Establish Accountability Mechanism. The Regulations On Guaranteeing The Payment Of Wages For Migrant Workers Will Come Into Effect On May.

Every year, whether a migrant worker can get a good salary for a good year affects the hearts of millions of families. In order to solve the problem of arrears of wages for migrant workers, Premier Li Keqiang signed the decree of the State Council and promulgated the "Regulations on the payment of wages for migrant workers", which has been implemented since May 1, 2020.

Zhang Yiquan, Vice Minister of the Ministry of personnel and social affairs, said that the regulations adopted in this regard are aimed at guaranteeing the payment of wages for migrant workers as the legislative purpose and promoting the eradication of wage arrears of migrant workers by means of the rule of law. ? Zhang Yiquan, Vice Minister of human resources and social security, First, we should clarify the main responsibility of the payment of wages. The two is territorial responsibility. The regulations stipulate that the local people's governments at or above the county level are responsible for ensuring the payment of migrant workers' wages in their administrative areas. The three is the regulatory responsibilities of the Department. The departments in charge of human resources and social security, the engineering construction industry, and the departments responsible for the development, reform, finance and public security shall be responsible for the corresponding supervisory duties according to their responsibilities.

The regulations not only clarify the main responsibility party, but also clarify the regulatory responsibilities of the departments involved, and build a co governance system. Specifically, the regulations stipulate that the employer pays the main responsibility of the employer's wages, and the wages of migrant workers should not be defaulted, requiring the employer to pay the wages through bank transfer or cash, and not to substitute for other forms such as real object or negotiable securities.

For the field of engineering construction where wages of migrant workers are frequently delayed, the regulations also set up special chapters to create a "green channel" for wage payment in the field of Engineering Construction: construction units should allocate labor costs to other projects, and allocate funds to the special accounts of migrant workers on time, and the payment period should not exceed one month. Units, subcontractors, contractors, and many other links are prone to be withheld and deducted. Regulations also put forward new requirements.

Wang Cheng, director of labor and Social Security Supervision Bureau of Ministry of human resources and social security: Enter into labor contracts and register and manage the real name system. The sub contractors are required to entrust the construction contractor to the wages of the migrant workers. The construction contractor will send the wages to the bank account of the peasant workers directly through the special accounts, so as to ensure that the wages are sent to my own hands.

It is understood that the "protection of migrant workers wages payment Ordinance" will come into effect on May 1, 2020.

Governing wage arrears with legal weapons

In addition, the regulations on guaranteeing the wages of migrant workers stipulate the legal liability for the behavior of arrears of wages, clarify the legal liabilities for arrears of wages of migrant workers, and pay the wages of migrant workers beyond 50% of the amount payable, or less than 100%, if the wage arrears of migrant workers are overdue.

For a long time, the problem of migrant workers' wages can not be paid, or the confusion between work and project funds is more prominent. In order to solve the problem of "no money" and "earmarked appropriation" for migrant workers' wages, the regulations stipulate that the general contractor should set up a bank account specially paid for the wages of migrant workers, and the construction unit will divestiture the labor cost from the project to ensure the labor. Fei Youxian allocated to prevent labor costs and material costs, management fees and other funds mixed or occupied.

Wang Zhenjiang, director of the three Legislative Council of the Ministry of justice, In accordance with the provisions of the regulations, the wage arrears of migrant workers in violation of regulations shall be ordered by the human resources and social security administrative department to pay within a prescribed time limit. If the payment is not paid, the compensation for the amount of more than 50% and less than 100% shall be paid to the laborer, and if the suspect constitutes a crime of refusing to pay labor remuneration, it shall be transferred to the judicial organ for criminal responsibility in a timely manner. At present, the wage payment in the field of engineering construction is prone to be withheld and deducted through the total package units, sub contractors and contractors. Therefore, the regulations reduce the wage payment link, require subcontracting enterprises to entrust the construction general contracting units to send wages to migrant workers, and the construction general contracting units directly send wages to migrant workers themselves through special accounts. Bank accounts to ensure that wages are sent to my own hands.

Wang Zhenjiang, director of the three Legislative Council of the Ministry of justice, The regulations stipulate that the general contractor fails to set up a special account for peasant workers' wages in accordance with the regulations, fails to deposit wage margin in accordance with the regulations or fails to provide guarantee for financial institutions. The general contractors and sub contractors have not implemented illegal activities such as the management of real name system of labor and employment, and stipulated that they should be ordered to make corrections within a prescribed time limit, and a fine of more than 50 thousand yuan and 100 thousand yuan shall be imposed. The penalties for stopping the project, reducing the qualification level or revoking the qualification certificate are stipulated.

The regulations stipulate that migrant workers who are defaulted on wages have the right to complain to the human resources social security or other relevant departments according to law, or apply for labor dispute mediation, arbitration and litigation in accordance with the law. At the same time, any unit or individual has the right to report to the relevant departments of human resources and social security or other relevant departments for the behavior of arrears of wages for migrant workers.

Financial comment: migrant workers wage protection! Two proposals, a mechanism

The CPC Central Committee and the State Council attach great importance to solving the problem of wage protection for migrant workers. Recently, a series of policies, regulations and measures have been adopted around this issue. The State Council stressed the goal of achieving no arrears of wages for migrant workers in 2020. The Supreme Court has demanded that the case of wage related to peasant workers be provided with a one-stop litigation service for migrant workers.

Arrears of wages for migrant workers have been a long-standing problem for many years. Although, by the end of the year, departments and local governments will take vigorous actions to help migrant workers solve their wage problems. But why is this problem going on all the year round? Is there any way to cure it?

I have done research on this situation. I find that most of the measures are "after the event". Can we draw lessons from the supervision system design of the real estate trading market and securities trading market, and establish a long-term solution mechanism? For example, the first thing is to put the wages of migrant workers in specialized supervision accounts, and not to misappropriate or default. Two, the construction units must establish a good faith deposit for the payment of wages for migrant workers.

The transformation from "after the event" to "pre supervision" and "whole process supervision" and the establishment of a long-term mechanism to protect the legitimate rights and interests of migrant workers can greatly reduce the risk of wage arrears for migrant workers, and also greatly reduce the cost of social management and stability.