These "sharp weapons" guard the "money bag" for you

　The rule of law means to treat "stubborn diseases"

　　From May 1, 2020, the "Regulations on Guaranteeing the Payment of Migrant Workers' Wages" came into effect.

　　"The formulation of the regulations is an institutionalized improvement of the successful experience in governance of arrears in recent years. It is an important manifestation and institutional guarantee of governance by law, and has opened a new stage of governance by law." Zhang Yiquan, deputy minister of the Ministry of Human Resources and Social Security, said.

　　The regulations stipulate that migrant workers have the right to receive wages in full and on time, and no unit or individual may default on wages to migrant workers.

　　Employers implement the real-name management system for migrant workers' labor employment, and stipulate in writing with the migrant workers recruited or stipulate the wage payment standard, payment time, payment method, etc. through the rules and regulations formulated in accordance with the law.

　　The wages of migrant workers shall be paid to the migrant workers themselves in the form of currency, through bank transfers or cash, and shall not be replaced by other forms such as physical objects or negotiable securities.

　　Organizations such as trade unions shall safeguard the rights of migrant workers to receive wages in accordance with their duties and in accordance with the law.

　　……

　　In the past, the relevant law enforcement basis for safeguarding the rights and interests of wages and remuneration was scattered in the Labor Law, the Labor Contract Law, the Regulations on Labor Security Supervision and other laws and regulations.

　　In the practice of law enforcement, it is generally reported in various places that the relevant laws and regulations are relatively principled, and the operation is not easy to grasp; in the field of engineering construction where the problem of wage arrears is frequent and high, because it often involves disputes over construction costs, according to the current laws and regulations, it is difficult to pay off The effective determination by the subject has affected the timely and effective resolution of the wage arrears to a certain extent.

　　The Regulations on Guaranteeing the Payment of Migrant Workers' Wages strengthens the pre-event, in-process and post-event supervision and builds a complete closed loop of policies.

Special action to promote implementation

　　The State Council Office of the Leading Group for Rectifying Wage Arrears for Migrant Workers recently issued the "Notice on Launching a Winter Special Action to Eliminate Unpaid Wages", and decided to organize a nationwide winter special campaign to eradicate unpaid wages from November 1, 2021 to before the Spring Festival in 2022.

　　The goal of the action is to protect the rights and interests of migrant workers in terms of labor remuneration in accordance with the law. All the problems of unpaid wages that have been verified must be settled before the Spring Festival in 2022, so that migrant workers who are owed wages can get their due wages and return to their hometowns in time to celebrate the New Year, so as to ensure that no unpaid wages will occur. Major mass incidents or vicious extreme incidents caused by wages.

　　The action focuses on enterprises in the engineering construction field and other industries that are prone to wage arrears, and implements centralized and special governance on wage arrears.

Including comprehensively speeding up the classification, verification and disposal of the “National Radical Underpayment Clues Reflection Platform” and other local channels for receiving reports and complaints of underpayment, and completing the case; comprehensively investigating the special account for wages in the field of engineering construction, the real-name system management, and the general contractor for salary payment. , salary deposit, rights protection information publicity and other systems, and urge enterprises to implement their main responsibilities; comprehensively check the approval management of projects under construction, the allocation of project funds (labor costs), and fund supervision, and resolve the risk of arrears at the source; comprehensively strengthen the illegality of wage arrears punishment, etc.

　　In addition, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council have recently issued the "Notice on Doing a Good Job During the New Year's Day and Spring Festival in 2022"; the Ministry of Human Resources and Social Security, the Ministry of Public Security, the Ministry of Civil Affairs, the Ministry of Communications, the National Health Commission, the National Rural The Promotion Bureau, the All-China Federation of Trade Unions, the National Railway Group and other departments jointly issued the "Notice on Launching the Service Action for "Spring Warming Migrant Workers" during the Spring Festival in 2022. The special winter campaign for arrears of wages has intensified efforts to control the wages of migrant workers in arrears.

　Margin to cover

　　In August 2021, the Ministry of Human Resources and Social Security, the Ministry of Housing and Urban-Rural Development, the Ministry of Communications, the Ministry of Water Resources, the China Banking and Insurance Regulatory Commission, the Railway Administration, and the Civil Aviation Administration formulated and issued the "Regulations on the Wage Guarantee of Migrant Workers in the Field of Engineering Construction", which will take effect on November 1, 2021.

　　What is payroll security?

Why is this provision made?

How to save this money?

How much do you save?

Return it?

　　The wage deposit refers to the special fund that is set up in the bank by the general construction contractor in the field of engineering construction and stored in accordance with a certain proportion of the contract value of the engineering construction, and is specially used to pay the owed wages of migrant workers who provide labor for the contracted projects.

　　Li Xinwang, director of the Labor Security Supervision Bureau of the Ministry of Human Resources and Social Security, pointed out that the wage guarantee is an important guarantee measure to solve the problem of wage arrears in the field of engineering construction.

In recent years, various localities have successively established wage guarantee systems, which have played a good role in curbing wage arrears.

However, due to the lack of unified regulations, there are great differences in storage subjects, storage proportions, and storage forms in different places, making it difficult for enterprises to adapt in actual operation, and some have been increased by layers of capital pressure.

In order to provide a fair and unified market supervision environment, the Ministry of Human Resources and Social Security, together with the Ministry of Housing and Urban-Rural Development and the Ministry of Communications, has formulated this regulation.

　　规定要求，工资保证金按工程施工合同额(或年度合同额)的一定比例存储，原则上不低于1%，不超过3%。对施工合同额低于300万元的工程，且施工总承包单位在签合同前一年内承建的工程未发生工资拖欠的，由各地区结合实际，确定相应的工程免于存储工资保证金。

　　一旦发生工资拖欠，可按照规定，由银行从工资保证金账户中将相应数额的款项直接支付给被欠薪农民工。

　　失信要被惩戒

　　2021年11月，人社部公布《拖欠农民工工资失信联合惩戒对象名单管理暂行办法》，自2022年1月1日起施行。

　　新的办法将以往的规范性文件升格为部门规章，进一步健全完善相关规定，细化实化操作规程，确保欠薪失信管理工作在法治轨道内运行，适应新发展阶段需要。

　　人社部劳动保障监察局副局长刘建国指出，办法让失信者“一处违法、处处受限”，督促用人单位遵守法律规定，推动在全社会形成诚信有序、良性发展的用工环境。

　　办法共20条，规定了适用范围、职责分工、列入条件、列入期限、惩戒措施、信用修复和工作程序，为开展欠薪失信惩戒名单管理、实施失信约束提供了法律依据。

　　办法规定，用人单位拖欠农民工工资，具有下列情形之一，经人力资源社会保障行政部门依法责令限期支付工资，逾期未支付的，人力资源社会保障行政部门应当作出列入决定，将该用人单位及其法定代表人或者主要负责人、直接负责的主管人员和其他直接责任人员(以下简称当事人)列入失信联合惩戒名单：一是克扣、无故拖欠农民工工资达到认定拒不支付劳动报酬罪数额标准的；二是因拖欠农民工工资违法行为引发群体性事件、极端事件造成严重不良社会影响的。

　　对失信者，在政府资金支持、政府采购、招投标、融资贷款、市场准入、税收优惠、评优评先、交通出行等方面依法依规予以限制。

　　(整理：程莉莉)