Study On The Problems And Solutions Of Wage Arrears For China’s Migrant Workers

It has been ten years since Premier Wen Jiabao helped farmer-turned workers to ask for payment in2003.Why has it not yet been solved? There are two reasons:first, we have not found out the real reasons that lead to wage arrears; second, the measures we have done are not in place, some are unfit for our original desires. Wage arrears are closely related with our special national conditions、social-cultural and political systems. Our urban and rural areas are isolated in household registration system. The labor market is oversupply. There are illegal operations in many businesses. The oversight measures of law enforcement agencies are ineffective. The safeguards are not in place. Farmer-turned workers are weak in law awareness. These are the reasons lead to the problem of farmer-turned workers’wage arrears. Arrears of farmer-turned workers’wages affect the rights and interests of farmer-turned workers, and the lives of their families. Disputes on wages may cause collective petitions and mass incidents, and even lead to the occurrence of malignant cases, which will seriously affect social stability and public security. To solve the problem of wages arrears for farmer-turned rural workers is of vital importance to social equity and justice and the establishment of a harmonious society. By analyzing the reasons of generated arrears and unpaid wages for farmer-turned workers, I suggest the following measures:(A) Strengthen the integrity of the labor and social security construction. To gradually establish a rigorous credit management system to protect the integrity of a system of notification, the establishment of wages on information disclosure system, improve the payment system of penalties for violations;(B) We should change the concept of government performance, strengthen the supervision of the government investment projects, rigorously pursue the responsibility of the government triggered arrears of wages, strengthen legislative work of the supervision of government investment projects, further improve and standardize the construction program of the government investment projects, and strengthen supervision to the leading term of the government and its departments of government investment project, strengthen labor inspection organization and team building, build labor interests balancing mechanism, improve the linkage mechanism for dealing with wage events, speed up the construction of labor and social security information, achieve a high degree of sharing of information within the system, and to improve the integration and comprehensive utilization of resources. Labor security supervision organizations need to strengthen the construction of the supporting system in accordance with the provisions of the relevant laws and regulations, enforcement procedures, and to strengthen the day-to-day management and self-construction, to improve the overall quality of the labor security supervision team. As for cases of violation of labor laws and regulations, we must respond quickly. To prevent the problem of arrears of wages, the government departments should be strong, uniting various active organizations such as trade unions, labor arbitration institutions. All levels of the legal aid center could play an active role, improve the working mechanism, and establish a mechanism for long-term role to guide farmer-turned workers safeguard their legal rights and interests through advocacy group consciously;(C) Further improve the legal guarantee of the payment of wages. Formulate local regulations to prevent arrears of wages, strengthen wage payment supervision. Make clear the regulatory functions of government departments to urge enterprises to pay wages. Establish the early warning mechanism of enterprise payment of wages, wage payment reporting system, and wages accountability system. Standardize the wage payment behavior responsibility for the payment of wages, and take appropriate measures to restrain wage arrears and give enterprises strong punishes. Prevent or reduce the problems of enterprises in arrears of wages for workers from the source. Perfect the wage work joint conference system, a sound working mechanism to resolve the wage arrears for farmer-turned rural workers. And labor and social security departments should strengthen cooperation and collaboration with the public security, industry and commerce, taxation, other functional departments and the judiciary, improve special law enforcement, make clear of all departments responsibilities, ensure that the work is carried out; strengthen the management of labor contract, guide enterprises and farmer-turned workers in accordance with the law sign a labor contract. Increase the labor contract signing rate, and from the source to reduce the enterprise wage arrears. Guarantee smooth flow of complaints by improving the quality and efficiency of case handlings. According to the law on the wage arrears, measures should be effective, prevent malicious arrears for farmer-turned workers, who have violated laws must be punished, and be exposed resolutely. Exposures fully reflect the majesty of the law and authority. Strengthen legal advocacy, education and training; improve the law awareness of the whole society. Through various means, vigorously promote labor laws and regulations, law education of the whole society and all citizens, enhance the law awareness of responsible persons; improve the awareness and ability of farmer-turned workers to safeguard the legitimate rights and interests of themselves. We must strengthen the supervision. The media should promote knowledge of labor laws and regulations, timely report the payment activities of the department of labor and social security. Arrears of wages must be exposed to guide public opinion;(D) Perfect the comprehensive protection of the payment system, payment deposit system, and shorten the payment cycle, and to put forward weekly wage system;(E) Establish wage payment monitoring system, change the passive administration mode and strengthen publicity and public monitoring, learn from foreign social security management mode, establish the monitoring system of wage payment, prevent corporations hide risk and arrear wages;(F)Introduce market mechanisms, and establish commercial insurance protection mechanism.