How to rectify the problem of wage arrears for migrant workers from the source?

Near the end of the year, the engineering construction industry will usher in the settlement peak of project funds and wages. The problem of wage arrears for migrant workers has once again aroused social concern. Wage has always been the most direct and core rights and interests of migrant workers, and it is also a major event related to the basic life of migrant workers' families. In recent years, through the efforts of various regions and relevant departments, the high incidence of unpaid wages has been effectively curbed, but the phenomenon of wage arrears for migrant workers still occurs from time to time in some places. In order to solve the problem of wage arrears for migrant workers, the state promulgated the Regulations on Ensuring Wage Payment for Migrant Workers in June 5438+ 10, 2020. From June, 5438 to February, 2020, the General Office of the State Council issued the Guiding Opinions on Further Perfecting the Binding System of Dishonesty and Building a Long-term Mechanism of Credit Construction, so as to curb the phenomenon of wage arrears through joint disciplinary management of dishonesty.

The Interim Measures for the Administration of the List of Joint Disciplinary Objects of Migrant Workers' Arrears of Wages and Breach of Trust, promulgated by Ministry of Human Resources and Social Security, incorporated the "credit mechanism" into the special field of the management of migrant workers' arrears of wages, and provided a legal basis for the joint disciplinary management of unpaid wages and breach of trust in Ministry of Human Resources and Social Security. It has promoted the establishment of a long-term credit supervision mechanism for the management of wage arrears of migrant workers, and provided a new solution for the management of wage arrears of migrant workers nationwide.

Credit risk analysis of wage arrears of migrant workers

In the field of construction engineering, the project investment is large, the construction period is long, and there are many changing factors, so there is a high credit risk objectively. Any party's dishonesty will directly lead to the occurrence of wage arrears for migrant workers.

Owner: Default in project payment

Due to the shortage of capital chain, the employer cannot pay the project payment in full and on time, which will cause the general contractor and subcontractors to default, and the migrant workers are at the bottom of the capital chain, which will be directly affected. Some projects are allocated progress payment according to the contract. However, due to the low proportion agreed in the contract or temporary changes, there is a big gap between the allocated project funds and the actual situation of the construction unit, which will lead to the general contractor and subcontractors defaulting on funds in disguise and the wages of migrant workers.

Contractor: Winning the bid at a low price &; Layer by layer subcontracting

The competition in the construction market is fierce, and some contractors will win the bid at a low price, which makes the profit margin of the project limited, which can not guarantee the economic benefits of the underlying construction units, nor can it guarantee the timely and full payment of wages for migrant workers. In addition, after winning the bid, some contractors will be assigned to some unqualified "contractors" by subcontracting. In this case, the wages cannot be directly implemented to the actual frontline workers, and the wages of migrant workers cannot be paid until the "contractor" and the contractor settle the project payment. Excessive subcontracting of engineering construction services leads to more payment links and profit distribution times, which leads to arrears of wages for migrant workers.

The problem of wage arrears of migrant workers is caused by the dishonesty of both parties, which is essentially a credit problem. The fundamental reasons are weak credit concept, asymmetric credit information and lack of credit supervision means. In recent years, with the continuous improvement of the national credit system and construction market, it has provided conditions for the country to innovate credit supervision and management methods to solve the problem of wage arrears for migrant workers.

How to control the wage arrears of migrant workers through credit constraints

The essence of market economy is credit economy, and credit is the cornerstone of market economy. Strengthening the joint punishment of unpaid wages and dishonesty by means of credit supervision is the fundamental means to eradicate unpaid wages. The "Administrative Measures" emphasizes the adoption of joint punishment for dishonesty and the establishment of a "blacklist" punishment for unpaid wages and dishonesty to deter unpaid wages.

There are many emergencies, and it is difficult to deal with the problem of unpaid wages. The Administrative Measures have established a sustainable long-term mechanism for credit supervision. Clearly incorporating the requirements of the joint disciplinary object system for dishonesty is conducive to standardizing the management of unpaid wages and dishonesty. Article 5 of the Administrative Measures stipulates two cases of being included in the disciplinary list of dishonesty:

First, the deduction and unreasonable arrears of wages of migrant workers reach the standard of refusing to pay labor remuneration.

Second, mass incidents and extreme incidents caused by illegal arrears of wages for migrant workers have caused serious adverse social impacts.

Once it is included in the list, the human and social departments will transmit the list of relevant employers to the credit information sharing platform, and relevant departments will jointly punish the government in terms of government financial support, government procurement, bidding, financing loans, market access, tax incentives, evaluation and evaluation, and transportation. It can last for up to three years, which not only forces employers to "dare not pay back their wages" but also guides them to "don't want to pay back their wages", thus forming honest employment.

In addition to the above-mentioned credit punishment measures, in recent years, the state has successively promulgated the Regulations on the Protection of Wage Payment for Migrant Workers and the Provisions on Wage Margin for Migrant Workers in the Field of Construction, vigorously promoting the application of the "Wage Margin" system. Both the wage guarantee system itself and all kinds of innovative wage guarantee management services (migrant workers' wage payment guarantee insurance) are increasingly showing remarkable functions of "credit risk management" and "credit guarantee", which can effectively prevent and deal with the credit risks of various migrant workers' wage payment, and also play an important role in eradicating wage arrears.

Wage security deposit

Wage deposit is a form of project guarantee, and it is also an important safeguard measure to solve the problem of wage arrears in the field of engineering construction. Wage deposit refers to the special funds that the general contractor sets up an account in the bank and stores according to a certain proportion agreed in the project construction contract, which is specially used to pay the wages of migrant workers who are in arrears in providing labor services for the contracted projects. In the event of the contractor's unpaid wages, Ministry of Human Resources and Social Security will make a settlement within a time limit according to law, and Ministry of Human Resources and Social Security, who refuses to perform, will propose to the handling bank to pay the wages of migrant workers.

Wage payment guarantee insurance for migrant workers

As an innovative service model of wage deposit management, the wage payment guarantee insurance for migrant workers has played an important role in helping local governments control wage arrears, and has been strongly supported and promoted by national policies. When deploying measures to ensure the timely and full payment of migrant workers' wages, the executive meeting of the State Council emphasized that "all-round implementation of insurance instead of deposit" will further promote the comprehensive market-oriented development of migrant workers' wage payment guarantee insurance.

On the one hand, the wage payment guarantee insurance for migrant workers can compensate the wage payment through insurance claims and ensure the timely and full payment of migrant workers' wages; At the same time, the Regulations on Wage Guarantee for Migrant Workers in Construction stipulates that the wage payment guarantee for migrant workers should be irrevocable on demand, so as to further strengthen the wage payment guarantee for migrant workers.

On the other hand, migrant workers' wage payment guarantee insurance can not only guarantee migrant workers' wage payment through insurance claims service, but also innovatively introduce third-party professional risk management service forces to participate in the risk management of migrant workers' wage payment, and strengthen the risk management of migrant workers' wage payment through pre-insurance, post-insurance and accident coordination.

To eradicate the arrears of wages in winter, the Administrative Measures came into being. By standardizing working procedures, strengthening credit restraint and punishment, further improving the management system of untrustworthy list, constructing a new pattern of credit supervision of wage payment according to law, combining leniency with severity, advancing and retreating in an orderly manner, ensuring that the work of eradicating winter wage arrears is further promoted on the track of rule of law, and improving the level of legalization of wage credit restraint for migrant workers.