What if migrant workers are owed wages but the evidence is insufficient?

In view of the problem that migrant workers have insufficient evidence or failed to sign labor contracts after their wages are owed, Rui Lixin, director of the Law Department of Ministry of Human Resources and Social Security, said today that the Regulations on Ensuring the Payment of Wages for Migrant Workers will be implemented on May 1 2020, which clearly stipulates that the problem of insufficient evidence after their wages are owed can be solved.

Data map: Migrant workers get paid. Liu she

On the morning of the 7th, the State Council Press Office held a routine briefing on policies, and invited Vice Minister Zhang Yiquan of Ministry of Human Resources and Social Security and the relevant person in charge of the Ministry of Justice to introduce the regulations on ensuring the payment of wages for migrant workers and answer questions from reporters.

When answering a question about "the evidence of migrant workers who are in arrears with wages is insufficient or they have not signed a labor contract", Rui Lixin said, first of all, the regulations clearly stipulate that employers should implement real-name management of migrant workers' employment, conclude a written agreement with migrant workers or agree on wage payment standards, payment time and payment methods through rules and regulations formulated according to law. This provision is mainly to solve the problem of insufficient evidence after unpaid wages.

The "Regulations" stipulate that the employer shall prepare a written wage payment account according to the wage payment cycle and keep it for at least 3 years. The contents of the written payment ledger are also specified in detail. When the employer pays the wages of migrant workers, it shall provide a list of his own wages. This provision is also conducive to solving the problem of obtaining evidence after wage payment disputes.

The "Regulations" also stipulate that migrant workers and employers should provide materials such as labor contracts, employee rosters, wage payment accounts and lists kept by them according to law in case of disputes over wage arrears; If the above materials are not provided, the employer will bear the adverse consequences according to law.

In addition, the Regulations provide an effective channel for migrant workers to safeguard their rights according to law. The regulations stipulate that migrant workers who are owed wages have the right to complain to human resources and social security or other relevant departments according to law, or apply for labor dispute mediation and arbitration or bring a lawsuit according to law. At the same time, any unit or individual has the right to report the wage arrears of migrant workers to the relevant departments of human resources and social security or other relevant departments.