- Cost: No cost. First clarify three things: whether the other party runs a shop, factory, or business; whether the work came from a company or construction site through subcontracting; and whether you were working in someone’s home. You can check whether they have a business license on the National Enterprise Credit Information Publicity System.
- In plain terms: A workshop or store without a license can still be reported to labor inspection and taken to labor arbitration; the owner can be held personally liable. If a labor subcontractor on a construction site owes wages, the general contractor or project owner must pay. Only when you work for a household or individual as a private helper — for example as a nanny — is it not a labor dispute; you must sue in court.
- Benefit: Article 2 of the Labor Contract Law limits “employers” to enterprises, individual economic organizations, privately run non-enterprise units, and similar organizations; natural persons are not included. The Supreme People’s Court’s interpretation on labor disputes lists several disputes that are not labor disputes: (1) disputes between a household or individual and domestic service workers; (2) disputes between an individual artisan and helpers or apprentices; (3) disputes between rural contracted operators and hired workers. Those must be brought in court as ordinary civil cases, with a three-year limitation period. Employers without a business license are not in that exception. Article 93 of the Labor Contract Law provides that where an employer lacks lawful operating qualifications, if the worker has already performed labor, that unit or its investors must pay wages, economic compensation, and damages. Article 29 of the same judicial interpretation provides that where a dispute arises with an employer that has not obtained a business license, has had its license revoked, or continues operating after its term expired, the employer or its investors must be named as parties. Article 33 of the Regulations on Labor Security Supervision provides that where there is labor use but no business license or the license has been revoked, the labor security administrative department shall conduct supervision. Where an individual contractor illegally recruits workers and causes harm, the contracting organization and the individual contractor bear joint and several liability (Labor Contract Law Article 94). Where a construction unit or general contractor subcontracts to an individual or an entity without lawful operating qualifications and migrant workers’ wages are owed as a result, the construction unit or general contractor must pay (Regulations on Payment of Migrant Workers’ Wages Article 36) (nationwide).
- Evidence grade: A
- Sources:全国人大常委会 (2012 修正). 劳动合同法(第二、九十三、九十四条). https://fgk.chinatax.gov.cn/zcfgk/c100009/c5193025/content.html(国家税务总局政策法规库转载);最高人民法院 (2020). 关于审理劳动争议案件适用法律问题的解释(一)(法释〔2020〕26 号,第二、二十九条). https://www.court.gov.cn/fabu/xiangqing/282121.html;国务院 (2004). 劳动保障监察条例(国务院令第 423 号,第三十三条). https://www.gov.cn/gongbao/content/2004/content_63042.htm;国务院 (2019). 保障农民工工资支付条例(国务院令第 724 号,第三十六条). https://www.gov.cn/gongbao/content/2020/content_5469641.htm;全国人大 (2020). 民法典(第一百八十八条). https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml;国务院 (2006). 诉讼费用交纳办法(国务院令第 481 号,第六、二十九条). https://www.gov.cn/ziliao/flfg/2006-12/29/content_483682.htm;全国人大常委会 (2023 修正). 民事诉讼法(第一百五十二、二百二十五条). https://amr.guizhou.gov.cn/zwgk/xxgkml/jcxxgk/zcfg/fl/202401/t20240129_83645867.html(贵州省市场监管局转载)
- Notes: Judge in this order. First see whether the work came from a company or construction site; if so, pursue the contracting company or general contractor. Dedicated wage accounts and general-contractor advance payment on sites are covered in item 2 (owed wages — complain to labor inspection first). Next see whether the other party is doing business — shop, factory, or workshop; with or without a license, use inspection and arbitration, and name the owner personally in arbitration. Only work for a household or individual as a private helper goes to court. In court you file and prove your own case; ordinary first-instance procedure starts at six months. Attorney fees are not among litigation costs the loser pays; if you hire a lawyer you pay yourself — if you cannot afford it, apply for legal aid (item 3). If you have a written IOU you can first apply for a payment order; small amounts can use small-claims procedure (Section 8, item 22 — second-hand fraud and small claims). The three-year limitation period is in Section 8, item 19 (deadlines for rights). Neither path guarantees payment; if the other side has no assets, winning still may not recover money.
If wages are owed to you, first figure out who actually employed you: unlicensed workshops and labor subcontractors still go through labor inspection; only work for a household or individual as a private helper belongs in court
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