Based on the characteristics of current wage arrears of migrant workers, this paper analyzes the problem of wage arrears.

The causes of migrant workers' wages prevent the phenomenon of wage arrears for migrant workers from the source. protect

Protect the vital interests of migrant workers and establish a long-term mechanism to eliminate wage arrears for migrant workers.

Promote the healthy and rapid development of socialist economic construction.

Keywords: wages of migrant workers; Labor relations; Labor security; Labor Contract Law

With the gradual deepening of China's socialist economic construction, farmers who work in cities

There are more and more workers, who strive to speed up urban construction and promote the urbanization process in China.

Positive contribution. At the same time, the problem of wage arrears for migrant workers has intensified.

If this problem cannot be properly solved, the rights and interests of migrant workers cannot be guaranteed.

It will definitely affect the image of the party and the government in the hearts of the people and the whole society.

Stable. Based on the current characteristics of wage arrears for migrant workers and the settlement of wage arrears disputes.

The existing problems are how to prevent and stop the wage arrears of migrant workers from the source.

Establish a long-term mechanism to stop wage arrears for migrant workers.

An effective way to solve the problem.

one

、

Characteristics of wage arrears of migrant workers

The situation of wage arrears for migrant workers generally has the following characteristics: First, from the employment list.

Personally, the problem of wage arrears mostly appears in the construction industry and other industries.

Relatively few. According to statistics, China's economy grew at an average annual rate of 9.3% in 13.

Dragon, but the phenomenon of arrears in construction projects in the construction field is becoming more and more serious. Among them, real estate development

Engineering and government investment projects are the most prominent. According to a survey by Xinhua News Agency,

Among the migrant workers surveyed, 72.5% of the respondents indicated their wages.

In different degrees of arrears, 28.8% people said that they never got it on time.

Wage; Second, from the nature of enterprises, private enterprises are obviously more than state-owned and collective enterprises.

Industry; Third, the wage arrears of migrant workers in the construction industry have been presented for a long time, and the disputes are concentrated and involve a wide range.

Moreover, the number of people is large, it is difficult to deal with, and the dispute time is relatively concentrated.

Most of them are concentrated at the end of the year.

Second, the causes of arrears and the problems existing in the treatment of arrears of wages.

title

(A) the main reasons for wage arrears

one

It is intentional breach of contract or deduction of fees. This situation mostly happens in private enterprises.

In the past, the wages of migrant workers could not be paid on a monthly basis on the grounds of poor enterprise benefits, and they were delayed again and again.

In just a few months, at the end of the year, they tried their best to find an excuse to deduct workers' wages. more

What's more, a few contractors run away every day after getting the project payment to unify the hard-earned money of workers.

The whole system was swept away, resulting in workers' wages not being cashed.

The second is forced default. This situation generally occurs in the construction industry or when it is difficult to operate.

Enterprise. The construction industry is characterized by multi-layer contracting, and the developer contracts the project to a company.

A construction company, the construction company will contract a contractor, and the contractor will hire another one.

Some migrant workers carry out construction.

Third, the cases of unpaid wages are group and complicated. Rights of both parties to a case

Generally speaking, the mood of reform is great, and contradictions are easy to intensify, which has aroused widespread concern in society. Timely and appropriate

It has become labor to solve the wage arrears of migrant workers and build a harmonious and stable labor relationship.

Highlights of the security department.

Problems in dealing with wage arrears disputes

Under the current legal framework, we should open up a "green channel" and give priority to filing a case.

Try out, give priority to implementation, and strive to solve the problem of wage arrears for migrant workers. But in fact,

There are still many problems in the process of handling.

one

It is difficult to determine the subject of employment. Due to the current subcontracting of construction projects, a large number of

In violation of the provisions of the labor law and the construction law, the subject or individual who does not have the qualification to enter the company.

The construction market is mixed, and the main body of employment changes greatly. The most common is that there are

Qualified construction contracting enterprises subcontract all or part of the project to the so-called "project"

The Project Manager has subcontracted or subcontracted the project to other contractors, including

Foremen subcontract, and once migrant workers ask for wages, all kinds of contractors take them out one after another.

Nobody wants to be responsible for subcontracting.

Second, it is difficult to choose the basis for handling. Existing laws, regulations and administrative normative documents,

Some regulations are inconsistent. Due to the inconsistent regulations, the handling method of the case is "five decisions"

Various ":some employers bear the direct responsibility for paying wages, and subcontractors bear it. "

Bear joint and several liability; Some subcontractors shall bear the direct responsibility for paying wages, and the contracting-out unit shall bear the responsibility.

Bear joint and several liability; Others will pay for organizations or individuals who do not have qualifications.

Wage liability shall be borne jointly and severally by both parties to the contract.

Third, it is difficult to implement cash. In the case handling and execution stage, the person being handled can use

Due to property changes or property losses, the wages of migrant workers are

After administrative treatment, it still cannot be cashed.

Fourth, the law needs to be further improved. Imperfect legislation and relevant ministries and commissions

There are also some imperfections in the way the door is handled. For example, in the relevant regulations on wage payment

There is a lack of strong punishment measures for wage arrears, and the labor inspection department is also very

Difficult to operate.

Third, countermeasures and suggestions to solve the problem

(A) from the legislative point of view to further clarify the payment subject of migrant workers' wages.

Article 12 of the Interim Measures for the Administration of Wage Payment for Migrant Workers in the Construction Field stipulates that:

"The general contracting enterprise shall not contract or subcontract the project to the unemployed in violation of regulations.

Organizations or individuals with subject qualifications, otherwise they will bear joint and several liability for paying off arrears of wages ";

As the main unit of employment, engineering contracting enterprises subcontract or contract projects to people who do not have them.

Organizations or individuals who have obtained the qualification of employment subject still retain the qualification of employment subject, but they do not have it.

In fact, organizations or individuals with reserve wages are entrusted by the employer to manage.

Workers, resulting in arrears of wages, should be proved by the project contracting enterprises.

Undertake the main body, thus restricting the employer to strengthen management in employment. And "labor"

The original intention of Article 94 of the Contract Law is to prevent individual contractors from contracting business.

In this process, quick success and instant benefit infringe upon the interests of workers, or damage the interests of workers.

If the employing unit has the ability or evades the liability for damages to the workers, the contracting-out unit shall bear the joint liability for compensation. The laborer may require the individual contractor to pay in full or

The contracting organization, that is, the individual contractor, may also claim partial compensation.

The unit shall compensate in whole or in part. Therefore, it is necessary to make special provisions on such issues.

Determine the main body of employment and clarify the responsibility of the main body of employment, which is convenient for handling cases.

Increase penalties for wage arrears of migrant workers.

Because the illegal cost is too low, employers keep defaulting on the wages of migrant workers.

Yes, it is an indisputable fact. It is suggested that how to attach compensation should be directly stated in the law.

Yes, so the labor security supervision department only needs to order it to pay within a time limit.

If the employer defaults on the wages of migrant workers without reason, it shall pay compensation according to the corresponding proportion.

Further clarify the subject of wage payment, increase the punishment for wage arrears from legislation,

It is also the most direct to fundamentally solve and prevent the problem of wage arrears for migrant workers.

The most effective legal means.

(3) Strengthen labor security supervision and earnestly implement policies.

Labor and social security departments should regularly organize employers to sign labor contracts with migrant workers.

Special inspection of contract and salary payment. Urge enterprises to establish standardized wage standards.

Payment system, improve the way of wage payment, and severely crack down on the deduction and arrears of wages for migrant workers.

Capital behavior. Conduct regular inspections of construction enterprises and strive to eliminate them from the source.

Never default on the wages of migrant workers.

(four) to enhance the legal awareness of employers and workers to know, understand and use the law.

At present, the legal awareness of migrant workers and some employers is relatively weak.

Bo, especially some migrant workers, have a low level of education and do not understand the law.

To safeguard their rights and interests, what the employer says, their rights and interests.

I know nothing about infringement. Therefore, when popularizing the law, it is necessary to guide employers and workers.

Consciously study legal knowledge and improve the self-party spirit of workers who handle affairs according to law.

Consciousness of safeguarding rights. If the employer fails to pay wages on a monthly basis, it belongs to infringement and labor.

The actor should complain or appeal to the relevant departments in time to minimize the losses.

Degree, at the end of a one-time settlement method, itself violates the "labor law".

According to relevant regulations, workers should report and complain in time in order to be effective and healthy.

Low risk, reduce losses. The improvement of workers' legal awareness and rights protection awareness. be

One of the effective ways to prevent wage arrears.

(five) due to unintentional arrears of wages. Establish a government support mechanism

For those state-owned collective enterprises that do have operational difficulties, they should be given a certain amount.

Financial support, the establishment of government support mechanism. Carry out enterprise restructuring and asset restructuring at the same time,

Fundamentally reverse the dilemma of enterprises and solve the problem of wage arrears from the source.

(six) the relevant departments should strengthen coordination and form a joint force.

Solving the problem of malicious wage arrears is not just a matter for the labor and social security departments.

All relevant functional departments should take active actions to form a joint force. urban development departments

To strengthen the rectification and governance of the construction market, first, we should make good use of the information of the construction unit.

Quality assurance, and resolutely remove units that do not have construction qualifications or credibility from the building.

Market; The second is to implement a filing system for construction enterprises, requiring them not to default on workers' wages.

Wage difference; The third is to establish a supervision mechanism for wage payment by employers. Planning department

The door should strengthen supervision and limit projects that have no funds to start.

The court should strengthen law enforcement and deal with cases that infringe on the rights and interests of migrant workers quickly and severely according to law.

Handle.

(7) Governments at all levels should prevent local protectionism.

It is important to attract investment and develop the economy, but if the legitimate rights and interests of workers are

Without effective maintenance, it will inevitably dampen their positive contribution to local economic development.

Sex, in turn, will affect the economic development of the region.

In short, the phenomenon of wage arrears for migrant workers should stand at a political height.

To understand, we must establish the ideology of "the interests of the masses are no small matter" and further improve it.

Laws and regulations, strengthen the comprehensive improvement of relevant departments, and further strengthen law enforcement.

Establish a legal aid mechanism for the protection of farmers' rights and interests to prevent and stop procrastination from the source.

Arrears of wages for migrant workers, so as to effectively control the problem of wage arrears for migrant workers and promote society.

Harmony and the rapid and healthy development of socialist economy.