The new regulations will be implemented on November 1 to help resolve the problem of wage arrears in the construction sector-


  the wage bond system for migrant workers has become more complete.


   Our reporter Ao Rong

  □ The wage bond system must not only protect the basic rights and interests of migrant workers, but also reduce the burden on enterprises, reduce the occupation of corporate liquidity, and moreover, straighten out the management system and form a unified national standard.

  □ The new regulations uniformly require that the margin deposit ratio is in principle no less than 1% and no more than 3%.

In addition, the main body of deposit storage is the general contractor of construction, and no other main bodies need to store it again.

  Affected by the new crown pneumonia epidemic and the uncertainty of the external environment, the hidden dangers of wage arrears in some industries have emerged recently, and the upstream arrears of real estate development projects in some areas may increase the risk of downstream wage arrears.

How to prevent the occurrence of wage arrears for migrant workers?

The "Regulations on the Wage Guarantee Fund for Migrant Workers in the Engineering Construction Field", which came into effect on November 1, has become an important guarantee measure for solving the problem of wage arrears in the construction field.

  Wage guarantee deposit refers to the special funds for the construction of general contractors in the field of engineering construction to set up an account in the bank and store it according to a certain percentage of the project construction contract amount, which is specially used to pay the migrant workers who provide labor for the contracted project.

Since 2016, China has fully implemented the wage bond system in the field of engineering construction, and the system has been established and implemented in various places with good results.

However, due to the lack of unified regulations at the national level, there are differences in account opening, storage entities, proportions, and forms in various regions, making it difficult for companies to comply with in actual operations, and some have been overweighted and increased financial pressure.

The establishment of a security deposit system must not only safeguard the basic rights and interests of migrant workers, but also reduce the burden on enterprises, reduce the occupation of enterprise liquidity, and moreover, straighten out the management system and form a unified national standard.

  How does the general construction contractor store the wage bond?

In the past, some places required the proportion of funds to be stored up to 5% or even higher.

The new "Regulations" uniformly require that this ratio is in principle not less than 1% and not more than 3%.

In response to the problem that some localities require construction units, general construction contractors, subcontractors, and labor subcontractors to store wage deposits, the "Regulations" clarify that the deposit of wage deposits is the construction general contracting unit, and other entities do not need to store it again. .

At the same time, the wage bond can be replaced by a bank guarantee issued by a banking financial institution, and regions with conditions can also explore the introduction of engineering guarantee company letter of guarantee or engineering guarantee insurance.

  The deposit ratio of the wage deposit also reflects the merits of rewards and punishments.

The "Regulations" clarified the differentiated storage rules. For companies that have not experienced salary arrears for two consecutive years, the proportion of new project storage will be reduced by 50%; storage without arrears for three years will be exempted.

Correspondingly, the storage ratio of companies that had wage arrears in the previous two years increased by more than 50%; being included in the "blacklist" of wage arrears increased by more than 100%.

  Li Xinwang, director of the Labor Security Supervision Bureau of the Ministry of Human Resources and Social Security, said that the regulation of the storage ratio is to encourage law-abiding companies and punish untrustworthy entities.

In addition, for projects with a construction contract value of less than 3 million yuan, and the construction of the general contractor of the project did not have wages in arrears in the project within one year before signing the construction contract, each region may, in light of actual conditions, exempt the project from depositing wage deposits.

  Whether the wage bond can be returned to the original path is a concern of many companies.

In the past, many places required companies to store wage deposits in special financial accounts established by local regulatory authorities.

Practice has proved that this model not only occupies corporate liquidity, but also prone to account violation risks.

For this reason, in the future, the general construction contractor will independently select the handling bank and handle the deposit of the wage deposit in its own bank account, and make it clear that the principal and interest belong to the enterprise, and the enterprise can freely withdraw and use interest at any time.

When the project is completed, the supervisory authority receives the return application from the enterprise, and after 5 days of reviewing no wages in arrears and 3 days of bank confirmation, the account supervision will be lifted immediately, and the funds will be freely controlled by the enterprise.

At the same time, the Ministry of Human Resources and Social Security has also established an inventory mechanism to address the issue of individual companies forgetting to apply for return in the past to ensure that the return of funds is timely and in place.

  In the event of wage arrears, how to use the wage bond?

According to the "Regulations", when arrears of wages occur, the human resources and social security department shall make an administrative decision in accordance with the law to order the payment within a time limit or first.

If the general construction contractor refuses to perform the contract when it expires, the local human resources and social department may issue a "Migrant Workers' Wage Deposit Payment Notice" to the bank, and the bank will directly pay the corresponding amount of money from the wage deposit account to the owed migrant workers.

  Li Xinwang introduced: "After using the wage bond, the general contractor of construction needs to make up the wage bond or issue a new bank guarantee. If the wage bond is not stored and supplemented in accordance with the "Regulations," the human resources and social departments and the relevant industry engineering construction departments shall follow Responsibilities order corrections within a time limit; those who fail to make corrections within the time limit shall order the project to suspend construction and impose a fine; if the circumstances are serious, the construction unit shall be given punishments such as restricting the construction of new projects, lowering the qualification level, and revoking the qualification certificate."