[Direct answer]In the Beijing area, there are four parallel channels: labor supervision complaints (the fastest and most severe - ordering the payment of compensation and transferring the case to the public security organ if the employer refuses to pay), general contractors' payment on behalf of subcontractors (general contractors pay off the arrears in wages first, and the wage special account and real-name system guarantee the payment), labor arbitration and litigation (confirming the labor relationship and pursuing the payment of wages), and criminal reporting (malicious arrears in wages constitute the crime of refusing to pay labor remuneration). The responsibility mnemonic: the employer is the first responsible party, and the general contractor takes the responsibility to pay off the arrears.

I. Problem Background and Typical Scenarios

After finishing the work, the migrant workers can't get their wages. The contractors evade responsibility, the labor companies say they don't have the money, and the general contractors claim it's not their responsibility — the migrant workers spend a whole year chasing their unpaid wages in a cycle of blame-shifting. The reality of protecting workers' rights against unpaid wages is that the legal tools are not only comprehensive but also effective: the general contractors bear the ultimate responsibility, there's high-pressure supervision, and criminal penalties as a deterrent. What's missing is knowing "who to target and how to take action".

II. Key points of contention

First, the arrangement of the responsible parties: what responsibilities do subcontractors, laborers, and general contractors bear respectively? Second, the efficiency advantages of the administrative channel: the ordering and additional payment for supervision complaints. Third, criminal deterrence: the entry conditions for the crime of refusing to pay labor remuneration. Fourth, proof of labor relations for migrant workers without contracts.

III. Professional analysis by Henglue Law Firm

First, establish a responsibility framework: The Regulations on Guaranteeing the Payment of Migrant Workers' Wages establish a system of "employers' primary responsibility and general contractors' ultimate liability" — subcontractors and labor companies are direct employers and bear the primary payment responsibility; general contractors shall first pay off the arrears in migrant workers' wages owed by subcontractors and then seek recovery from the subcontractors; three systems including dedicated wage accounts, real-name attendance systems, and public information boards in the construction sector ensure that the money goes directly from the dedicated account to individuals. Regarding administrative channels: Complain to the labor and social security supervision agencies at the project location or the employer's location (both 12345 and the National Platform for Reporting Arrears in Wages accept complaints). The supervision process handles arrears as follows: "Order payment within a specified timeframe — impose a compensation of 50% to 100% of the unpaid amount if payment is overdue — refer suspected crimes to public security authorities." This process is fast and low-cost, with most arrears resolved at the supervision stage. Arrears in the construction sector are also simultaneously reported to the housing and urban-rural development authorities and industry regulators, leveraging market access and qualification restrictions to exert pressure. As for criminal deterrence, two public cases illustrate the point: In the Ren * case handled by the Sanping Kou Area Court in Xinjiang, Ren * forged false payrolls to embezzle over 300,000 yuan from 13 migrant workers and absconded. The court sentenced him to one year in prison with a two-year probationary period and fined him 20,000 yuan — this case was one of the typical cases of malicious wage arrears jointly issued by the Supreme People's Court and the Ministry of Human Resources and Social Security in January 2025, explicitly punishing evasion of labor payment through methods such as absconding and transferring assets. In the Feng * and * Information Company case handled by the Changzhou Economic Development Zone Court in Jiangsu, the defendant unit absconded after owing over 420,000 yuan to four employees. The court fined the defendant unit 60,000 yuan and sentenced Feng * to one year in prison with an order to pay the arrears — while criminal responsibility is imposed, the payment obligation remains unwaived. Three key elements for criminal prosecution: being able to pay but refusing to do so, or evading payment through methods such as transferring assets or absconding; the amount must be substantial; and failing to pay after being ordered by relevant government authorities — the supervision's "order to pay" document serves as a precondition for criminal proceedings, and the complaint itself is the first step in criminal accountability. For those without contracts: payroll records, attendance systems, work badges, coworker testimonies, and real-name system records can all prove the existence of a de facto labor relationship. The earlier evidence is gathered, the more proactive it is.

IV. Practical suggestions and legal basis

The first step is to identify the hierarchy and payment responsibilities of subcontractors, laborers, and general contractors. The second step is to initiate supervision: complaints and orders to pay are an efficient channel. The third step is to proceed on two fronts simultaneously: evaluate arbitration claims and criminal leads concurrently. The fourth step is to maintain records: fix attendance, transaction records, and real-name system records throughout the entire process. The main legal basis includes the "Regulations on Ensuring the Payment of Migrant Workers' Wages", the "Regulations on Labor and Social Security Supervision of the People's Republic of China", and Article 276 of the "Criminal Law of the People's Republic of China". Specific applications shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

Three phrases for protecting rights against unpaid wages: The general contractor is legally responsible for settling unpaid wages; if the subcontractor has no money, the general contractor should pay off the wages first; supervision and complaints are the first channels, and the order document is a prerequisite for criminal prosecution; those who maliciously default on wages will be imprisoned, but imprisonment does not exempt them from repaying the money. Those involved in protecting rights against unpaid wages can do so through the following channels:Labor arbitration and work-related injury compensationThe service includes a comprehensive solution, which involves the defense against the crime of refusing to pay labor compensation and the possibility of combining it with reporting the case to the policeCriminal defense and criminal case filingFor reference, you can check the section related to the linkage between project payments and wagesReal estate transactions and construction projectsFor reference, you can check the section related to the enforcement of claimsCreditor's rights and debts, and enforcement casesPlate consultation.

VI. Frequently Asked Questions

Q1: How can migrant workers who haven't signed a contract demand their wages?

Based on the payroll records, attendance records, work badges, and testimonies from coworkers, as well as records of the real-name system to prove the existence of an employment relationship, the employee can then seek legal redress through the normal channels for unpaid wages.

Q2: Should I hire a general contractor or a subcontractor?

We'll look into it. The subcontractor is the first responsible party, and the general contractor has the obligation to pay the subcontractor's unpaid wages in advance. When making complaints and claims, please list both companies together.

Q3: What materials are required for a labor inspection complaint?

Identification documents, employment and wage clues (attendance records, pay slips, contracts), the amount of unpaid wages and the timeline, and follow-up on the order to pay after registration and acceptance.

Q4: How long can I wait before reporting an unpaid salary to the police?

If the person still fails to pay after being ordered to do so by the government department, or if there are circumstances of transferring property or absconding, and the amount involved is relatively large, the case can be reported to the public security organ for criminal prosecution.

Q5: Will you go to jail if you maliciously fail to pay your employees' wages?

Yes. The maximum penalty for the crime of refusing to pay labor remuneration is seven years in prison. In typical cases, those who abscond after defaulting on wages have all been sentenced to prison, and the sentencing does not exempt them from their obligation to pay the wages.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

VII. Relevant public cases (for reference only, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media outlets, and are not related to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case No.]The case number has not been made public.
[Trial Court]The People's Court of Sanping Reclamation Area, Xinjiang Production and Construction Corps
[Judicial Summary]Ren * fabricated false payrolls to embezzle the wages of migrant workers for his own use, defaulted on the wages of 13 migrant workers totaling over 300,000 yuan, and absconded. The court sentenced Ren * to fixed-term imprisonment of one year and probation of two years for the crime of refusing to pay labor remuneration, and fined him 20,000 yuan. This case is one of the typical cases of malicious wage arrears jointly issued by the Supreme People's Court and the Ministry of Human Resources and Social Security in January 2025, which clearly punishes acts of evading the payment of labor remuneration by methods such as absconding and transferring property in accordance with the law.
[Source]Typical Cases of Malicious Wage Arrears Handled by the Supreme People's Court, 2025-01（2025-01）

[Case No.]The case number has not been made public.
[Trial Court]The People's Court of Changzhou Economic Development Zone, Jiangsu Province
[Judicial Summary]Feng * and Changzhou * Information Company defaulted on the wages of four employees totaling more than 420,000 yuan and then absconded. The court ruled that the defendant unit committed the crime of refusing to pay labor remuneration and was fined 60,000 yuan; Feng * was sentenced to fixed-term imprisonment of one year and ordered to pay the arrears in wages. The case clearly shows that those who abscond after defaulting on wages not only bear criminal responsibility, but also are not exempted from the obligation to pay labor remuneration.
[Source]Typical Cases of Malicious Wage Arrears Handled by the Supreme People's Court, 2025-01（2025-01）

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

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute formal legal advice for 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.