Govern migrant workers' wage arrears and move towards a radical cure

  Our reporter Ao Rong and Liang Rui

  Since the nationwide special winter campaign to eradicate migrant workers' wages in November this year, Beijing, Anhui, Jiangxi and many other places have set the eradication of wages arrears as a policy goal in their corresponding work plans.

From the “clearing of debts” in the past few years to the “radical cure” of today, the long-term governance mechanism is gradually being developed from the point-to-point remediation measures to tackle the stubborn social ailment of migrant workers’ wages.

  Clear focus and timely disposal

  All will be completed before the Spring Festival of 2022-The Office of the State Council Leading Group for the Elimination of Unpaid Wages for Migrant Workers has put forward clear requirements for the special winter action for wage arrears this winter and next spring, focusing on the engineering construction field and other industries that are prone to wage arrears in the country. Scope Implementation of centralized and special management of the problem of wage arrears to ensure that migrant workers receive their wages and return to their hometowns for the New Year in a timely manner.

  Everywhere has responded.

At present, Beijing, Tianjin, Guangdong, Hebei, Jiangxi, Inner Mongolia and many other places have put forward specific work plans with the goal of eradicating wage arrears.

  For the engineering and construction fields and labor-intensive processing and manufacturing industries that employ more migrant workers, Guangdong focuses on inspecting the wage payment of migrant workers and the implementation of the wage payment security system, smoothing channels for migrant workers to report and complain, and strictly investigate and deal with cases of wage arrears for migrant workers in accordance with the law , List and supervise the handling of major typical cases of arrears of wages, so that the problems will not be written off if the problems are not resolved.

  Hebei comprehensively regulates the market order in the field of engineering construction, intensifies the crackdown on illegal contracting, subcontracting, illegal subcontracting, and affiliation of engineering construction projects, and rectifying the problem of salary arrears caused by arrears in construction payments in accordance with the law; comprehensively inspecting the construction in progress Project approval management, engineering funds (labor costs) appropriation, fund supervision and other situations, to resolve the risk of salary arrears from the source.

  "I didn't expect that the problem that had troubled me for more than a month was solved within 9 days after submitting the arbitration application." said Qian, a migrant worker in Qicun Town, Shahe City, Hebei Province.

It is understood that Qian had a misunderstanding with the employer during the resignation process, and the salary of nearly 3,000 yuan in the last month has not been received for a long time.

Qian had communicated and negotiated with the person in charge of the unit for more than a month through relatives, friends, and former colleagues, but it was still invalid. He reluctantly applied for arbitration to the Shahe Municipal Bureau of Human Resources and Social Security.

Thanks to the efforts of the staff of the Arbitration Court of the Human Resources and Social Security Bureau, Qian successfully got his salary back.

  "Package" governance takes multiple measures at the same time

  Since the beginning of this year, the pace of eradicating wage arrears has been significantly accelerated. The Interim Measures for the Management of Special Accounts for Migrant Workers’ Wages in the Engineering Construction Field, the Provisions on the Wage Bonds for Migrant Workers in the Engineering Construction Field, and the Interim Measures for the Management of the List of Untrustworthy Joint Punishment Objects for Migrant Workers in Wages in arrears, etc. The successive establishment of a series of rules and regulations has realized the whole-process "package" governance from pre-prevention, monitoring during the incident, and disposal after the incident, so that migrant workers will less worry about arrears at the end of the year.

  "Just three days after the complaint, we coordinated the special account for migrant workers and got the wages of 235,200 yuan in arrears for more than 40 people." Wang Jinhua, the leader of a steel bar team for a real estate in Suichuan County, Jiangxi Province, said gratefully.

Since the beginning of the winter operation, Suichuan County Human Resources and Social Security, Letters and Calls, Housing Construction and other departments have formed a joint meeting mechanism to strictly implement relevant policies.

At present, construction general contractors have opened 35 special accounts for migrant workers within 30 days from the date of signing the construction contract, with an opening rate of 100%, and issued migrant workers’ wages of 70 million yuan through the special account.

  This year, Shandong has adopted various methods such as self-inspection of market entities, key inspections of industry projects with outstanding problems, and joint centralized training and guidance interviews to strengthen early warning monitoring and smart supervision of wages.

Relying on the Shandong Provincial Migrant Workers' Wage Payment Supervision Platform, we will focus on investigating the implementation of the wage payment security system, and promote the implementation of various systems such as wage deposits, special accounts for migrant workers' wages, and real-name management.

  While preventing and disposing as soon as possible, the effective operation of the law enforcement mechanism of relevant departments' supervision and joint punishment has also played a deterrent effect.

Recently, the Ministry of Human Resources and Social Security released the third batch of “blacklists” of wage arrears for migrant workers in 2021, and 15 companies including Anhui Berlin Construction Labor Service Co., Ltd. and Henan Zhicheng Construction Labor Subcontracting Co., Ltd. were notified.

As of now, 65 companies have been on the "blacklist of wages in arrears" due to arrears of migrant workers' wages this year.

  What is the impact on employers after being on the blacklist?

According to the “Interim Measures for the Management of the List of Untrustworthy Joint Punishment Targets for Migrant Workers in Wages in arrears”, relevant employers will receive financial support from the government, government procurement, bidding, financing, loans, market access, and Restrictions on tax incentives, evaluation and prioritization, and transportation.

  The relevant person in charge of the Ministry of Human Resources and Social Security stated that this measure can serve as a warning, deterrent and punishment for serious illegal and untrustworthy behaviors, thereby realizing comprehensive management of all links in the entire chain, and is conducive to the formation of a scientific, reasonable and effective arrears management system. Consolidate the foundation of the governance system for protecting the rights and interests of migrant workers.

This "hard core" initiative will be implemented on January 1, 2022.

  Accurate policy implementation and focus on practical results

  Anhui “newed” the Anhui labor arbitration information system this year. Through 100% case entry, dynamic recording of data and statistical analysis, we can grasp the overall situation of labor relations in the region, and focus on monitoring key nodes of cases to ensure that cases are completed within legal trial limits. , Implemented zero error and zero time-out.

It is precisely the use of digital means to control the persistent problems of migrant workers in wage arrears. The Labor Supervision Department of Yi'an District Human Resources and Social Security Bureau in Tongling City directly handled 74 complaints, involving 230 workers, and paid more than 1.7 million yuan for migrant workers in a timely manner.

  In fact, from a national perspective, not only has the management of wage arrears cases gradually realized full-process informatization monitoring, but the staff of policy-making departments and law enforcement agencies have also experienced each process link as ordinary workers by "walking through the process". In order to check for omissions and make up for vacancies, a good recipe can be given for the eradication of underpaid wages.

  This is the highlight of the three-year construction of the national human society system.

Many provinces start from "I do practical things for the people", and through the form of "hands-on" and "accompanied office", they can experience firsthand whether the relevant work process is smooth, whether the system is in place, whether the policy is grounded, whether the service is convenient for the people, and whether the publicity is in place .

For example, the relevant personnel of the Labor Security Supervision Bureau of the Ministry of Human Resources and Social Security went to the site of a project in Pudong, Shanghai to listen to the project leader's suggestions on clarifying the scope of application of the wage bond, implementing differentiated storage, and optimizing the supervision model.

  After research, the relevant opinions were absorbed by the "Regulations on the Wage Deposit for Migrant Workers in the Engineering Construction Field" jointly issued by the seven departments. Especially in the refund of the deposit, which is highly concerned by enterprises, the threshold for "application for refund" has been lowered, and the "active withdrawal" has been strengthened. Obligation to avoid the “sleeping” of large amounts of funds.