Due to the low education level of most migrant workers, many migrant workers who work hard outside may encounter the situation that their wages are in arrears. In order to protect the legitimate rights and interests of migrant workers, China formulated the Regulations on the Protection of Migrant Workers' Wage Payment this year. How to interpret Article 5 of the Regulations on Wage Payment of Migrant Workers (hereinafter referred to as the Regulations) clearly stipulates that the market subject is responsible, the government supervises according to law, and the society cooperates to supervise, so as to construct a three-level governance pattern of wage arrears. Among them, the responsibility of market subjects is the core and premise. Only by clarifying the scope of market players and what obligations and responsibilities they have can we truly implement the provisions of the Regulations and ensure that the wages of migrant workers can be paid in full and on time. The "Regulations" clarify the legal obligations and responsibilities of five types of market subjects, specifically employers, construction units, general contractors, subcontractors and individuals, and each of the five types of subjects has its own legal obligations and responsibilities. Among them, subcontractors in the field of engineering construction belong to employers, but based on the characteristics of engineering construction, they have special obligations and responsibilities. 1. Subcontractors are legally obliged to ensure the payment of wages for migrant workers. 1. They are directly responsible for the real-name management and salary distribution of the recruited migrant workers. 2. Conclude a labor contract with the recruited migrant workers according to law, and register the real name of employment. Establish employment management ledger, and keep it for at least 3 years after the project is completed and all wages are settled. Personnel who have not signed a labor contract with the general contractor or subcontractor and registered for real-name employment shall not enter the construction site. 3. Cooperate with the general construction contractor to supervise and manage its labor employment and wage distribution. 4. If the general contractor pays wages, the workload of migrant workers shall be assessed on a monthly basis, and a salary payment form shall be prepared, which shall be submitted to the general contractor together with the project progress of the month after being signed by the migrant workers themselves. Second, the subcontractor's legal liability for violating the wage payment regulations (in addition to the legal liability of the employer, it also needs to bear the subcontractor's special legal liability) 1. If the subcontractor fails to implement the real-name management of labor and employment, the administrative department of human resources and social security and the competent department of engineering construction in related industries shall order it to make corrections within a time limit according to their duties; If no correction is made within the time limit, the project shall be ordered to stop work and a fine of 50,000 yuan to 65,438+10,000 yuan shall be imposed; If the circumstances are serious, the construction unit shall be restricted from undertaking new projects, the qualification level shall be lowered, and the qualification certificate shall be revoked. 2. In any of the following circumstances, the subcontractor shall be ordered by the administrative department of human resources and social security and the competent department of engineering construction of related industries to make corrections within a time limit according to their duties; If it fails to make corrections within the time limit, it will be fined from 50,000 yuan to 6,543.8+10,000 yuan: (654.38+ 0) Failing to assess the workload of migrant workers on a monthly basis, compiling a salary payment form and signing it by the migrant workers themselves; (2) Not cooperating with the general contractor to supervise and manage its labor and employment. Law: Article 6 of the Regulations on the Protection of Migrant Workers' Wages stipulates: "The employing unit shall implement real-name management of migrant workers' labor and employment, and stipulate the wage payment standard, payment time and payment method. Recruit migrant workers in written form or through rules and regulations formulated according to law.

Legal objectivity:

In order to standardize the wage payment behavior of various project departments, prevent and solve the problem of wage arrears for migrant workers, and safeguard the legitimate rights and interests of migrant workers in the construction field, according to the Labor Law of People's Republic of China (PRC), Interim Provisions on Wage Payment (No.489 issued by the Labor Department [1994]) and Interim Measures for the Administration of Wage Payment for Migrant Workers in the Construction Field (No.22 issued by the Labor and Social Affairs Department [2004]). 1. In order to ensure the implementation of this work, register migrant workers by type of work, fully grasp the actual situation of migrant workers, and put an end to cheating in wage management; 2. Announce the report telephone number 0552-4095911in a conspicuous position in the construction work area; 3. Do everything possible to ensure that the wages of migrant workers are paid in full and on time; 4. The company organizes planning, engineering, finance and other departments every month to directly check and price the quantities completed by the project department, supervise the wage payment of migrant workers on site, and then conduct on-site investigation on migrant workers to supervise and solve the problem of arrears; 5. When signing the employment agreement with the labor service company, it should clearly supervise the labor contract, salary standard, distribution, social insurance and other rights protection between the company and the migrant workers; 6. The wages paid by the project department to migrant workers shall not be lower than the local minimum wage; If there is no agreement or unclear agreement on the wage payment standard, it shall be paid according to the local social average wage standard. 7. Wages should be paid in legal tender and not in kind or negotiable securities. Eight. The project department pays the wages of migrant workers on time every month. If the agreed wage settlement period is more than one month, the wages shall be paid in advance every month, and the prepaid wages shall not be lower than the local minimum wage standard, and the balance shall be settled in one lump sum and paid in full at the expiration of the wage settlement period. 9. The project department shall pay the wages directly to the migrant workers themselves, and shall not allocate the wages of migrant workers to organizations or individuals that do not have the qualifications of employment subjects. Where a bank is entrusted to pay wages, it shall sign a wage payment agreement with the bank, and the entrusted bank shall transfer the wages of migrant workers into their personal accounts on time, and migrant workers shall draw wages by holding cards or passbooks. 10. When the project department pays the wages of migrant workers, it should prepare a wage payment form, which should specify the payer, payment time, name of the payer, detailed items and amount of payment, deduction items and amount, and go through the formalities of signing the wage payment, and the wage payment record should be kept for more than two years. 1 1. If the project department cannot pay the wages on schedule temporarily due to difficulties in production and operation, it shall explain the situation to the migrant workers, and at the same time, it may postpone the payment of wages after consultation with the trade union or representatives of migrant workers, but the longest time shall not exceed 30 days. If the wages of migrant workers are not paid for more than 30 days, it shall be regarded as unpaid wages without reason. 12. The project department should set up a bulletin board in a conspicuous position on the construction site to publicize the monthly salary distribution and each salary settlement, and publicize the complaint reporting department and telephone number. Thirteen. If the project department terminates the labor relationship with migrant workers according to law, it shall pay the wages and related expenses of migrant workers in one lump sum within five days from the date of termination of the labor relationship. Wages are paid until the date of termination of labor relations. Fourteen, the establishment of migrant workers wage payment security system. The project department separately deposits 3% of the contract price of the construction project into the migrant workers' wages to pay the security fund. If the construction period exceeds 1 year, the wages of migrant workers can be pre-stored at 3% of the annual project budget to pay the security fund. The security fund for the payment of migrant workers' wages is specially used to advance the wages owed to migrant workers in this project. The wage guarantee fund is included in the total project cost and charged from the payable project funds. Fifteen, the implementation of the wage supervisor system for migrant workers. The company appoints or democratically elects 1-2 wage supervisors for migrant workers, who are responsible for giving feedback to the company about the payment of wages and informing relevant departments in time. Sixteen years old. Any department or individual has the right to report the following to the company: (1) Failing to pay the wages of migrant workers on time; (2) Failing to pay the wages of migrant workers according to the standards stipulated in the labor contract; (three) when the wage payment standard is not clear, the salary paid by the project department is lower than the average wage level of the local society; (four) the project department fails to advance the wages of migrant workers on schedule according to the standard; (five) the project department fails to settle accounts with migrant workers on schedule and pay the remaining wages in full; (six) other effects on the payment of wages of migrant workers. 17. If the construction unit fails to complete the payment on schedule or has new arrears, resulting in arrears of wages for migrant workers, it shall make rectification within a time limit and give disciplinary action to the relevant person in charge. Eighteen. These Regulations shall come into force as of June 6, 2006.