[Direct answer]In the Beijing area, if contractors default on migrant workers' wages, the migrant workers can seek compensation through multiple channels. As employers, contractors bear direct responsibility for wages; according to Articles 30 and 31 of the "Regulations on Ensuring the Payment of Migrant Workers' Wages" (promulgated on December 30, 2019 and implemented on May 1, 2020), the general contractors of construction projects are responsible for supervising the labor employment and wage payment of subcontractors. If the subcontractors default on wages, the general contractors shall first pay off the wages and then seek compensation according to law. In the event of illegal contracting, subcontracting, illegal subcontracting, or subcontracting with others, the employers and general contractors shall bear responsibility to the actual constructors within the scope of the unpaid project funds, and the migrant workers may claim against the general contractors and employers on this basis. In addition, they can file complaints with labor and social security supervision departments, apply for labor arbitration, or file lawsuits. For more details, please refer to the following link:Legal services for real estate transactions and construction projects.

I. Problem Background and Typical Scenarios

At construction sites, subcontracting at multiple levels and labor teams organized by contractors to work under their supervision are common employment models in the engineering industry. When it comes to payment, disputes often arise between general contractors, subcontractors, and contractors, and migrant workers at the bottom of the chain often fail to receive their wages. Common scenarios include contractors blaming "the funding hasn't been allocated from higher authorities"; general contractors claiming that they have already paid the subcontractors and it's none of their business; and developers saying they only recognize the general contractor's contract. Migrant workers often only have verbal agreements and work records, making it difficult to obtain evidence. For more information, please refer to the relevant rules.Legal services for real estate transactions and construction projects.

II. Key points of contention

The controversy focuses on four points. Firstly, the subject of responsibility: the contractors are the direct responsible parties, but it is often difficult for them to enforce their rights alone. Secondly, the general contractor's priority repayment: the regulations clearly stipulate that when subcontractors are in arrears, the general contractor shall repay them first and then seek compensation, which is the most direct way for migrant workers to protect their rights. Thirdly, the responsibility of the employer under illegal subcontracting and subcontracting with a shell company: the employer and the general contractor shall bear responsibility to the actual constructors within the scope of the unpaid project funds. Fourthly, the choice of remedial path: complaints, arbitration, and litigation each have their own applications, and arrears in wages may also involve criminal charges (refusing to pay labor remuneration). Beijing has a special fast-track processing channel and supervision mechanism for such cases.

III. Professional analysis by Hengluo Law Firm

A construction contract dispute handled by Attorney Li Yonghui vividly illustrates the settlement and payment disputes in the labor subcontracting chain. On May 15, 2023, A (Beijing) Construction Engineering Co., Ltd. (hereinafter referred to as "A Company") and B Company signed the "Beijing Municipal Housing Construction and Municipal Infrastructure Project Labor Subcontracting Contract", undertaking the HVAC labor subcontracting of a new commercial project in Jinshan District, Shanghai. The contract estimated a total tax-inclusive price of 5,300,000.19 yuan. As of January 2025, A Company had completed a total estimated project volume of 4,939,806 yuan (accounting for 96% of the total contract price), but B Company had only paid 1,680,000 yuan and once used the house to offset part of the project payment, leaving an outstanding balance of approximately 1,110,574.35 yuan. B Company delayed payment on the grounds of unfinished project acceptance and quality defects. Attorney Li Yonghui pointed out that the commercial plaza where the project is located opened and put into use in December 2025. According to Article 14 of the "Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trials of Construction Contract Disputes", if the employer uses the project without completing the acceptance, it shall be deemed that the project has been completed, and the payment conditions have been met. The outstanding payment amount was verified by the progress payment application form. This case shows that in the labor subcontracting chain, the arrears in payment at the front end will be passed down to the final workers. It is a prerequisite for protecting rights to clarify the payment obligations and the scope of arrears at each level. This case is handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 30 of the Regulations on Ensuring the Payment of Migrant Workers' Wages (implemented on May 1, 2020) (subcontractors defaulting on wages shall be paid off by the general contractors first), Article 31 (dedicated wage accounts and agency payment), Article 36 (construction units and general contractors shall bear joint and several liability for illegal subcontracting and挂靠); the provisions on labor remuneration in the Labor Contract Law of the People's Republic of China (amended on December 28, 2012); Article 43 of the Interpretation of the Supreme People's Court on Legal Issues Concerning the Trial of Construction Contract Disputes (implemented on January 1, 2021) (the actual constructor may claim the liability within the scope of the unpaid project funds from the employer); Article 276-1 of the Criminal Law of the People's Republic of China (amended in 2020) (the crime of refusing to pay labor remuneration). Action list: 1. Retain work records, attendance records, chat logs, and IOUs; 2. Firstly, claim the unpaid project funds from the general contractors and employers and fix the evidence of the scope of the unpaid project funds; 3. Complain to the labor and social security supervision authorities at the project location; 4. Apply for labor arbitration or sue the contractors and general contractors; 5. Promptly transfer clues of refusing to pay the wages to the relevant authorities, please refer to the details for more information.Legal services for real estate transactions and construction projects.

5. Henglu Law Firm's Advice

The first priority for migrant workers to protect their rights is to establish a fixed labor relationship and evidence of unpaid wages. Time sheets, attendance records, pay slips, and chat records are much more powerful than verbal agreements. At the same time, it is important to clarify who to claim from: the contractors should pay directly, and the general contractors should pay off the debts first according to the regulations. The employers and general contractors in the illegal subcontracting chain should also bear joint and several liabilities within the scope of the unpaid wages. When handling similar cases in the Beijing area, it is recommended to follow the procedures as specified in the regulations.Beijing Hengluo Law FirmUnder the assistance of professional lawyers, simultaneously file complaints, initiate arbitration, and pursue litigation to avoid focusing solely on the contractors and thereby missing out on the general contractors' and employers' obligations to make payments.

VI. Frequently Asked Questions

Q1: The contractor has absconded. Who should I ask for my wages from?

If the contractor goes missing, migrant workers can still claim compensation from the general contractors and construction units in accordance with the law. According to Article 30 of the Regulations on Ensuring the Payment of Migrant Workers' Wages (effective May 1, 2020), if the subcontractors default on migrant workers' wages, the general contractors shall first make compensation and then seek recovery of the compensation in accordance with the law; if there are illegal subcontracting, transfer of contracts, or contractual collusion, the construction units and general contractors shall bear responsibility within the scope of the unpaid project funds. In addition to claiming compensation from the general contractors and employers, migrant workers can also file complaints with the labor and social security supervision authorities, apply for labor arbitration, or file lawsuits. The outcome will depend on the evidence of the default and the responsibilities of the parties involved. The specific determination shall be based on the individual case.

Q2: If I haven't signed a labor contract, can I get my wages back?

Yes. Labor relations and unpaid wages do not solely rely on written labor contracts as evidence. Worksheets, attendance records, salary transfers, chat records, coworker testimonies, construction logs, etc. can all form an evidence chain. Notes of arrears and settlements issued by contractors carry more direct evidentiary value. It is recommended to collect the above-mentioned materials as soon as possible and submit them to labor supervision or arbitration. If necessary, confirm the creditor's rights through litigation. The more complete the evidence is, the smoother the recovery process will be. No lawyer can guarantee the outcome unilaterally.

Q3: What evidence do I need to provide to the general contractor to claim my wages?

The key points are two categories: First, evidence of employment and unpaid wages between you and the contractors and the project, such as work records, attendance records, IOUs, and chat records; Second, evidence of the scope of the unpaid project funds by the general contractors and clients, such as project publicity boards, general contract information, and payment publicity. The regulations require general contractors to supervise the payment of subcontractors' wages, and migrant workers can claim priority repayment based on this. When there is insufficient evidence, they can request the supervision department to retrieve the general contractors' dedicated wage accounts and payment records to fix the chain of unpaid wages.

Q4: Can I report the arrears in migrant workers' wages to the police, and does it constitute a crime?

Purely unpaid wages constitute labor disputes, and the general process is to first go through supervision, arbitration, and litigation. However, if the employer evades payment by transferring assets or absconding, or refuses to pay despite having the ability to do so, the amount is large, and still fails to pay after being ordered by relevant government departments, it constitutes the crime of refusing to pay labor compensation according to Article 276 of the Criminal Law, and the case can be transferred to the criminal justice system. Whether a crime has been committed shall be determined by the judicial authorities. Migrant workers can first file a complaint and request the supervision authority to order the employer to pay. If the employer refuses to comply and meets the conditions, the criminal proceedings can be initiated.

Q5: How can migrant workers effectively claim their unpaid wages?

The four-step process is as follows: First, collect evidence of unpaid wages, such as work sheets, attendance records, IOUs, and chat records; Second, claim against the general contractors and employers, and fix the scope of the unpaid project funds; Third, file a complaint with the labor and social security supervision team at the project site and apply for an order to pay; Fourth, if the supervision fails, apply for labor arbitration or sue the contractors and general contractors, and report the clues of suspected refusal to pay to the public security organ. In the Beijing area, it is recommended to do this.Attorney Li YonghuiUnder the guidance of professional lawyers, we will pursue multiple paths in parallel to shorten the collection period.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Hengluo Lawyers about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for the purchase and sale of real estate·Attorney Li Yonghui·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.