How to curb the problem of unpaid wages for migrant workers

3) Clarify the main responsibilities of all parties involved in wage payment. Fully implement the responsibility of enterprises to pay wages to migrant workers, urge all types of enterprises to pay wages in full and monthly to migrant workers in strict accordance with the law, and strictly prohibit the payment of wages to organizations and individuals that do not have the qualifications to be the main body of employment. In the field of engineering construction, general construction contracting enterprises (including professional contracting enterprises that directly contract construction units to contract projects, the same below) are generally responsible for the payment of migrant workers' wages for the contracted projects, and subcontracting enterprises (including professional enterprises that contract construction general contracting enterprises, the same below) are directly responsible for the payment of the wages of the migrant workers recruited, and shall not deduct or default on the wages of migrant workers on the grounds that the project funds have not been paid, and shall not transfer the business risks such as project receivables to migrant workers.

4) Strictly regulate the management of labor and employment. Urge all types of enterprises to sign labor contracts with migrant workers recruited in accordance with the law and strictly perform them, establish a roster of employees and handle labor employment filings. In the field of engineering construction, we insist that construction enterprises sign labor contracts with migrant workers before entering the construction site, fully implement the real-name management system for migrant workers, establish a labor remuneration manual, record the identity information, labor attendance, wage settlement and other information of migrant workers working on the construction site, and gradually realize the information-based real-name management.

The general construction contractor shall strengthen the supervision and management of the labor employment and wage payment of the subcontractor, assign the labor management staff in the project department, establish the registration system for the entry and exit of construction personnel, and the management ledger of attendance measurement and wage payment, so as to grasp the employment and wage payment of the construction site in real time, and shall not be managed by the contractor. The general construction contractor and the subcontractor shall keep the written record of wage payment signed and confirmed by the migrant worker for more than two years for future reference.

5) Implement the system of paying wages on behalf of banks. Promote all kinds of enterprises to entrust banks to pay migrant workers' wages on their behalf. In the field of engineering construction, the implementation of the method of entrusting the wages of migrant workers of subcontracting enterprises to the general contractor of construction is encouraged to be paid directly.

The subcontractor is responsible for applying for a bank personal wage account for the recruited migrant workers and handling a real-name wage payment bank card, assessing the workload of migrant workers on a monthly basis and preparing a wage payment table, and after the migrant workers themselves sign and confirm, hand over to the construction general contracting enterprise to entrust the bank to directly transfer the wages to the migrant workers' personal wage accounts through the special account for migrant workers' wages (labor fees) established by the migrant workers.

The wages of the migrant workers are handed over to the contracting company, and the rest is the contractor's after the wages are paid. That's how my salary is, every month the manager reports the worker's attendance and calculates the salary, and the salary is transferred from the head office to the worker's card.

Legal analysis: If wages are in arrears, you can report to the local labor law enforcement department, and the law enforcement inspectors of the labor department will help coordinate and solve the problem; You can also go to the labor dispute arbitration institutions in various places to apply for arbitration, and if you are not satisfied with the arbitration, you can also go to the people's court to sue and enforce it; If you can't afford to pay for a lawsuit, you can also apply for a waiver of legal fees.

Legal basis: Article 48 of the Labor Law of the People's Republic of China The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.

The wages paid by the employer to the employee shall not be lower than the local minimum wage.

Labor Contract Law of the People's Republic of China

Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

Article 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

It is recommended to negotiate with the company first to see what the reason for the company's arrears of wages is and whether it can pay part of the wages first; If the negotiation fails, you can report the situation to the local labor inspection brigade and let them intervene in the coordination, if the coordination still fails, you can apply for labor arbitration for recovery, and if the company does not enforce the award after it takes effect, you can apply to the court for enforcement.

It is also possible to unilaterally resign on the grounds of arrears of wages by the company, and require the company to pay economic compensation, one month's salary for each year of work, and one month's salary for less than one year but half a year, and half a month's salary for less than half a year.

According to Article 10 of the Regulations of Guangdong Province on the Payment of Wages, the employer shall pay wages in full in the form of money in accordance with the fixed wage payment cycle, and shall not be in arrears or deducted. Where a monthly, weekly, daily, or hourly wage system is implemented, the wage payment cycle may be determined on a monthly, weekly, daily, or hourly basis. Where a piece-rate wage system is implemented or wages are paid based on the completion of certain tasks, the wage payment cycle may be agreed upon according to the piecework or completion of work tasks, but if the payment cycle exceeds one month, the employer shall pay wages every month in accordance with the agreement.

If the annual salary system is implemented or wages are paid according to the appraisal cycle, the employer shall pay the wages every month in accordance with the agreement, and the wages shall be settled and paid in full at the end of the year or at the end of the appraisal cycle.

The problem of peasants' difficulty in receiving wages is a complex social problem caused by a variety of reasons, including:

1.Some employers lack integrity, are unable or unwilling to pay wages on time, or are in arrears with migrant workers, making it difficult for migrant workers to receive their due wages.

2.When migrant workers work in cities, they are easily exploited due to the lack of social security and legal protection, making it difficult to guarantee their wages.

3.Migrant workers come from rural areas with a relatively low level of education, and some of them are not familiar with relevant laws and regulations and wage systems, and they do not know how to protect their rights and interests.

4.The management of some enterprises is not standardized, and the wage calculation and payment process is not strict enough, which can easily lead to wage arrears or miscalculation.

It is not difficult for migrant workers to implement the "monthly salary system", but they may encounter many difficulties in implementing it in practice. In order to make the monthly salary system truly implemented, enterprises need to strengthen management, formulate a reasonable wage system, clarify the salary calculation and payment process, improve employees' awareness of wage protection and rights protection, and also need to strengthen supervision and law enforcement to ensure that laws and regulations are effectively implemented.

In short, the difficulty of guaranteeing the wages of migrant workers is a social problem, which requires the joint efforts of enterprises, enterprises and all parties in society to strengthen management and supervision, implement the wage guarantee system, and provide a more fair and reasonable working environment and treatment for migrant workers.

There are several reasons why it is difficult for migrant workers to receive wages:

1.Employers maliciously default on wages: In order to obtain capital flow and maximize profits, some enterprises will deliberately default on the wages of migrant workers and delay the payment of wages as much as possible.

2.Employers do not have sufficient economic capacity: Some employers are facing economic pressure, the capital chain is tight, the capital turnover is ineffective, and they are unable to pay the wages of migrant workers.

3.Employers do not have legal qualifications: Some employers do not have formal registration, lack legal qualifications such as business licenses and tax registration certificates, and find it difficult to obtain loans from banks, thus unable to pay migrant workers' wages.

Reasons for the difficulty of implementing the "monthly salary system":

1.Employers lack the ability to analyze big data: At present, in many employers, the human resource management mechanism has not been fully upgraded to the modern mode, and it is impossible to analyze human resources big data, optimize the management system and process, and the "monthly salary system" is now in practice.

2.It is difficult to adjust the "quota system" of employers: some employers have long used the "quota system" to pay migrant workers' wages, which is difficult to change to a "monthly salary system", because the "quota system" needs to calculate the quantity and quality of each commodity, as well as the overtime hours and quantity of each worker, while the "monthly salary system" directly converts the salary into "monthly salary", which requires the adjustment of the production and management process of the entire enterprise.

3.The management concept of the old traditional manager is backward: the management manager of many enterprises is the old tradition, and is not suitable for the new "monthly salary system" management concept, and it is difficult to transform it into a new method.

Enterprises need to introduce new types of management talents, so that they can gradually adapt to the "monthly salary" management mode.