Civil administrative procuratorate
Anqing Grand View: Combine various forces to deal with the "difficult wage demands" of migrant workers
Time: April 27, 2022 Author: News source: [Font size: large | in | Small

   Recently, the People's Procuratorate of Daguan District, Anqing City carried out the special action of "procuratorial blue" to help solve the problem of migrant workers' wage arrears in the construction industry, and jointly enforced the law with the relevant administrative authorities on the problem of migrant workers' wage arrears in several projects under their jurisdiction. By explaining the law and reasoning to enterprises, we convened a multi-party coordination meeting to solve some of the arrears of migrant workers' wages, and urged enterprises to formulate a balance payment plan.    

   In handling cases, the procuratorial organ found that the inadequate implementation of the real name system of construction workers is one of the important reasons for the non-standard management of migrant workers and the difficulty in statistics and implementation of wage payment. In order to address both the symptoms and root causes and promote the improvement of social governance, the Institute actively performed its duties, actively contacted relevant administrative authorities, visited project construction units, employment enterprises, construction management personnel and some migrant workers, and conducted in-depth investigation and verification. It was learned that the network of the attendance equipment of the employing enterprises was disconnected, the face could not be recognized, the entrance and exit gear rod failed, and other problems existed for a long time. The real name management system of the administrative organs was not perfect, and the real name registration data of construction workers could not be collected timely and accurately, which led to the inability to accurately identify the identity of farmers.  

  After full visit and investigation, the hospital issued social governance procuratorial suggestions to relevant administrative organs according to law, urged the administrative organs and relevant enterprises to implement the regulations of the Ministry of Housing and Urban Rural Development and the Ministry of Human Resources and Social Security on the Real Name Management Measures for Construction Workers (Trial), and solved the problem of migrant workers' wages paid in full and on time by employing enterprises, Protect the legitimate rights and interests of migrant workers. At present, the real name system management of construction workers is being further improved and implemented.  

   Relevant regulations:  

   Article 11 of the Provisions of the People's Procuratorates on the Work of Procuratorial Recommendations  

   If the People's Procuratorate finds one of the following situations in the work of social governance in handling cases, it may put forward procuratorial suggestions to relevant units and departments to improve work and governance:  

   (1) The unit involved in the case is not perfect in the system and implementation of crime prevention, management is not perfect, and there are hidden dangers of crimes that need to be eliminated in time;  

   (2) A certain type of illegal and criminal cases occur frequently in a certain period of time, or the cases that have occurred expose obvious management and supervision loopholes, and it is necessary to urge the competent department of the industry to strengthen and improve the management and supervision work;  

   (3) The problem of civil disputes involving certain groups is prominent, which may lead to group events or malignant cases, and it is necessary to urge relevant departments to improve risk early warning and prevention measures and strengthen mediation;  

   (4) Relevant units or departments fail to perform their duties in a timely manner according to law, which causes damage or danger of damage to the legitimate rights and interests of individuals or organizations and needs to be rectified and eliminated in a timely manner;  

   (5) It is necessary to give relevant persons involved in the case, responsible persons or organize administrative punishment, administrative punishment, industry punishment, or investigate the judicial responsibility of relevant responsible persons;  

   (6) Other situations requiring procuratorial suggestions.  

   Management Measures for Real Name System of Construction Workers (Trial)  

   Article 5 stipulates that the housing and urban and rural construction departments below the provincial (autonomous region, municipality directly under the Central Government) level and the human resources and social security departments are responsible for the management of the real name system of construction workers in their administrative regions, formulate the real name system management system of construction workers, and urge construction enterprises to fully implement the requirements of the real name system management of construction workers at the construction site; Establish and improve the real name system management platform for construction workers in the administrative region, ensure the integrity, timeliness and accuracy of various data, and realize the connection and sharing with the national construction workers management service information platform.  

   Article 8 stipulates that the real name management system of migrant workers in the construction industry shall be fully implemented, and the construction enterprises and migrant workers shall sign labor contracts before entering the site for construction. The construction enterprise shall sign a labor contract with the recruited construction workers according to law, provide them with basic safety training, and register on the relevant construction workers' real name management platform before they are allowed to enter the construction site to engage in activities related to construction operations.  

   Article 11 stipulates that the real name information of construction workers consists of basic information, employment information, integrity information, etc. The basic information shall include the ID card information, education level, type of work (specialty), skill (title or post certificate) level, basic safety training and other information of construction workers and project management personnel. The employment information shall include the job position, labor contract signing, attendance, salary payment, employment record and other information. Integrity information shall include integrity evaluation, reporting and complaint, good and bad behavior records and other information.