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How much is the wage guarantee for migrant workers and how to stipulate it?
Migrant workers' wage security deposit is an emergency security fund specially used to pay migrant workers' wages when they are in arrears. Because the state has not formulated a unified regulation similar to the Measures for the Administration of Project Quality Deposit, different implementation schemes have been formulated in light of local actual conditions, with different settings in terms of deposit subject, withdrawal ratio, payment and refund procedures, etc.

As a form of guarantee to ensure the performance of migrant workers' wage payment obligations, the characteristics of collecting before construction can play a preventive role, while the characteristics of returning after construction, combined with a higher amount, also bring about an increase in the investment cost of construction enterprises and the project cost of construction units. In recent years, there have been many innovative measures to prevent and control unpaid wages and reduce the burden on enterprises, among which differentiated management and independent payment are particularly eye-catching.

1, Differential Management of Wage Margin for Migrant Workers

According to 20 13 Notice of the State Council on Deepening the Division of Labor in the Reform of Income Distribution System and 20 16 Opinions of the State Council on Comprehensive Treatment of Wage Arrears for Migrant Workers, wage deposits are distributed in different places.

On the one hand, local policies set the deposit ratio according to the arrears. For example, in Jiangsu province, the deposit is 2% of the contract price if there is no default in the first two years, 3% if there is default in the first two years, and 4% if there is group incident caused by default. The relief for non-key projects in Anhui Province is even greater. Pay 0.5% for those who are not in arrears in the previous year, 0.4% for those who are not in arrears for two consecutive years, and exempt from the wage deposit for migrant workers for three consecutive years.

On the other hand, local policies have also adjusted the deposit standard according to the credit status of enterprises. For example, Taiyuan City, Shanxi Province, according to different grades, gives preferential policies of exemption from deposit, 20% deposit and 50% deposit to enterprises that have not found bad behavior information such as illegal subcontracting within one year on the public service platform and credit information sharing platform for supervision of construction markets at all levels. In addition, Longyan City, Fujian Province also specifically requires that construction enterprises that have been evaluated as seriously untrustworthy or blacklisted in wage payment in the past three years 1 time shall not pay wage deposit in the form of bank guarantee, guarantee guarantee or insurance guarantee.

In fact, in line with the differentiated management of the deposit, the Ministry of Housing and Urban-Rural Development and other departments 20 19 "Guiding Opinions on Accelerating the Implementation of the Deposit System for Housing Construction and Municipal Infrastructure Projects" also proposed to implement differentiated management of the wage payment deposit for migrant workers. Longyan's practice is one of the forms of differentiated management of guarantee. In addition, according to the credit evaluation results, Qingdao implemented differential rates in the wage payment guarantee insurance for migrant workers. Beijing has also made it clear that enterprises that have no record of wage arrears within three years can be exempted from wage deposit, and once wage arrears occur, they not only need to reissue the deposit, but also can directly double the amount of the deposit.

Generally speaking, all localities mainly implement the differential payment system for migrant workers' wage payment margin according to the implementation of wage payment and the credit status of enterprises, aiming at guiding enterprises to operate in good faith and standardize their operations; Correspondingly, these differences are also reflected in the rate adjustment coefficient of wage guarantee. In addition, in order to improve the management of construction workers, there are also local governments that combine enterprise labor management with real-name management on construction sites for differentiated management.

2. The wages of migrant workers are guaranteed to be paid by Li Jing.

In addition to differentiated management, various localities have also innovated the payment forms, payment units and payment supervision of migrant workers' wages.

Innovative payment forms, replacing cash deposits with insurance guarantees, bank policies and guarantee guarantees, can directly alleviate the financial pressure of enterprises and effectively reduce their operating costs. For example, Jilin Province's Notice on Adjusting the Collection Method of Wage Margin for Migrant Workers during Epidemic Prevention and Control stipulates that cash payment can be continued, and enterprises with difficult capital turnover and good credit can replace cash payment in the form of letter of guarantee; Recently, the Notice of the General Office of the Ministry of Housing and Urban-Rural Development on Strengthening the Prevention and Control of Epidemic Situation in COVID-19 and Promoting Enterprises to Resume Work in an Orderly Way put forward that "the newly-started projects during the epidemic prevention and control period can temporarily not collect the wage deposit for migrant workers", which is also aimed at the problem of tight cash flow and heavy turnover pressure caused by cash deposit.

Innovative payment units, replacing project deposits with enterprise deposits, can implement the responsibility of enterprise wage payment. For example, the "Administrative Measures for real-name registration system and Wage Payment of Construction Workers in Inner Mongolia Autonomous Region" requires construction enterprises to store different amounts of wage deposits according to different qualification levels; Zhejiang Province's Notice on Further Improving the System of Wage Payment Guarantee for Migrant Workers in Construction Enterprises also requires that the wage payment guarantee for migrant workers be paid by enterprises, not by the projects undertaken. Both places safeguard the legitimate rights and interests of migrant workers in the way of "the greater the ability, the greater the responsibility". In addition, Beijing has also formulated the payment standard of "construction general contracting enterprises are not less than 6,543,800 yuan, and professional contracting enterprises and labor subcontracting enterprises are not less than 500,000 yuan", which has implemented the main responsibility of the general contracting unit and the main responsibility of the subcontractors.

Zhejiang Quzhou Kecheng

Innovating payment supervision and replacing single supervision with collaborative supervision can build a cross-departmental, cross-disciplinary and cross-regional credit constraint and prevention and control system for unpaid wages. For example, the tripartite supervision system of migrant workers' wage deposit initiated in Guangxi has realized the closed-loop supervision of deposit with the participation of depositors, government supervision departments and commercial banks through the docking of the labor supervision information system and the bank fund supervision system; Guangdong also plans to introduce trade union organizations to implement wage deposit supervision, and play a greater role in the system through reward and punishment first.

The differential management and differential payment implemented in various places, on the one hand, tend to balance the control of unpaid wages and reduce the burden, on the other hand, better play the guarantee function of the deposit's obligation performance. In the long run, there is still room for optimization in the form, amount and subject of wage guarantee for migrant workers. On the one hand, the competent authorities should strengthen policy guidance, on the other hand, they should give play to market forces, gradually improve the wage guarantee system, and improve the long-term mechanism for eradicating wage arrears as soon as possible.