The real-name system for employment management and special accounts for migrant workers' wages have been fully implemented, but the "contracted labor system" still exists in a disguised form in some areas—

　　Why is the incident of wage arrears seen as "contractor" again?

　　Our reporter Kang Jin

　　"Worker's Daily" (Edition 01 on January 9, 2022)

　　A recent incident of migrant workers asking for wages in Lanzhou City, Gansu Province aroused public attention.

　　The off-site construction project department of Lanzhou Stomatological Hospital, which is in charge of China Construction Eighth Engineering Bureau Co., Ltd., was complained by Bao Kefeng and other 6 migrant workers, demanding nearly 200,000 yuan in back wages.

　　The "Workers Daily" reporter learned that the cause of this incident was related to the "contractor".

The project department subcontracted some woodworking works to Sichuan Shenghejin Construction Engineering Co., Ltd., and Sichuan Shenghejin Construction Engineering Co., Ltd. signed a labor service agreement with the "contractor" Zhang Bingbing, who immediately called Bao Kefeng. Waiting for 6 migrant workers to do "point work".

From June 2021, six migrant workers have been owed wages one after another, and asked Zhang Bingbing for many times, and Zhang Bingbing asked the migrant workers to go to the labor service company and the project department to ask for it.

At the end of 2021, Zhang Bingbing suddenly "disappeared"...

　　After the incident, the relevant departments found out that the engineering accounts between the "head contractor" Zhang Bingbing and the labor service company, Sichuan Shenghejin Construction Engineering Co., Ltd., had not been liquidated, nor had the project quantity been checked in time, nor were they reported to the general contractor, China. The project department of the Eighth Construction Engineering Bureau Co., Ltd. submitted a salary certificate, resulting in arrears of wages for migrant workers.

　　At present, the project department has completed the project accounting with the labor service company, Bao Kefeng and other 6 migrant workers have signed the payslip, and the arrears of wages have also been remitted to the migrant workers' personal accounts.

　　The strange thing about this matter is that it has been two years since the "Regulations on Guaranteeing the Payment of Migrant Workers' Wages" were promulgated, and the systems such as the wage deposit for migrant workers, the real-name employment management and the special account for migrant workers' wages have been fully implemented. "Arrears of wages for migrant workers?

　　Repeatedly "offending"

　　According to the reporter's understanding, the recent incident of migrant workers' salary demands in Lanzhou is not an isolated case. Similar incidents have also occurred in other places recently.

Although these arrears were eventually properly resolved, there are still many issues worth considering.

　　In order to standardize the wage payment behavior of migrant workers and ensure that migrant workers receive wages in full and on time, the State Council promulgated the Regulations on Guaranteeing Wage Payments for Migrant Workers on December 30, 2019, and the regulations will come into force on May 1, 2020.

　　The Regulations have been established in the form of legislation after improving the safeguard measures for regulating labor and wage payment in the construction field over the years.

Special provisions are made specifically for the issue of wage arrears in the field of engineering construction, and through the implementation of special account management for migrant workers' wages, real-name management, wage payment by general contractors, and wage guarantee systems, the entire chain of wage arrears is managed.

　　The regulation is considered to be a "legal weapon" to govern the wage arrears of migrant workers.

However, judging from the implementation situation, there are still loopholes in ensuring the payment of migrant workers' wages, and the backward employment model of the "contracted labor system" is still "offending" repeatedly.

　　Taking the salary demand incident in Lanzhou as an example, relevant persons pointed out that on the surface, the project department of China Construction Eighth Engineering Bureau Co., Ltd. is the construction contractor, and Sichuan Shenghejin Construction Engineering Co., Ltd. is the labor subcontractor. , the labor subcontractor subcontracted part of the woodworking tasks to the "foreman" Zhang Bingbing, there is no loophole.

However, if there is a disagreement between the project quality and account settlement of the month, the contractor and the labor subcontractor will have arrears in the accounts, and in the end, the migrant workers will not be able to get wages and suffer losses.

　　The "contracting system" exists secretly in disguise

　　As early as 2005, the former Ministry of Construction proposed to gradually abolish "contractors" in the construction field within three years, and that migrant workers should be directly absorbed by labor service enterprises with legal personality or other labor enterprises, so as to solve the problem of wage arrears to migrant workers from the root cause.

　　In 2019, the Ministry of Housing and Urban-Rural Development and the Ministry of Human Resources and Social Security jointly issued the "Administrative Measures for the Real-Name System for Construction Workers (Trial)".

After the promulgation of the "Regulations on Guaranteeing the Payment of Migrant Workers' Wages", the Ministry of Housing and Urban-Rural Development required that starting from January 1, 2020, buildings that have not been registered on the National Construction Worker Management Service Information Platform and have not undergone basic vocational skills training Migrant workers are not allowed to enter the construction site, and construction companies are not allowed to engage them in activities related to construction operations.

　　These measures mean that the traditional "contractor" who used labor at will and managed chaotically in the past has withdrawn from the "stage".

　　However, the reporter found in the interview that "contractor" and "contractor system" are still widespread in construction sites in disguised and secret ways.

　　Taking the case of wage demands in Lanzhou as an example, Bao Kefeng and other 6 migrant workers followed Zhang Bingbing to do "special work" at the project site.

The so-called "contract work" means one day's work and one day's work. Bao Kefeng and other six migrant workers earn 350 yuan per day. The so-called "worry fee" of 40 yuan.

Six migrant workers, including Sichuan Shenghejin Construction Engineering Co., Ltd. and Bao Kefeng, who subcontracted the project, also recognized Zhang Bingbing's identity as a "contractor", but appeared at the project site in the name of "team leader".

　　Different from the traditional "contractor" who receives wages and then sends them to migrant workers, the current wages are directly sent to the bank cards of migrant workers by the construction party. Zhang Bingbing, the "contractor", is responsible for supervising the quality and progress of the project. , and calculate with the subcontractor and the contracting party.

　　delicate relationship

　　In the impression of many people, migrant workers and construction workers belong to construction companies, but the current situation is that there is a delicate relationship between construction companies and migrant workers and construction workers.

　　In name, many construction companies and migrant workers do not sign labor contracts and have no formal labor relations, thus evading legal responsibilities.

The construction company and the labor service company signed a construction contract, and the labor service company recruited migrant workers and construction workers to complete the construction tasks.

It stands to reason that labor service companies should have clear labor relations with migrant workers and construction workers, but in fact, many labor service companies do not sign labor contracts with migrant workers and construction workers. Sometimes they only sign a "labor service agreement", or even what They don't sign, only "oral agreement" to recruit migrant workers and construction workers through "contractors", and these migrant workers and construction workers pay in the form of "point labor".

　　From this, there is a phenomenon that there are no migrant workers and construction workers in construction companies, but migrant workers and construction workers work and serve for construction companies.

At the same time, there is no labor relationship between migrant workers, construction workers and labor service companies, except for the forms filled out for the real-name system.

In this way, when there is a disagreement between the quality of the project and the settlement of accounts, it is very easy to cause arrears of wages to migrant workers.

　　Relevant people pointed out that every year at the end of the year, special campaigns on migrant workers' wages will be carried out in various places, and great achievements have been made in controlling arrears of project funds and ensuring migrant workers' wages, but the problem has not been completely eliminated.

There is a view that a modern enterprise company should not only have a sound legal person system, a limited liability system for investors, a scientific leadership system and organizational management system, but also a sound human resources management system and establish clear and clear labor relations.