Since the launch of the "Special Winter Campaign to Eliminate Unpaid Wages", more than 320,000 migrant workers have received wages——
The situation of high wages and frequent occurrences has been significantly curbed
The approaching Spring Festival is the peak settlement of migrant workers' wages, and it is also a period of frequent and high wage settlement disputes.
From November 2020 to before the Spring Festival in 2021, the "Special Winter Campaign to eradicate underpaid wages" was carried out nationwide.
How effective is the current action?
What is the current difficulty in asking for salary?
What measures will be taken next?
The journalist made an interview about this.
Both the number of people and the amount involved are reduced
At the end of 2020, Liu and dozens of migrant workers came to the People's Court of Suichuan County, Jiangxi Province with a silk banner, and successfully received more than 2 million hard-earned money.
In January 2017, a local food and beverage company was on the verge of bankruptcy due to poor management. 75 migrant workers successively applied for labor arbitration, appealing for payment of arrears of wages, social insurance and economic compensation.
However, after the court ruling took effect, the company’s legal person refused to perform. In desperation, Liu and others applied to the court for enforcement.
"The company is close to bankruptcy and the headquarters is in a different place. I originally didn't hope to get the salary back. I didn't expect that after revitalizing the company's idle assets, I finally recovered the due salary." Liu and others said with sincere emotion.
Since 2020, the Ministry of Human Resources and Social Security has steadily promoted the eradication of wage arrears, continued to strengthen labor security supervision and law enforcement, actively promoted the "Internet + mediation" service platform, and launched pilot trials of online arbitration trial platform construction in 11 provinces.
According to statistics, in 2020, the labor security supervision agencies of the human resources and social departments handled 55,000 wage cases and paid 6.52 billion yuan to 648,000 workers. The number of people and the amount involved were "double-decreased", down 22% year-on-year. , 18%.
911 companies have been included in the "blacklist" of unpaid wages.
In order to ensure that migrant workers receive their wages in full before the Spring Festival, from November 6, 2020 to before the Spring Festival in 2021, the nationwide organization will carry out the "Winter Special Action to Eliminate Unpaid Wages."
The reporter combed and found that recently, Beijing issued an opinion to focus on solving the problem of “no money to pay, to whom, and how to pay” the wages of migrant workers in the engineering construction field; Yunnan Province employs more migrant workers in engineering construction and labor. Focus on intensive processing and manufacturing and industries that are severely affected by the epidemic, and comprehensively investigate and resolve the hidden dangers of wage arrears; Henan has made it clear that it is difficult for companies to pay back wages for a while, and it must simplify the procedures for using wage deposits and emergency working capital to advance the wages of migrant workers in a timely manner Or basic living expenses.
"In recent years, through continuous heavy strikes, especially with the implementation of the "Regulations on Guaranteeing the Payment of Migrant Workers' Wages" and the gradual implementation of various security systems, the trend of high and frequent occurrences of wage arrears has been significantly curbed. Relevant illegal enterprises and responsible persons are punished accordingly.” Li Xinwang, director of the Labor Security Supervision Bureau of the Ministry of Human Resources and Social Security, revealed that since the launch of the special operation, as of January 15, 2021, all localities have handled wage arrears cases. There were 31,629 cases, and 3.332 billion yuan was paid to 326,200 migrant workers.
Prominent problems in the field of engineering construction
Despite the obvious effect of owing arrears, the problem of wage arrears of migrant workers has not yet been fundamentally solved.
Among them, the field of engineering construction is still "the hardest hit area."
According to the special action phased law enforcement data of the Ministry of Human Resources and Social Security, as of January 15, 2021, 303,000 laborers and 3.635 billion yuan were involved in the verification of wage arrears in the engineering construction field, accounting for the total number and amount of wage arrears verified. 70% and 78%.
Judging from the data on the investigation and handling of wage arrears cases by the Ministry of Human Resources and Social Security in the past five years, the amount and number of wage arrears cases in the construction sector (especially the construction industry) in the country accounted for about half, and even exceeded 80% at the end of the year.
The reporter noticed that the “special winter campaign to eradicate unpaid wages” is currently under way, and the manufacturing industries that employ more migrant workers and the service industries that are heavily affected by the epidemic are also the focus of law enforcement inspections.
"From a national perspective, the overall wage problem of manufacturing and service industries is less than that of the construction industry; but by region, in the east, especially the coastal areas, the proportion of wage arrears in the manufacturing and service industries has exceeded that of the construction industry. The trend is relatively prominent in provinces such as Shanghai, Jiangsu, Zhejiang, and Guangdong.” Li Xinwang said.
In the view of Liu Junsheng, a researcher at the Chinese Academy of Labor and Social Security Sciences, an important reason for migrant workers’ wages in arrears in practice is the irregular payment of migrant workers’ wages.
It is mainly reflected in: the construction unit usually only pays the basic living expenses, and pays most of the wages to the migrant workers when the project is over or the year-end calculation; the employer pays the migrant workers the wages and neither prepares the wage ledger nor provides the wage list; some units The wages of migrant workers are impounded in disguise on the grounds of keeping their wages.
Take engineering projects as an example. At present, illegal construction problems such as subcontracting, illegal subcontracting, and unapproved construction are still more prominent, forming a long chain of interests in operation, and large and small "contractors" actually undertake construction Whether it can pay the wages on time and in full depends entirely on whether the upstream can allocate the project funds in time. Once the capital chain has problems, it will directly affect the wage rights and interests of migrant workers at the end.
Historical stock cases need to be resolved
What are the key issues that need to be solved to eradicate wages
Li Xinwang said that in recent years, some new problems have emerged in the management of arrears of wages. For example, a large number of the problems of arrears of wages are unresolved historical cases of arrears, which have not been effectively resolved after many years.
Among the clues reflected in the column of the Ministry of Human Resources and Social Security "When the eradication of wages is in progress", about 65% occurred before 2018.
These problems of wage arrears generally span a long time span, and some construction enterprises and construction units involved in the case no longer exist, and it is very difficult for labor security supervision agencies to verify clearly.
In addition, it is more common for workers to win the "lawsuit" and get no money.
"Workers have already obtained arbitration awards or court judgments, but they have no results in the execution process due to various reasons. This is a problem of'difficulty in execution' at the end of the judiciary and has become a practical problem facing the eradication of unpaid work, especially before the Spring Festival. ." Li Xinwang said.
The reporter noticed that although relevant regulations provide for the implementation of a wage bond system for migrant workers in the field of engineering construction, this kind of security system in other industries is still blank.
It is understood that at present, only Shanghai, Shenzhen and other places have established mutual aid payment protection systems.
However, in many areas, in the case of business difficulties, bankruptcies, business owners' escape, etc., it is difficult for workers' compensation rights to be guaranteed.
Wang Xianyong, a professor at China University of Political Science and Law, believes that an efficient and strict law enforcement mechanism is a powerful way to ensure the implementation of various systems.
Human Resources and Social Security Departments and related industry engineering construction departments shall, in accordance with their respective responsibilities, promptly strengthen the supervision and inspection of labor contract signing, salary payment, real-name management, special salary accounts, general contracting, salary deposits, and rights protection information disclosure. , Continuously increase dynamic supervision.
At the same time, it is necessary to strengthen prevention in all directions, establish a monitoring and early warning platform for migrant workers' wages, and realize information sharing between government departments.
Li Xinwang said that the Ministry of Human Resources and Social Security will take effective measures to clear the arrears, especially the "Special Winter Action for the Elimination of Unpaid Wages", and take extraordinary measures before the Spring Festival to increase the work of clearing arrears and realize the arrears. A batch of problems were resolved by centralized interviews, a batch of supervision and law enforcement investigations, a batch of mediation and arbitration resolution, a batch of judicial linkage implementation, and a batch of emergency funds guaranteed to ensure that more migrant workers get paid before the Spring Festival and celebrate the New Year with peace of mind.
(Reporter Han Bingzhi)