All localities severely punish malicious wage arrears and ensure that migrant workers get their wages in full and on time

2022-01-13

Near the Spring Festival, ensuring that migrant workers get paid in full and on time has become a topic of social concern. Recently, the office of the leading group for eradicating wage arrears of migrant workers under the State Council issued the notice on carrying out special action for eradicating wage arrears in winter, and decided to focus on enterprises in engineering construction and other industries prone to wage arrears from November 1, 2021 to the Spring Festival in 2022 to implement centralized and special treatment of wage arrears nationwide. How to effectively safeguard the legitimate rights and interests of migrant workers? How to implement the relevant security system? What is the innovative exploration in eradicating wage arrears? Our reporter conducted interviews in many places. Readers and netizens reported salary arrears, and relevant departments responded positively Not long ago, the reader's letter board and the "leadership message board" of the people's network jointly launched the clue solicitation activity of "making migrant workers secure 'salary", which received a warm response from the public. "Thanks to the concern of relevant departments, we have received part of the salary of 250000 yuan", "less than 5 days after leaving a message, the salary of more than 50000 yuan in arrears has been paid"... In recent days, readers and netizens have actively participated in clue collection activities to reflect the experience of salary arrears. Relevant local departments and units have actively replied and handled, and some of these problems have been properly solved. "More than two years ago, my parents worked as a decorator in a hotel at Songyu wharf, Haicang District, Xiamen City, Fujian Province, and were owed more than 50000 yuan in wages." Xiao Liu from Sichuan Province reflected through the solicitation activity, "now his father is ill and in urgent need of money, but the hotel owner still refuses to pay for various reasons." Haicang District Bureau of letters and visits immediately negotiated with the district human resources and Social Security Bureau, the labor and Social Security Supervision Brigade, Songyu street and the police station in the district after being informed of this situation. According to Mei Zhenglin, a staff member of the Labor Security Supervision Brigade of the District, the hotel was decorated in 2019. Xiao Liu's parents engaged in handling and other work, with a total salary of more than 58000 yuan, but the hotel owner only gave 3000 yuan. Xiao Liu's mother has repeatedly asked for wages from Sichuan to Fujian, but the boss has been procrastinating. Mei Zhenglin, together with the staff of Street police station and judicial office, invited the two parties to Songyu police station for mediation. "After talking for several hours and repeatedly doing work for the boss, talking about human feelings, morality and law, the boss finally promised to pay back the money, gave 30000 yuan on the spot, and promised that the remaining 20000 yuan would be paid off as soon as possible." Mei Zhenglin said that recently, Xiao Liu's mother sent a text message saying she had got the remaining salary. Implement the 24-hour duty system for major festivals and key periods, and set up an online reporting and complaint platform... Since 2021, Haicang District Labor Security Supervision Brigade has unblocked and widened the reporting and complaint channels, and launched a special action of "big data + radical cure of wage arrears" in the whole region relying on Fujian Province's labor monitoring and early warning and smart employment big data platform. As of December 24, 2021, 2893 simple labor disputes through administrative mediation have been settled, and wages of 68.0283 million yuan have been recovered for 6151 workers. Some netizens left a message on the "leadership message board" of the people's network that they were engaged in highway slope protection in the first bid section of Hubei expressway, Dagou village, quanfuhe community, Yidu City, Hubei Province in 2021. They agreed to pay 80% of the salary every month and pay all the salary before September 15, "but they haven't got the salary for several months". Yidu municipal Party committee office replied that the construction coordination headquarters of Yidu Hubei Hunan boundary section of Hubei expressway has coordinated the project management department of China Railway Construction Bridge Bureau to pay the netizen 20000 yuan. All localities carried out special actions to eradicate wage arrears "Liang renju 23000 yuan, please sign after verification", "Chen qilie 13200 yuan, the money point is clear, sign here for confirmation"... Recently, 72 migrant workers came to the labor supervision and law enforcement reception hall of human resources and Social Security Bureau of Rongchang District, Chongqing, and received labor remuneration in turn under the guidance of law enforcement investigators. "We worked at a resettlement housing construction site, but we couldn't get the money. The contractor Yu always said he didn't have money and didn't calculate the salary for us for various reasons." Liang renju said that seeing the Spring Festival approaching, the workers repeatedly reported the situation to the construction site and the company without results, so they collectively came to the comprehensive law enforcement detachment of the district human resources and Social Security Bureau to complain and report. After receiving the complaint, the law enforcement detachment immediately filed a case, checked the situation with the migrant workers and the project company, verified that the contractor Yu had signed the contract agreement with the project company, and the project company had indeed allocated the project funds to Yu, and immediately issued a notice to Yu. However, Yu still failed to fulfill his payment obligation after the expiration, and the law enforcement detachment transferred him to the public security organ on suspicion of refusing to pay labor remuneration. The project company was ordered to advance the wages of migrant workers in advance due to the poor supervision of Yu's recruitment of migrant workers, and has paid 372470 yuan in advance. "We have to go through formal channels to ask for salary! We have been asking for help everywhere for so long, and the law enforcement department has helped us solve the problem in half a month." Liang renju said. Since November 2021, under the unified deployment and arrangement of the State Council, all localities have carried out special actions to eradicate wage arrears in winter. The joint action of multiple departments in Liaoning Province focused on the investigation of engineering construction fields, labor-intensive processing and manufacturing industries that recruit more migrant workers, and other enterprises affected by the epidemic that have hidden dangers of defaulting on the wages of migrant workers; The higher people's Court of Hunan Province gives priority to filing cases involving disputes over migrant workers' salary and damage compensation, and provides one-stop litigation services for migrant workers' parties; The labor and social security supervision institutions in Sichuan and Chongqing launched special actions simultaneously to accelerate the pace of regional cooperation in information sharing, rights protection linkage and case investigation. "In September 2020, the hotel where several of us worked closed, and the salary hasn't come back yet." At the end of May 2021, several migrant workers came to the Qilin District Labor and personnel dispute arbitration court of Qujing City, Yunnan Province for consultation. Xu Taiyi, 19, said, "I washed the dishes and served the dishes conscientiously for two months, but I didn't get the salary." The staff of the arbitration court learned that the hotel has only been in operation for two months. The two sides have not signed a labor contract, nor have they actually worked. Moreover, the legal representative of the company has now gone to other places, so it is difficult for workers to protect their rights. After docking with the labor and social security supervision team, obtaining evidence, combined with the applicant's application for arbitration and relevant certificates, the arbitration court transferred to the expedited arbitration procedure. The arbitrator called the hotel owner's mobile phone for many times to explain the policy and make efforts to communicate. The boss finally agreed to pay the salary and paid the applicant more than 30000 yuan in mid June. Pay attention to both "clearing" at the end of the year and normalized supervision and governance, pay close attention to the source and innovate governance to eradicate wage arrears To solve the problem of wage arrears of migrant workers, we should not only pay attention to the "clearing" at the end of the year, but also pay attention to the normal supervision and governance at ordinary times. We also need to implement relevant safeguard measures, constantly tighten the institutional fence, innovate governance means and consolidate the foundation for eradicating wage arrears. Qilin District, Qujing City, Yunnan Province vigorously promotes the special account and separate account system for migrant workers' wages. In Qujing section of Sanqing expressway, the project company implements the clock in wage payment system for migrant workers to ensure accurate wage payment. "We implement the first inquiry responsibility system for the report of salary arrears, and the department receiving the report must take emergency measures in time." He Jichun, director of Qilin District human resources and Social Security Bureau, said, "if it is not accepted by this department, it shall be transferred to relevant departments in time to ensure that the case is handled in a timely and proper manner." Rongchang District of Chongqing innovated and explored the "two funds and three systems" to control the persistent disease of wage arrears, required the construction party to pay wage deposit and Emergency Revolving Fund for wage arrears, linked it to the construction license, and promoted the use of migrant workers' wage payment monitoring and early warning platform in construction projects in the fields of transportation, water conservancy and so on. "In order to implement the deposit system, we implement differential management of wage deposit." The person in charge of Rongchang District human resources and Social Security Bureau said that enterprises without arrears can pay less, and those with malicious arrears must pay more. For the project that has been completed and accepted and paid the wages of migrant workers in full, the deposit will be returned according to the procedure within 2 working days after verification and confirmation by the human resources and social security department. Shishi City, Fujian Province has a large group of migrant workers. The local integration of the labor relations unit of the municipal human resources and Social Security Bureau, the labor security supervision team and the labor and personnel dispute arbitration court has established a "harmonious labor relations service center", standardized the case handling process, and implemented the case acceptance mode of "one window acceptance, one material application and three departments sharing". Since 2021, the center has coordinated and handled about 1000 labor disputes, with a removal rate of more than 60%. To eradicate the wage arrears of migrant workers, we need to further unblock the channels for safeguarding their rights. At present, the "national clue reflection platform for eradicating wage arrears" can receive complaints across regions at any time. Human resources and social security departments at all levels will verify and dispose of the reported information and actively reduce the cost of protecting workers' rights; Some localities have also announced the address and telephone number of labor security supervision reports and complaints at the provincial, municipal and county levels, and will implement a 24-hour reporting telephone duty system before the Spring Festival; Jinan City, Shandong Province has built an online service platform for migrant workers integrating website, wechat and microblog, so as to respond to everything. At present, all counties, districts and streets in Jinan have established migrant workers' service institutions, forming a "Online + offline" five-level service network covering the whole city. Yang Mao, associate professor of Law School of Southwest University, suggested that supporting systems such as salary payment monitoring and payment credit should be improved. She said that some places have established law-abiding integrity files for wage payment, punished dishonest units, and strengthened public opinion supervision, which has achieved good results. This enlightens us to improve the supporting system, highlight the source governance, and realize the transformation from "safeguarding rights afterwards" to "preventing in advance". For example, we can improve the enterprise credit payment reward mechanism, give financial incentives to enterprises with good grade evaluation in payment guarantee interventions, and give priority to government procurement, production licensing, financing loans, etc. (Xinhua News Agency)

Edit:He Chuanning    Responsible editor:Su Suiyue

Source:People's Daily

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