@According to the China Business Daily, in the winter of 2021, three migrant workers were once engaged in water and electricity installation in the fourth phase of the Airport Greenland New Town project in Xixian New Area. At that time, they were owed 50000 yuan of wages. Now, two and a half years have passed. Despite the efforts of the labor supervision department to "coordinate", they still haven't received a penny.
Master Zhou is from Shangluo. From the middle of October 2021 to the end of November 2021, he, his brother-in-law and brother will do water and electricity installation on the fourth phase project of Airport Greenland New Town. "It was Shaanxi Hongyunxiang Co., Ltd. who came to work with us. The person in charge was Niu, and it was a special hydropower team." Master Zhou told the Chinese Business Daily Dafeng News reporter that the project had general contracting and subcontracting, and they were working for small contractors. At that time, only 3000 yuan of living expenses were paid. After finishing the work, they were asked to go home first, saying that the rest of the money would be paid at the end of the year. At the end of the year, when they came to ask for money, they said that they had not been paid. Each of the three people owed more than 10000 yuan, totaling about 50000 yuan. At that time, there were more than ten other people who were in arrears.
"We went to the labor inspection team of Airport New Town to complain, and asked them to fill in the information, accepted it, and contacted the green land project. At that time, they said that we could get the annual money." Master Zhou said that everyone was very happy at that time, but it was the third year.
According to the questionnaire on arrears of migrant workers' wages by the labor and social security supervision detachment in Xixian New Area, Shaanxi Province with red fingerprints
Wages have been delayed for months and months
His son has leukemia and is heavily in debt
Master Zhou said that he didn't give money at the end of the year. He said that he would give money after the year, and he didn't give money after the year, so he kept dragging on. This case assigned a staff member who also added WeChat to the other party. He often called WeChat to inquire about the progress. As a result, he waited indefinitely. "Today says tomorrow, tomorrow says the day after tomorrow. In February 2023, he was asked to fill in the form again, and said that he would pay the money after filling in the form, but the result was still delayed. It was delayed month after month, year after year. Don't know when to delay?" Master Zhou felt powerless when he mentioned the difficult salary process.
To make matters worse, Master Zhou's 14-year-old son was diagnosed with acute leukemia in the summer vacation of 2020 and intermittently treated in Xi'an Children's Hospital. He has spent hundreds of thousands of yuan to save the child, borrowed relatives and friends, and had to repay the online loan. He also told the staff of the Labor Inspection Brigade about the child's illness, but he still hasn't received wages until now. "I worked hard to cure my son," he said, noting that in recent years, life has been very difficult and there is no hope.
Master Zhou's 14-year-old son will be diagnosed with acute leukemia in the summer vacation of 2020
Labor inspectors have a positive attitude on WeChat
But it didn't work out for more than two years
In a questionnaire on the arrears of migrant workers' wages by the labor security supervision detachment in Xixian New Area, Shaanxi Province, with a red hand print, it is shown that the respondent is Master Zhou, the project of employment "Water and electricity installation of buildings 7, 8, 9 and 11 of Phase IV of Airport Greenland New Town (Niu's team)", and the employer "Shanghai Greenland Construction Group Co., Ltd.", whose arrears of wages will be from the middle of October 2021 to the end of November 2021, The labor volume is calculated by piece, and the agreed method is to settle by point. The total salary is 21315 yuan, the paid salary is 3000 yuan, and 18315 yuan is owed. The employee has left his job. It was signed in February 2023.
In the WeChat conversation between Master Zhou and the staff of the Airport New City Labor Inspection Brigade in charge of this matter, we can see that the staff said on February 6, "Yes, I received it. Come here on the 17th of the first month." After a few days, we asked again, and the staff replied, "The people on the project will come here this week. After that, I will contact you as soon as I see them. I didn't come, so I didn't contact you. You can rest assured. I will contact you as soon as they come back, and they will come back soon. " On March 4, he said, "I will contact you this week", and on May 6, at 3:00 p.m., he said, "Meet you at the airport at this point tomorrow"
Labor inspectors have a positive attitude on WeChat
It can be seen from the above dialogue records that the staff member of the labor inspection team of Airport New Town is also actively handling it, but there is no result. "In addition to WeChat communication, I have called him countless times, and I have also visited him in Airport New City, but I haven't received a penny yet." Master Zhou was helpless.
On the morning of the 25th, a reporter from Dafeng News of the Chinese Business Daily called the staff member. When he heard that the reporter reported that Master Zhou was asking for salary, he immediately responded that he was a Green Land Phase IV project. "I also contacted him on the 24th and planned to meet him next week." Then I said that it was inconvenient to have an emergency at home, and I will communicate with the reporter next week.
The reporter then repeatedly called the labor supervision team of Airport New Town and Xixian New District, but failed to contact them.
On December 25, 2023, Xixian New Area issued a Notice on the Opening of Online Reporting and Complaint Channels by the Labor and Social Security Supervision Detachment of Xixian New Area
Xixian asked:
We should be considerate to resolve all kinds of salary arrears as soon as possible
The reporter noticed that according to the official website of Xixian New Area, on December 12, 2023, Xixian New Area held a special winter action deployment and promotion meeting to eradicate wage arrears, and requested to learn from the Regulations on Ensuring the Payment of Migrant Workers' Wages, and earnestly implement industry supervision and territorial management responsibilities. We should take heart to heart, resolve all kinds of hidden dangers of wage arrears as soon as possible with feelings, and settle the wages of migrant workers as soon as possible. It is necessary to continue to maintain the wartime state, implement special shift scheduling, implement "1+5" and "one office style office", conduct wall chart operations, reverse the construction period, and study and judge the hidden dangers of salary arrears one by one and resolve them one by one.
On December 25, 2023, another Notice on the Opening of Online Reporting and Complaint Channels by the Labor Security Supervision Detachment of Xixian New Area was issued. The notice said that the labor security supervision detachment of Xixian New Area focused on the work goal of "eradicating wage arrears", took ensuring the timely and full payment of migrant workers' wages as an important political task, insisted on both prevention and resolution, earnestly implemented various systems of "eradicating wage arrears", increased law enforcement and punishment, and vigorously cracked down on all kinds of illegal wage arrears, Let every worker who has worked hard for the development of Xixian New Area feel warm and rewarding. In order to better protect the legitimate rights and interests of the majority of workers, the labor security supervision detachment of Xixian New Area now opens an online reporting and complaint channel, and posts the two-dimensional code of reporting and complaint to various enterprises, project sites and other employers, so as to facilitate complaints and quickly accept them. At the same time, it publicizes the complaint telephone numbers of several labor supervision teams in the area under its jurisdiction.
Lawyer's statement
The labor supervision department should strictly enforce the law and punish the units with salary arrears
Additional compensation for overdue payment
Zhao Liangshan, a senior partner of Shaanxi Hengda Law Firm and a well-known public welfare lawyer, said that China has established a wage guarantee system for migrant workers. The Regulations on the Payment of Migrant Workers' Wages clearly requires that the construction general contractor should set up a special account for migrant workers' wages in accordance with relevant regulations, which is specifically used to pay migrant workers' wages for the construction project. The subcontractor shall be directly responsible for the real name management and salary payment of the migrant workers recruited. The general construction contractor shall supervise the labor employment and wage payment of subcontractors.
Zhao Liangshan believes that neither the construction unit nor the general contractor of construction has set up a special account for migrant workers' wages as required, which makes it impossible to earmark funds for specific purposes. If the contractor defaults on migrant workers' wages, according to Article 9 of the Opinions of the General Office of the State Council on comprehensively tackling the problem of arrears of migrant workers' wages, it is required to implement the responsibility of paying off arrears of wages. Enterprises that employ migrant workers bear the main responsibility of directly paying off the wages owed to migrant workers. In the field of project construction, if the construction unit or the general construction contractor fails to allocate the project funds in time as agreed in the contract, resulting in the subcontractor defaulting on the wages of migrant workers, the construction unit or the general construction contractor shall advance the wages of migrant workers to the extent of the outstanding project funds. If the construction unit or the construction general contracting enterprise illegally contracts, subcontracts or illegally subcontracts the project, resulting in the arrears of migrant workers' wages, the construction unit or the construction general contracting enterprise shall bear the liability for repayment according to law. It can be seen that if the construction unit and the general contractor involved in the case have illegal subcontracting, they are all at fault for the wage arrears of migrant workers involved in the case, and should bear the corresponding responsibility for payment.
Zhao Liangshan reminded that construction enterprises and general construction contractors should strengthen supervision, so that the establishment of a special account system for migrant workers' wages can be implemented to prevent similar events from happening again. Migrant workers can provide relevant evidence of specific working hours so that relevant units can pay wages on behalf.
The labor supervision brigade may, in accordance with Article 26 of the Regulations on Labor and Social Security Supervision, order the labor and social security administrative department to pay the wages of workers within a specified time limit for enterprises and labor contractors who are in arrears of wages. If they do not pay the wages within the specified time limit, the employer shall be ordered to pay compensation to workers based on the standard of 50% or less of the amount payable. In addition, according to Article 26 of the Regulations on Labor and Social Security Supervision, a fine between 2000 yuan and 20000 yuan can be imposed. In dealing with the problem of migrant workers' unpaid wages, in order to protect their interests, the labor supervision department should strictly enforce the law. If the labor supervision brigade fails to take the above measures, such as ordering enterprises and labor contractors to pay wages in arrears within a specified time limit, ordering them to pay compensation, and imposing fines, for as long as two years, it is inevitable that people will question the administrative ability of the labor supervision brigade.
Zhao Liangshan suggested that when migrant workers found that the labor supervision team had failed to deal with the problem, they should file a labor arbitration with the local labor dispute arbitration committee as soon as possible. After the labor arbitration award, the enterprise and the contractor still refused to pay, and then migrant workers could apply to the court for enforcement.
The general contractor shall pay off in advance
Attention should be paid to collecting evidence in safeguarding the rights of migrant workers
Chen Hao, the chief lawyer of Shaanxi Dezun Law Firm, said that behind the hard money of migrant workers is the support of a family. Protecting the legitimate rights and interests of migrant workers according to law is not only related to their personal interests, but also related to social fairness, justice, harmony and stability. He said that the Regulations on Protecting the Payment of Migrant Workers' Wages will come into force on May 1, 2020. This is China's first special law to protect migrant workers' wage rights and interests, so that migrant workers' wages can be guaranteed and their rights can be protected. Article 30 of the Regulations stipulates that subcontracting units shall be directly responsible for the real name management and salary payment of migrant workers recruited. The general construction contractor shall supervise the labor employment and wage payment of subcontractors. If the subcontractor defaults on the wages of migrant workers, the general construction contractor shall first pay off, and then recover according to law.
That is to say, if the subcontractor defaults on the wages of migrant workers, the general contractor of construction will pay off the arrears first, and then recover the arrears according to law. The core purpose is to let migrant workers get their wages first.
Chen Hao suggested that the most important thing for migrant workers to ask for wages is to prove the evidence that the contractor or the unit is in arrears with wages, such as recruitment records, labor contracts, employee rosters and attendance records; Work permit, work card, pass, meal ticket, overtime record, deposit receipt, wage bill, etc. On the basis of evidence materials, the labor supervision brigade and the people's mediation committee can be asked to mediate. If the mediation fails, you can choose to apply for labor arbitration or bring a lawsuit to the court.
