| At present, the problem of defaults on laborers' remunerations happens often, and this invades migrant workers' survival and development, and tampers with building harmonious sociality. So it is necessary to probe into the status and the reasons of defaults on migrant workers' remunerations. The paper was based on the investigating payment of migrant workers' remunerations on random, summarized interrelated provisions about payment of remuneration in Labor Law and other regulations in china systemically and analyzed the limitations and deficiencies. Meanwhile, the paper introduced interrelated provisions about determining the nature of remunerations and remunerations security systems, which enacted in International Labor Organization, Hongkong, Korea, Japan and France by the way of comparative study, and tabled some feasible proposals on perfection of the interrelated provisions in China. The main points of view in the paper were the following: Firstly, the nature of remunerations should be determined as the price of labor force. Once workers discharge their obligations, they gain the right of getting remunerations. Enterprises should burden the running costs and risks, and the failure of business or liability to third parties could not be the excuse for defaults on laborers' remunerations. Secondly, remunerations security systems were proposed to be enacted. The National People's Congress, the Standing Committee of the National People's Congress or the State Council authorized can enact some basic legal framework on these systems, and every province or municipality can enact detailed operational guidelines, so remunerations security systems will be not only endowed high legal effect, but implemented effectively. Thirdly, to protect workers' interests, workers' remunerations priority was advised in the situation when more than one claims to one debtor overlapped. And workers' different remunerations priorities were preferred all creditors including hypothecary creditors, or just preferred other non-hypothec creditors. Fourthly, it is necessary to perfect Chinese remunerations disputes setting process mechanism, such as strengthening the functions of labor unions, making the processes of remunerations... |
