[Direct answer]You can claim against the general contractor. According to the "Regulations on Ensuring the Payment of Migrant Workers' Wages" (implemented in 2019), the general contractor is responsible for supervising and managing the payment of migrant workers' wages by subcontractors. If the subcontractor fails to pay the wages on time and in full, the general contractor shall first advance the payment. In addition, the general contractor shall establish a dedicated account for migrant workers' wages and implement real-name management to distribute the wages on behalf of the subcontractor. Article 30 of the "Labor Contract Law of the People's Republic of China" (amended in 2012 and implemented on July 1, 2013) stipulates that the employer shall pay the worker's wages in full and on time in accordance with the labor contract and national regulations. In practice, migrant workers usually follow a three-step approach to protect their rights: First, verify the wage payment chain to confirm their employment relationship with the subcontractor, the labor company, and the specific information of the general contractor; Second, simultaneously send written reminders to the actual employing subcontractor and the general contractor, and file complaints with the human resources and social security departments and the housing and urban-rural development departments in the work location; Third, apply for a wage payment order when conditions permit. It should be noted that the general contractor's advance payment obligation does not mean that you can bypass the actual employer and directly demand full payment. In litigation, it is still necessary to distinguish the scope of responsibility.Real estate transactions and construction projectsThe services in this column can help sort out the chain of responsibility.

I. Problem background and typical scenarios

Common difficulties in claiming wages include: the subcontractors have left the site or been deregistered; the general contractors evade responsibility by claiming they have no employment relationship with the workers; the payrolls are held by the team leaders without written proof; the project has been completed but the wages have not been settled; it's difficult to collect the wages due to the transfer of workers across different projects; and the contractors have gone missing.Special services and other casesThe program connection instructions in the column can be used for reference. It is often not just about money when it comes to demanding payment, but also involves the difficulty of identifying the responsible parties after the project is subcontracted layer by layer.

II. Key points of contention

Focus One: Identification of labor relations and service relationships. Focus Two: Determination of the actual employer. Focus Three: Scope of the general contractor's responsibilities. Focus Four: Proof of wage standards. Focus Five: Choosing the path for litigation and administrative complaints. Focus Six: Procedures related to priority compensation.Labor arbitration and work-related injury compensationThe explanation of the scope of cases involving labor disputes in the column can be used for reference.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm typically handles such cases of unpaid wages in four steps. The first step is to organize evidence: collect attendance records from the construction site, workload confirmation forms, wage agreements, payrolls, chat records, and transfer receipts to form a chain of evidence that can prove the actual employment and the amount of unpaid wages. In practice, it's common to encounter difficulties in obtaining payrolls from others, so other forms of evidence are needed to support this. The second step is to identify the responsible parties: clarify the hierarchical relationship between the construction unit, the general contractor, the professional subcontractor, and the labor subcontractor, as well as who specifically manages the worker and which project they are working on. This is the basis for determining the target of the claim. The third step is to combine approaches: pursue both administrative complaints and civil claims simultaneously. Filing a complaint with the human resources and social security department can create administrative pressure and potentially facilitate a quick resolution. At the same time, prepare for labor arbitration or apply for a wage payment order to obtain a document with enforceable effect. The fourth step is to manage the statute of limitations: disputes over unpaid labor remuneration are not subject to arbitration time limits during the existence of the labor relationship, but claims must be filed within one year from the date the labor relationship terminates. Therefore, attention must be paid to the time limit. It's particularly important to note that if it can be determined that a labor relationship exists and there are work-related injury circumstances, the work-related injury identification should also be considered simultaneously, as the one-year application period is more stringent.Business and contract disputes in enterprisesThe method of sorting out contractual relationships in the column can be supplemented.

IV. Practical suggestions and legal basis

Action recommendations: First, collect attendance, wage, and payment records as soon as possible; Second, verify the specific information of the general contractor and subcontractors; Third, send written reminders to both the actual employer and the general contractor; Fourth, file complaints with the human resources and social security department and the housing and urban-rural development department; Fifth, evaluate whether to apply for labor arbitration or a wage payment order; Sixth, pay attention to the time limit for work-related injury recognition. Legal basis: The "Regulations on Ensuring the Payment of Migrant Workers' Wages" (State Council Decree No. 724, promulgated and implemented on October 7, 2019) regarding the general contractor's responsibility for advance payment and real-name system management; Article 30 and Article 43 of the "Labor Contract Law of the People's Republic of China" (amended in 2012 and implemented on July 1, 2013) regarding wage payment and economic compensation for terminating labor contracts; Article 116 of the "Civil Procedure Law of the People's Republic of China" (amended and implemented on January 1, 2022) regarding the enforcement procedure; Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the earlier you take action, the more advantageous it will be, as it will be more difficult to restore the wage payment chain over time. Secondly, there is a legal basis for claiming against the general contractor, but it is necessary to distinguish the scope of responsibility. Thirdly, it is best to pursue administrative complaints and civil claims in parallel. Fourthly, if the payroll is kept by others, it is necessary to corroborate it with indirect evidence such as attendance records and transfer records. Fifthly, pay attention to the one-year time limit for work-related injury identification, which is the right that is most easily overlooked and results in the greatest losses. Sixthly, when dealing with multiple people, it is necessary to maintain a unified stance and organize evidence well to avoid wasting resources on individual rights protection.Special services and other casesThe column can also provide supporting explanations from rights protection organizations.

VI. Frequently Asked Questions

Q1: The general contractor said we don't have an employment relationship, and refuses to pay. What should I do?

This is precisely one of the reasons why it is necessary to claim against the general contractor. The general contractor is responsible for supervising and managing the payment of wages to subcontractors, and when the subcontractors fail to pay in full and on time, the general contractor should advance the payment first. Therefore, in practice, claims can be made simultaneously against the subcontractors who actually employ workers and the general contractor, and pressure can be applied through administrative complaints. If the general contractor still refuses to pay, complaints can be filed with the human resources and social security department and the housing and urban-rural development department. If necessary, labor arbitration can be applied for and related responsibilities can be claimed simultaneously. It should be noted that the scope of the advance payment responsibility and the amount of the claim need to be defined based on specific circumstances.

Q2: There's no payroll, only a verbal agreement. Can I still get my money back?

It's quite challenging, but not impossible. It requires corroboration by other evidence: first, attendance records, including access control card punching, on-site sign-in, and team records; second, workload confirmation forms, settlement forms, or acceptance records; third, payrolls and transfer records, which, although incomplete, can prove the wage standards; fourth, chat records and audio recordings, covering wage agreements, schedule arrangements, and settlement progress; fifth, testimonies from other workers in the same team. In practice, the court will make a comprehensive judgment based on the above evidence. It is recommended to fix the evidence as soon as possible to avoid its loss due to personnel mobility.

Q3: Can I apply for a wage payment order?

It's possible, but it requires meeting legal requirements. The enforcement procedure typically requires a clear creditor-debtor relationship, clear facts, and evidence proving that the debtor should make payments within the specified timeframe. In practice, the most suitable scenarios are: having a written labor contract or a wage confirmation form, having a clear amount of unpaid wages and due dates, and having evidence proving the existence of a payment obligation. Applying for a wage payment order is relatively quick, and once granted, it has compulsory enforceability. However, if there are disputes over the basis of the creditor's claim, the application may be ruled inadmissible, and in this case, it is still necessary to resolve the matter through litigation. Therefore, it is recommended to first compile a complete package of evidence before applying for the order.

Q4: If an employee suffers a work-related injury on the construction site, can they still claim their wages?

Yes, and both claims should be pursued simultaneously. Work-related injury identification and wage payment are two independent rights claims: on the wage side, you can claim the unpaid labor remuneration; on the work-related injury side, you should apply for work-related injury identification within one year from the date of the accident. For those who are not insured, the employer shall pay all work-related injury insurance benefits in accordance with the regulations. Two points need to be noted: first, the time limit for work-related injury identification is more stringent than that for wage claims, and it will be difficult to make up for it if missed; second, if you are unable to continue working due to a work-related injury, subsequent claims may also involve wages during the suspension of work with pay, medical expenses, and disability benefits. Therefore, in the case of both unpaid wages and work-related injuries, it is necessary to prioritize the initiation of the work-related injury identification procedure.

Q5: If the contractor has run away, who else can I turn to?

It is necessary to trace upstream along the labor chain: contractors are usually employed by labor subcontracting companies or actual constructors. It is necessary to identify the main parties to the labor subcontracting contracts and the construction organization methods of the projects, and to claim against the higher-level main parties. The general contractors bear the responsibility of supervising and managing the payment of wages, and therefore are important objects of claims. In practice, it is necessary to apply for administrative complaints simultaneously, urge the implementation through the human resources and social security departments and the housing and urban-rural development departments, and retrieve the bank transaction records of wage payments to identify the actual payers. When necessary, it is possible to apply for property preservation to prevent the relevant parties from transferring assets.Labor arbitration and work-related injury compensationThe column can also provide an explanation of the path to protecting one's rights.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Legal services for real estate transactions·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.