At the end of June 5438+ 10 this year, the news that "wage arrears are expected to be curbed" is exciting-the first government regulation in the field of project cost in our province, the Measures for the Management of Construction Project Cost in Jiangsu Province, was implemented on June 5438+1 0/day, which will effectively curb the problem of project cost and project cost. The "Measures" have been implemented for almost two months, and the end of the year is approaching. Will this year replicate the situation of wage arrears in previous years? What measures do the relevant government departments have to curb malicious unpaid wages? A few days ago, the reporter learned from urban and rural construction, human resources and social security departments that the overall situation of 20 10 was better than in previous years, which not only benefited from the effective implementation of rights protection measures by the government and relevant functional departments, but also reflected that enterprises attached great importance to and standardized employment behavior, as well as the enhancement and improvement of migrant workers' legal awareness. However, there are still some units that have problems in paying the wages of migrant workers, and they can't fulfill their promises at the time of recruitment and only pay a certain amount of living expenses; Due to the different nature of employment, the wages of migrant workers cannot be paid according to the actual labor remuneration; Or when signing a contract, the minimum wage standard is often used to stipulate labor remuneration, probation period and post nature. , and the salary is intentionally or maliciously defaulted when the salary is settled.

Measures: Move the gateway forward and prevent debts in advance.

Labor remuneration is the most concerned, direct and realistic core interest of employees, and wage arrears directly affect the basic life of employees and social harmony and stability. In order to solve the problem of wage arrears for migrant workers, departments at all levels in our city have done a lot of fruitful work in recent years. According to statistics, from June 5438+0 to June 5438+00 this year, the construction departments at all levels in our city received more than 200 complaints about the wages of migrant workers, involving more than 3000 migrant workers, amounting to more than 20 million yuan. The urban and rural construction departments of the city punished the construction enterprises that paid wages to migrant workers and visited illegally, restricted their market access, cleared 2 1 construction enterprises outside the city out of Changzhou construction market, and listed 12 construction enterprises as key monitoring enterprises.

The relevant person in charge of the Municipal Urban and Rural Construction Bureau told the reporter: "After the unpaid wages were discovered, the government functional departments helped to recover them, which was far from solving the problem from the root. The key is to change' passive' into' active', take precautions in advance, reverse the situation of unpaid wages, and protect the legitimate rights and interests of migrant workers from damage. " Since the beginning of this year, the municipal construction, labor, public security, letters and visits, the Municipal Federation of Trade Unions and other departments have repeatedly negotiated arrangements to prevent them from the institutional mechanism.

First, establish and improve the wage payment guarantee mechanism for migrant workers and improve the wage guarantee system. The five departments have successively issued the Interim Measures for the Management of Wage Margin for Migrant Workers in Changzhou Construction Field and the Measures for the Management of Wage Margin for Migrant Workers in Changzhou Construction Field, which fully embodies the principles of differentiation and territorial management and urges construction enterprises to pay migrant workers' wages in time. In June 5438+February, 2009, the Provincial Debt Clearing Office issued the Implementation Measures of Wage Guarantee for Migrant Workers in the Construction Field of Jiangsu Province. In order to effectively implement the "Measures for the Implementation of the Province", in March this year, our city established the wage guarantee system for migrant workers in the construction field in various cities (districts) in combination with the "Measures for the Administration of Wage Guarantee for Migrant Workers in Changzhou Construction Field", which played a good warning role for construction enterprises to pay migrant workers' wages in time. Secondly, the emergency loan system for wages of migrant workers in construction industry was established. In order to give full play to the role of wage margin, the Urban and Rural Construction Bureau of our city and Changzhou Branch of China Construction Bank jointly issued a document to establish an emergency loan system for migrant workers' wages by using the balance of wage margin. At the same time, on the basis of formulating the Notice of Supplementary Provisions on the Implementation Measures of Construction Project Guarantee in Changzhou, the contractor is explicitly required to make a commitment not to default on the wages of migrant workers in the performance guarantee, and at the same time, the arrears of wages of migrant workers by construction enterprises are included in the Measures for Credit Evaluation of Construction Enterprises in Changzhou as an important evaluation content. According to the circumstances, consequences and social impact of the breaching party's breach of contract, strengthen coordination, monitor as soon as possible, strictly enforce the law, and expel the illegal enterprises from the construction market in our city. At the same time, the relevant departments can order or use the deposit of the defaulting party to maintain the normal order of the construction market.

At the same time, they also strengthened the monitoring and early warning reporting system. Relying on the grid management system and the team of grass-roots coordinators, strengthen the monitoring and early warning of wage payment for migrant workers in key industries and key enterprises, establish and improve the monthly report system of wage arrears by employers, actively carry out the investigation activities of contradictions and disputes caused by wage arrears in the jurisdiction, sort out the tendentiousness and signs, and achieve early detection and prevention; Adhere to the principle of "reform while checking", carry out simple mediation activities of contradictions and disputes while checking, eliminate contradictions in the bud to the maximum extent, and solve disputes at the grassroots level. In view of low-cost labor contracts, false provision of labor services and other issues, the construction, public security, labor, letters and visits, and the Municipal Federation of Trade Unions will handle them in an efficient and standardized manner in accordance with the requirements of unified acceptance standards, unified handling principles, and unified coordination mechanisms, and severely crack down on "contractors" who extort wages from migrant workers. 20 10,165438+1October 25 to 201165438+1October 25, Municipal Human Resources and Social Security Bureau, Public Security Bureau, Municipal Urban and Rural Construction Bureau, State-owned Assets Supervision and Administration Commission. Strengthen the investigation from the following aspects: the employer pays the wages of migrant workers in accordance with the relevant regulations on wage payment, abides by the minimum wage regulations and pays overtime wages according to law, the escape of enterprise managers after wage arrears, and the signing of labor contracts between employers and migrant workers, so as to form a high-pressure situation for special inspections in the city and severely crack down on illegal acts of wage arrears for migrant workers.

In addition, various departments have also implemented emergency mechanisms and unblocked complaint channels. They attach great importance to the handling of mass incidents caused by wage arrears of migrant workers, improve emergency plans, clarify work responsibilities, improve and establish emergency teams, and improve rapid response capabilities. Once a mass incident happens, it can effectively control the situation on the spot in time, find out the crux of the problem, take measures according to the case, strictly control the escalation of the situation, and coordinate and deal with the problem of wage arrears for migrant workers in time. Strengthen telephone, internet and window channels to report complaints and provide convenient and efficient rights protection services for workers. Open up a "green channel" for migrant workers to report complaints, simplify the procedures for handling cases, and make urgent, special and quick investigations.

Signs: Malicious wage arrears are thought-provoking.

While government departments are actively defending the rights of migrant workers, the municipal construction department found in the investigation of the arrears of wages for migrant workers that some "contractors" took advantage of the weaknesses such as irregular management of the construction enterprise team to maliciously beg for wages and extort money, thus triggering mass incidents, intensifying contradictions and escalating the situation. This malicious salary is mainly manifested in eight aspects. One is to undertake projects at a low price and ask for wages at a high price. To undertake labor services at a price slightly lower than the market price, a large number of labor services will be added to the construction project due to the difficulty of construction and the rising price of labor services, otherwise the construction will be refused and the site will be withdrawn. Second, after undertaking the project, under the pretext of complex technology and slow progress, it is proposed to increase the cost of labor services (often several times the original agreed price). The third is to use a few people to undertake projects and gather a large number of migrant workers to ask for wages. When undertaking the project, meet the requirements of fewer contract workers. Once the agreement is signed, more migrant workers will be brought to the scene. If the employer refuses, he will refuse to leave and ask for a high exit fee. Fourth, there are quality, safety and progress problems in the construction process, and they refuse to bear the responsibility of the agreement, which conflicts with the employer. Fifth, in the process of construction, poor management, or "contractor" diverted the wages of migrant workers for other purposes, resulting in the inability to pay the wages of migrant workers, and additional wages of migrant workers were paid to the employer. Sixth, there is a settlement dispute between the "contractor" and the employer, and the "contractor" does not come forward to negotiate and solve it, or the "contractor" absconds or hides with money, secretly organizing and instructing migrant workers to collectively petition. Seventh, the "contractor" fails to perform the agreement when other projects lose money or the payment is not in place, and uses migrant workers to pay more for better projects. Eighth, the project manager colluded with the "contractor" to ask the construction unit for the project payment in the name of defaulting on the wages of migrant workers or deliberately not paying them.

In order to safeguard the legitimate rights and interests of migrant workers, the municipal construction department has actively taken countermeasures against such malicious wage-seeking behaviors. This year, 96 migrant workers' organizers have been blacklisted to remind construction enterprises to use them with caution.

The way out: let "stragglers" become "regular troops"

Migrant workers are a new type of labor force in the process of China's reform and opening up, industrialization and urbanization, and have made great contributions to urban prosperity, rural development and national modernization. Because the employment threshold of construction industry, garment processing and other enterprises is relatively low, they have become the main industries to absorb rural surplus labor. In some places, "contractor" has become a substantive labor intermediary. In recent years, governments at all levels in our city have not only actively cleared up the wages owed to migrant workers, but also introduced policies and measures to safeguard the rights and interests of migrant workers. They have established a labor contract system, a wage guarantee system for migrant workers, a system for informing migrant workers' rights and interests, a manual system for migrant workers' labor remuneration, and a system for clearing up the wages owed to migrant workers by employers, and are committed to safeguarding the rights and interests of migrant workers. It should be said that active and effective measures have been taken to raise funds in time, which has better maintained the normal order and social stability of the construction market in our city. However, experts believe that in order to eradicate the phenomenon of wage arrears for migrant workers, in addition to further rectifying and standardizing the order of the construction market and the labor market, purifying the market environment, maintaining social stability, and resolutely cracking down on illegal activities, it is necessary to start from both enterprises and migrant workers. The construction department should standardize the procedures of project approval, project establishment and contract signing from the source, strengthen the supervision of funds in place, standardize and supervise the construction project trading market, and standardize the labor contracting behavior; The tax authorities should support the development of labor service enterprises in terms of policies and bring migrant workers into standardized management. Labor and social security departments should strengthen and urge enterprises to provide job skills training and safety education for migrant workers, raise awareness of rights protection according to law, and prevent them from being used by "contractors". At the same time, strengthen the supervision of employment enterprises and strengthen safety awareness; As migrant workers, we should also pay attention to the improvement of their own quality, strengthen learning, truly standardize and guarantee from the system and means, regularize the disorderly flow of migrant workers, and achieve "safety production is guided, operational skills are trained, and daily life is managed", so as to greatly reduce hidden dangers and avoid the occurrence of wage-seeking incidents for migrant workers.

Complaint channels for migrant workers' arrears of wages

First, migrant workers should complain to the relevant departments in the following situations: signing labor contracts according to law; Complete the required workload on time and with good quality; Has negotiated with the labor contracting unit, the project department and its subordinate units; Failing to get the agreed salary within the time limit.

Second, complaints need to be prepared: valid documents such as ID cards; Labor contract; Manual of labor remuneration; Salary settlement basis approved by labor service unit or project department.

3. Complaint procedure: 1, which is reflected to the labor service enterprise; 2. Report to the construction enterprise undertaking the project; 3. Complain to the construction management office or the labor department where the project is located; 4. Complain to Changzhou Construction Management or Labor Inspection Department; 5. Complain to the superior department or solve it through labor arbitration or court prosecution.

4. Handling the breach of contract without valid certificates and written basis; Without consultation with the labor service unit, the project department and its units; Failing to reach the agreed payment time; The contents agreed in the contract have not been completed; Disobedience to coordination; Individual contracting can be through labor arbitration or court proceedings.