Construction worker gets compensation for not getting labor contract

He Zhengwen, a migrant worker from Sichuan, recently received an arbitration award saying the company in which he works should pay him the defaulted wage and relevant compensation totaling 40,000 yuan. Reporters learned that many of the 40 million Chinese construction workers have not signed labor contracts with their bosses and He Zhengwen is the first and only construction worker who has not signed a labor contract but has still won a labor dispute and received compensation.

He Zhengwen comes from Miaogao Town, Langzhong City, Sichuan Province. Five years ago, He came to Beijing, working at a construction site. Without a labor contract, He suffered losses from time to time as the company always refused to pay his wages in full. On March 6, 2009, he and his younger brother transferred to another construction site under the control of Beijing North Star Company. He and his brother were promised that their wages would each be 120 yuan per day. Beijing Liujian Construction Corporation and Beijing Hongjia Construction Company, the general contractor and subcontractor on the project, each set up a project office at the construction site. Yao Tianwen, project manager of Beijing Hongjia Construction Company entrusted woodworking with Pu Kunyang, a foreman from Sichuan. He Zhengwen and his brother work for Pu.

Just like many other workers, He and his younger brother did not sign labor contracts with their boss despite the fact that the Labor Contract Law stipulates that all companies should sign labor contracts with their laborers. For a long time, construction workers had to follow their foremen to work at numerous construction sites, suffering from unsecured wages and on-job injury insurance, and bad working conditions because their bosses were reluctant to sign labor contracts with them and provide them with the necessary benefits to which regular staff should be entitled.

Without a choice, many workers had to accept this reality. He Zhengwen, however, frequently demanded to sign a labor contract because he had suffered from losses caused by his failure to sign such a contract in the past. To He's disappointment, his demand was rejected. After witnessing the unbearable suffering endured by his fellow workers, he made up his mind to protect his own interests and rights by legal means.

In September 2009, He Zhengwen filed for arbitration in the Arbitration Committee of the Human Resources and Social Security Bureau of Fengtai District. At that time, a pay slip issued on September, 2009 was his only evidence.

On December 15, 2009, a representative from Beijing Hongjia Construction Company argued at a court that no evidence could prove the relationship between He Zhengwen and the company. The representative admitted that the company is a subcontractor of the project but Yao Tianwen is not a regular staff member and the company was not aware that Yao Tianwen had entrusted relevant woodworking with Pu Kunyang.

The arbitration committee ruled that He Zhengwen works for Beijing Hongjia Construction Company because Article 4 of the Notice on Determination of the Relationship between Employers and Employees issued by the Ministry of Human Resources and Social Security stipulates that if construction companies and mines entrust construction projects with unqualified organizations or natural persons, the construction companies and mines shall bear relevant responsibilities.

On January 26, 2010, the arbitration committee ruled that Beijing Hongjia Construction Company should pay He Zhengwei more than 40,000 yuan, including wages for the period between March 6, 2009 and September 13, 2009, and compensation equivalent to the wages if a labor contract had been signed with He Zhengwen.

"I am not just defending my own rights and interests. The Labor Contract Law was promulgated two years ago but no one here abides by it. If we do not put an end to the current situation, our children will not be able to get their wages in full someday," said He Zhengwen. He filed for arbitration for the purpose of improving the situation and thus "accelerating the improvement of the legal environment of the whole society."

Now, He Zhengwen has become very popular on the construction site for what he has done to defend his own interests and rights. In his spare time, his main task is to help other workers study the Labor Law so as to be able to protect their rights and interests by legal means in the future.

Reporters learned that Beijing Hongjia Construction Company has lodged an appeal and He Zhengwen said that he has prepared for a dispute which may last a long time.