The special winter campaign to eradicate arrears of wages was launched, and the “two clears” were implemented for the verification of wage arrears——
Strive to ensure that migrant workers receive their salaries on time and in full
Han Bingzhi, reporter of Economic Daily and China Economic Net
□ Regarding the verified violations of wage arrears, all regions must "clear the two", that is, the cases of government-invested engineering projects, state-owned enterprise projects, and various government-social capital cooperation projects that occurred in 2020 in arrears of migrant workers' wages by the end of 2020 All cases are cleared, and other cases of wage arrears will be dynamically cleared before the Spring Festival in 2021.
□ The reporter combed and found that Jiangsu, Henan, Liaoning and many other places have recently issued documents to deploy and organize special winter operations to eradicate underpaid wages.
At the end of the year, whether migrant workers can successfully receive their salaries and return home for the holidays is a matter of concern.
A few days ago, the Office of the Leading Group for the Elimination of Unpaid Migrant Workers’ Wages by the State Council issued the "Notice on Launching Special Winter Actions for the Elimination of Unpaid Wages" (hereinafter referred to as the "Notice"), and decided to organize a national organization from November 6, 2020 to 2021 before the Spring Festival. Carry out a special winter campaign to eradicate underpaid wages.
The "Notice" requires that all regions must clear the wages of migrant workers in cases of government-invested engineering projects, state-owned enterprise projects, and various government-social capital cooperation projects that have been verified against illegal wage arrears. All cases will be cleared before the end of 2020, and other cases of wages will be cleared dynamically before the Spring Festival in 2021.
The reporter combed and found that in order to ensure that migrant workers get their wages on time and in full, recently Jiangsu, Henan, Liaoning and other places have successively issued documents to deploy and organize special winter operations to eradicate underpaid wages.
The current labor relations are generally harmonious and stable
It is understood that this special action is based on the implementation of the "Regulations on Guaranteeing the Payment of Migrant Workers", focusing on engineering construction fields that employ more migrant workers, labor-intensive processing and manufacturing, and industries that are severely affected by the new crown pneumonia epidemic. Conduct centralized inspections on the wage payment status of migrant workers at the end of the year and the implementation of the wage payment security system.
The "Notice" clarified that all regions must implement the responsibility system of "whoever enforces the law, popularize the law", and vigorously publicize the "Regulations on Guaranteeing the Payment of Migrant Workers' Wages" and related laws and regulations through case interpretation and other forms to increase the payment of migrant workers' wages in accordance with the law. Consciousness.
Wen Xiaoyi, Dean of the School of Labor Relations and Human Resources of the China Institute of Labor Relations, believes that stable employment requires companies to lay off as little or no layoffs as possible, and it also requires the government to provide real support to companies.
Therefore, it is necessary to establish the principle of helping each other in the same boat and sharing the loss to prevent the vicious circle of "government let enterprises take risks, enterprises transfer risks to workers, and workers express risks to society".
In the first three quarters of this year, the Ministry of Human Resources and Social Security announced to the public 1,167 major violations of wage arrears and included 587 pieces of information on the "blacklist" of wage arrears for migrant workers.
At the same time, by strengthening labor security supervision, the Ministry of Human Resources and Social Security, in conjunction with relevant departments, carried out a special law enforcement action to clean up and rectify the order of the human resources market, mobilizing 119,000 law enforcement personnel and inspecting 122,000 various employers.
"In the first three quarters of this year, labor relations have generally remained harmonious and stable." Lu Aihong, a spokesperson for the Ministry of Human Resources and Social Security, recently stated that the Ministry of Human Resources and Social Security will formulate regulations for vehicle registration, bank account, and real estate registration inquiries, and improve the "Regulations on Guaranteeing the Payment of Migrant Workers" 》Supporting measures have been actively promoted to eradicate unpaid wages.
Improve the overall work level of eradicating back wages
The reporter learned from the local Human Resources and Social Security system that in order to do a good job in eradicating wage arrears before New Year's Day and the Spring Festival, many places across the country have taken actions to eradicate wage arrears.
Recently, Ningxia has carried out mutual inspections and unannounced visits to ensure the payment of migrant workers’ wages in various cities and counties (districts) in 2020, focusing on the implementation of the "Regulations on Guaranteeing the Payment of Migrant Workers’ Wages" for construction projects in various regions, especially real-name management and wages. System conditions such as special accounts and general contracting agents to improve the overall work level of radically eliminating wages.
The relevant departments of Liaoning decided to organize a special winter campaign to eradicate underpaid wages in 2020 from November 11 to 2021 before the Spring Festival, focusing on engineering construction fields and labor-intensive processing and manufacturing that employ more migrant workers. And industries that are severely affected by the epidemic, such as townships, village-level roads, poverty alleviation housing, school renovation, water and electricity pipe networks, lighting projects, etc., enterprises that have experienced wage arrears and other companies that have hidden dangers of owing wages to migrant workers implement centralized investigations And remediation.
Regarding the problem of wage arrears and the cases of wage arrears found in the investigation, immediate registration, immediate filing and immediate handling.
Henan made it clear that from December 1 this year to the Spring Festival of 2021, it will be the law enforcement inspection stage for the special winter campaign to eradicate underpaid wages.
Leading groups for the eradication of wage arrears of migrant workers at all levels must strengthen overall coordination, appoint law enforcement personnel, carry out joint law enforcement, list and supervise major and typical cases of wage arrears, establish and improve work accounts, and grasp the enterprises that owe wages, the number of wage arrears, and wages in a timely manner The amount of money, and resolutely ensure that the problem of salary arrears is not solved and not written off.
In order to further smooth the channels for workers’ complaints and reports, the Ministry of Human Resources and Social Security has established a column on the Ministry’s portal website to "eradicating wage arrears" and announced the ways in which all prefecture-level city labor security supervision agencies accept complaints and reports, and guide local governments to open WeChat and Weibo Wait for new complaints and reporting methods to ensure that there are channels for migrant workers to complain.
Open up labor dispute mediation and arbitration channels
A few days ago, the country has issued a notice on the tripartite coordination of labor relations, deploying and implementing a three-year action plan to enhance the ability of labor relations to "harmonious peers", clarifying the implementation of the "Harmonious Labor Relations Ten Million Plan" nationwide from September 2020 to September 2023. The “Key Enterprise Employment Guidance Plan” and the “Enterprise Remuneration Guidance Plan” aim to improve and perfect the guidance and services for enterprise labor employment and wage distribution, and enhance the public service capabilities of labor relations and the effectiveness of grassroots mediation and arbitration.
"In the first three quarters of this year, the mediation and arbitration of labor and personnel disputes have been carried out in a solid manner. The Ministry of Human Resources and Social Security has formulated guidelines for the application of laws and policies to guide localities to speed up the handling of epidemic-related disputes in accordance with the law, and continue to promote the use of the'Internet + mediation' service platform." Lu Aihong said.
The reporter learned from the local human resources and social security system that some areas have promoted the construction of an expedited court for disputes over migrant workers' wages in arrears to protect the "salary" of migrant workers.
For example, Jinan City, Shandong Province implements priority treatment throughout the entire process of disputes over wages arrears to migrant workers. According to the nature and complexity of the case, the period of evidence collection is determined flexibly, and the arbitration documents are delivered by simple methods such as phone calls, text messages, and e-mails, and the trial process is quickly entered. .
In September of this year, after Gong Mou, a migrant worker from Huantai, Shandong, finished working at a construction site, his boss refused to pay wages for various reasons, and even played "disappearance".
Gong’s mother is suffering from a serious illness and urgently needs treatment. The family is already in difficulties, and the lack of wages is undoubtedly worse.
After learning about Gong’s situation, the staff of the expedited tribunal immediately initiated the simplified arbitration procedure, quickly identified and coordinated the installation company and the contractor to the scene to deal with it. The three parties reached an agreement, and Gong was paid on the same day.
“Failure to pay migrant workers’ wages in time often affects the most basic living needs of a family. The expediting court will give full play to the first step in cases where the family’s life is difficult and urgently needs to pay medical fees or pay children’s tuition. The advantages of the arbitration system, such as awards, first-enforcement awards, and court awards, should be used in the shortest possible time to complete the case, so that migrant workers' hard money will be settled as soon as possible." The person in charge of Jinan Municipal Bureau of Human Resources and Social Security said.
Pi Jianlong, director of Beijing Jintai Law Firm, believes that my country should be based on the principle of building a diversified, multi-level, multi-channel, and all-round mediation organization system, and actively play the role of industry mediation organizations and regional mediation organizations to open up labor disputes. Mediation channels actively encourage the parties to settle disputes through mediation.
"Specifically, we should continue to expand the scope of people's mediation work, vigorously promote the extension of people's mediation work to industries and regions, and gradually build a labor dispute industry and regional mediation organization system with full coverage, region-based, and efficient and fast." Pi Jian Long pointed out that, on the one hand, regional people's mediation committees should be established in areas where labor disputes frequently occur such as commodity distribution centers and economic development zones, so that the forms of people's mediation organizations will continue to be enriched and the work network will be improved day by day.
On the other hand, with the rapid economic development of various industries, it is recommended to start exploring the establishment of a typified, industry-specific and specialized dispute resolution mechanism based on the self-management characteristics of each industry.
For example, in industries that are prone to labor disputes, such as online car-hailing, catering services, and construction, establish industrial labor dispute mediation organizations, and strive to achieve industrialization of labor dispute mediation organizations and standardize labor dispute mediation results.