Opinions on the application for retrial of labor subcontracting company after the labor shift leader wins the lawsuit of labor payment

2022-07-09 0 By

Opinions on Yili Company’s Application for retrial Zhengzhou Yili Labor Subcontracting Co., LTD. (hereinafter referred to as yili Labor Service), Zhang SAN and China Construction Authority Group Co., LTD. (hereinafter referred to as China Construction Authority) on the dispute of overdue labor project payment for construction project labor subcontracting contract, hereby reply to Yili Labor Service’s retrial application as follows:The courts of first and second instance have ascertained that the facts are clear and the law is correct, and yili Labor Service’s application for current trial has no factual and legal basis, so yili Labor Service’s retrial request should be rejected according to law.A, zhang SAN and a labor service subject are eligible.From zhoukou Shunhejiayuan Project Main Engineering Labor Subcontract, Internal Contracting Agreement and Supplementary Agreement, Labor Contracting Contract, combined with zhang Jun, the representative of Yili Labor Service, and the Completion Sheet of Team 3 issued to the respondent:Zhongjian bureau department involved in the project of the contractor, a labor department labor made a set of labor will be involved in the project, the main body of labor, secondary structure and masonry plaster labor subcontract Xu Wei (independent, for themselves), Xu Wei part subcontracting to zhang, zhang SAN’s Labour is a part of the labor contract work,The labor construction part of the project involved was actually carried out by Zhang SAN’s labor team, therefore, Zhang SAN is the subject of the case.And Xu Wei is a service company staff, and in the name of a state labor companies signed the case with zhang SAN “secondary structure decoration service contracting contract”, and zhang SAN think it is with a labor service company to sign the contract, Xu Wei behavior in line with the characteristics of agency by estoppel, as a result, a labor service company is the counterpart of the contract, the eligibility of subject is the case.The procedure and entity of the second, first and second trials are correct.Yili Labor Service is the labor subcontractor of the project involved in the case. The labor construction part of the project involved was actually carried out by Zhang SAN’s labor team. Both of them are eligible subjects of the case.As for the internal contract agreement between Yili labor Company and Xu Wei, it is not binding on Zhang SAN, so if yili labor Company thinks that there is a dispute between it and Xu Wei, yili labor company can take another case.Since Zhang Yan, Zhang Jun, Xu Wei, Zhang Yao and Zhang Li are not the counterparts of the contract in this case, yili Labor Service Company has no legal basis for applying for the additional five parties in this case, and the court of first instance does not approve yili Labor Service’s additional application, which is not justified.Yili Labor Service Company was the labor subcontractor of the project involved in the case, and Zhang Jun, as the representative of Yili Labor Service Company, provided labor services for the project involved in the case. Zhang Jun, as the representative of Yili Labor Service Company, issued the Completion Form of Zhang Sangang to the respondent, confirming that the completed labor project payment was 860,200 yuan.But as labor made did not live up to its responsibilities, failed to timely deal with labor payment, zhang SAN to team together with other services complaints to wenchang branch of zhoukou city public security bureau public security brigade, zhoukou labor inspection team, under the two units to coordinate, zhongjian bureau on the basis of the respondent’s completion list and the actual verification and pay 438000 yuan to the respondent team, and 5%,The remaining 129,030 yuan has not been paid, which can be proved by relevant evidence materials and verified by each other. Therefore, the court of first and second instance judged that yili Labor Service Company’s payment of 129,030 yuan and interest to the respondent is correct.In summary, the retrial application of yili Labor Service Company has no factual and legal basis, and does not meet the conditions of the retrial application, so please reject its retrial request according to law.This is to the Retrial respondent of Zhengzhou Intermediate People’s Court: