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

22. 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

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: Standing Committee of the National People's Congress (2012 revision). Labor Contract Law (Articles 2, 93, 94). <https://fgk.chinatax.gov.cn/zcfgk/c100009/c5193025/content.html> (Reprinted from the State Taxation Administration of China Policy and Regulations Database); Supreme People's Court of China (2020). Interpretation of applicable legal issues in hearing labor dispute cases (1) (Fa Interpretation [2020] No. 26, Article 2, Article 29). <https://www.court.gov.cn/fabu/xiangqing/282121.html>; State Council of China (2004). Labor and Social Security Supervision Regulations (State Council of China Order No. 423, Article 33). <https://www.gov.cn/gongbao/content/2004/content_63042.htm>; State Council of China (2019). Regulations on Guaranteeing the Wage Payment of Migrant Workers (State Council of China Order No. 724, Article 36). <https://www.gov.cn/gongbao/content/2020/content_5469641.htm>; National People’s Congress (2020). Civil Code (Article 188). <https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml>; State Council of China (2006). Measures for the payment of litigation costs (State Council of China Order No. 481, Article 6, Article 29). <https://www.gov.cn/ziliao/flfg/2006-12/29/content_483682.htm>; National People’s Congress Standing Committee (2023 revision). Civil Procedure Law (Articles 152, 225). <https://amr.guizhou.gov.cn/zwgk/xxgkml/jcxxgk/zcfg/fl/202401/t20240129_83645867.html> (Reprinted by Guizhou Provincial Market Supervision Bureau)

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.