1. If the contractor runs away with the salary, who will pay the workers?

Wage is understood as the amount of money that the employer, after using labor and making a profit from the employee, must fulfill the obligation to pay wages on the basis of entering into a labor contract or performance. perform specific work. Currently, for projects or constructions, investors pay salaries through contractors to support the management of salary payments to workers.

Although the investor (company) does not directly work with the employee, the two subjects, including the company and the contractor, who have trust and authorization to pay wages, must also be bound. certain and the contractor must have the obligation to receive money from the company and pay salaries to other people under the contractor's management.

So in case the contractor receives a worker's salary from the investor and this person has the bad intention of taking the money and running away, the worker has the right to request the investor to make the payment. Specifically, the 2019 Labor Code has regulations on salary payment through contractors as follows:

– When the investor believes in the contractor and agrees to use this person as an intermediary to perform this obligation, the employer as the main owner also needs to have a list and address of these people. accompanied by a list of workers working with them. During the construction process, they are responsible for supervising and ensuring their compliance with legal regulations on wages, labor safety and hygiene;

– In reality, there are cases where a contractor or a person with a similar intermediary role does not fulfill the obligation to pay wages or does not pay wages fully and does not ensure other benefits for workers. Perform and complete all of these obligations belonging to the main owner;

– After the main employer has overcome the shortcomings in the employee's salary regime, the employer as the main owner has the right to request compensation or request from the contractor or person with a similar intermediary role. State agencies have the authority to resolve disputes according to the provisions of law.

Thus, Clause 2, Article 100 clearly states that: When the contractor runs away with the money and does not pay the worker, the worker has the right to request the employer to be the main owner (the leading company). private) must be responsible for paying your salary. The fact that the contractor ran away with his salary is not a reason for the workers' rights to be violated. The responsibility to pay wages must still be carried out on the correct date and according to the agreement between the parties. As for the contractor who escaped, that is the relationship between the contractor and the company, so the company will take action to request the contractor to refund this money or initiate a lawsuit against this person to a competent court. .

2. Solution when the investment company does not pay salaries when the contractor runs away with money:

 2.1. Send a request directly to the company's board of directors requesting salary settlement:

Labor contracts originate from the will and aspirations of the parties, so the agreement of the parties is always respected and respected. Therefore, all problems arising in labor relations are prioritized to be resolved by agreement;

If the two sides can resolve the conflict through mutual communication, it will take full advantage of this solution, which is optimal, quick and least costly. However, if the company has deliberately not paid salaries, the settlement will become quite difficult.

2.2. Employees can complain to the Chief Inspector of the Department of Labor, War Invalids and Social Affairs:

Pursuant to Article 15 of Decree 24/2018/ND-CP, before making a complaint to the Department of Labor, War Invalids and Social Affairs, individuals need to make the first complaint to the employer. After the complaint is not resolved or is not resolved satisfactorily, the Department of Labor, War Invalids and Social Affairs will receive the second complaint.

Time limit for processing: 07 working days from the date of receipt of the complaint under jurisdiction.

Resolution time limit: No more than 45 days (complicated cases no more than 60 days), from the date of acceptance; In remote and remote areas with difficult access, the time limit for resolving complaints is no more than 60 days (complicated cases no more than 90 days), from the date of acceptance.

Individuals have the right to initiate a lawsuit in court according to administrative procedures when the second complaint is not resolved on time or disagree with the settlement decision (Pursuant to point b, clause 2 Article 10 of Decree 24).

2.3. File a lawsuit in Court:

According to the provisions of Clause 1, Article 188 of the 2019 Labor Code, salary disputes must go through conciliation procedures by a Labor Conciliator, then be sued in Court.

Pursuant to Clause 3, Article 190 of the 2019 Labor Code, the statute of limitations for requesting the Court to resolve a dispute is 01 year from the date of discovering that one's legitimate rights and interests have been violated.

The employee submits a lawsuit to the district People's Court where the investor is headquartered (or where the defendant resides) and carries out civil proceedings according to the Court's instructions.

3. Procedures for filing a lawsuit in court when the investment company does not pay workers:

3.1. Prepare documents:

At that time, the employee needs to prepare the following documents to initiate a lawsuit in Court regarding the employer's late payment or wage garnishment:

– Prepare 01 lawsuit form;

– Information about employees' identification documents such as valid citizen identification cards;

– Documents proving that the plaintiff performed under the work contract with authorization from the investor for the contractor to perform this obligation;

– Documents proving the employer's failure to pay or delay in salary payment;

– There is an additional record of unsuccessful conciliation by the Labor Conciliator.

3.2. Procedures for handling cases of non-payment of workers' salaries:

Step 1. Prepare petition and lawsuit documents

The plaintiff submits a petition to the competent Court along with submitting the petition and documentary evidence of the phone call to claim salary.

 Step 2: Review documents

After receiving the petition from the plaintiff, the Court is responsible for reviewing the petition if valid. If the above documents are guaranteed, the Court will send a notice to pay the court fee advance.

 Step 3: Accept the case

Within 7 days from the date of receiving notice from the court about the payment of court fee advances, the plaintiff must fulfill this obligation before the court will continue to process the case.

Step 4: Go to trial

After receiving the receipt of advance payment of court fees from the plaintiff, within 3 days the Court must process the case and bring the case to trial according to the provisions of law.

4. What will be done if the contractor does not pay the workers?

Although the employee has the right to request the investment company to pay wages if the contractor runs away with the money. However, in cases where a worker signs a contract with a contractor, the contractor is of course responsible for complying with the law in paying wages to workers in accordance with the law.

Pursuant to Article 3 of the 2019 Labor Law, it is stipulated: Employers can be businesses, agencies, organizations, cooperatives, households, and individuals that hire and employ workers. work for themselves according to the agreement; The individual whose labor contract is signed by the employer must ensure full civil act capacity.

At the same time, according to Article 13 of the 2019 Labor Code, there is an explanation of labor contracts, specifically: A labor contract is an agreement between the employee and the employer regarding paid work and salary. , labor conditions, rights and obligations of each party in the labor relationship.

Thus, from the above regulations, if a contractor hires or uses workers to work for him according to the agreement, he will be considered an employer.

When the contractor and the employee agree between the employee and the employer on paid employment, wages, working conditions, rights and obligations of each party, it will be considered a labor contract. active and will be governed by law.

Therefore, in case the contractor does not pay the worker, he will be punished according to Article 17 of Decree 12/2022/ND-CP on violations of salary regulations:

Employers who commit the following acts will be subject to penalties corresponding to the violations:

+ Not paying salaries on time according to the provisions of law; There is an act of not paying or not fully paying the employee's salary according to the agreement recorded between the parties;

+ Employees work overtime but do not pay or do not pay enough overtime wages; not paying or not paying enough wages for working at night; not paying or not paying enough severance pay to employees according to the provisions of law;

+ Controlling or restricting or interfering with the employee's right to self-determine management of salary spending; Forcing employees to use their salary to buy goods or use services from the employer or another unit designated by the employer;

+ Arbitrarily making deductions from employees' salaries that do not comply with the law; not paying or not paying enough wages according to regulations to employees when temporarily transferring employees to a job other than the labor contract or during a strike;

+ The employee is entitled to receive compensation for annual leave days or the number of annual leave days that have not yet been taken, but the employer does not pay or does not fully pay the employee's salary for the days not yet on annual leave. years or not yet taken all the annual leave days when the employee quits or loses his job; In case of temporary suspension of work according to the provisions of law but no advance payment or insufficient advance payment to the employee during the period of temporary suspension of work;

+ In addition, the action of not paying the full salary to the employee for the period of temporary suspension from work in case the employee is not subject to labor discipline.

Thus, individuals who commit the above violations will be subject to the lowest fine of from 5,000,000 VND to 10,000,000 VND for violations from 01 person to 10 employees; Even the highest level is from 40,000,000 VND to 50,000,000 VND for violations of 301 workers or more.

Not only will they be subject to administrative sanctions, but the violator will also be subject to remedial measures such as forcing the employer to pay the full salary plus interest on the late or underpaid salary. Employees are charged according to the highest interest rate on demand deposits announced by state-owned commercial banks at the time of sanctioning violations.

Legal documents used in the article:

– Labor Code 2019;

– Decree No. 24/2018/ND-CP of the Government: Regulations on resolving complaints and denunciations in the fields of labor, vocational education, and activities of sending Vietnamese workers to work abroad according to contract, employment, occupational safety and hygiene;

 – Decree 12/2022/ND-CP regulating violations of salary regulations.