Boundaries and differences;

The main reason for wage arrears

1, advance payment of project funds is one of the fundamental reasons for wage arrears. According to the survey, there is such an unwritten "hidden rule": most development units regard "construction enterprise prepaying project funds" as a necessary condition for bidding. When the project progresses to a certain extent, the developer will allocate the project funds to the construction unit in stages, which lays the foundation for the problem of wage arrears. A common situation is that when the project is completed, developers often default on the project payment of the construction unit on the grounds of poor sales of commercial housing, which directly leads to the arrears of wages of migrant workers by the construction unit. From this perspective, advance payment and subcontracting are important reasons for the arrears of wages for migrant workers. For example, Pang Youqing of Dongzi Village, Guifu Town, Quxian County, the couple worked outside for many years. In 2004, they were introduced by relatives and friends to work in a construction site in Fuzhou. One year later, they not only failed to get a salary of nearly 20,000 yuan, but also borrowed nearly 3,000 yuan from relatives and friends. Every time I ask the boss for money, the boss refuses to give it on the grounds that the project is not finished. We asked him why he didn't sign the labor contract, and he said, I can't help it if others don't sign it.

2, the arrears of wages as a means to retain people. It is very common to use tail debt as a means of retaining people in the construction industry. Contractors are generally worried that they will be short of manpower after the Spring Festival, or they will go to other contractors, often defaulting on part of the wages of migrant workers, usually around 600 yuan, forcing migrant workers to continue working under them next year.

3. The employer intentionally breaches the contract. More common in catering, clothing, shoes and other enterprises, employers deliberately default, money will not be given to migrant workers. For example, Liu Xiaoqin, a 30-year-old from Qinqin Village, Yongxing Town, Qu County, went to work in a garment factory in Fuzhou under the recommendation of his fellow villagers. Liu Xiaoqin negotiated with the boss of the company to implement piecework salary. The salary payment method is one month in January, that is, the salary for working in the factory in the first month is to pay money. A few months before entering the factory, the factory had good benefits and was able to get the salary agreed by both parties. However, in the next few months, there was no job in the factory, so she couldn't afford it, so she went to work in another factory in June 5438 +2004 10. Up to now, she still hasn't got the salary of 700 yuan, but she doesn't want it after asking several times. She said it didn't seem necessary. We asked her why she didn't sign a labor contract. She said, "I have been working outside for so many years and I really want to sign a labor contract, but I haven't signed it, because I can't enter the factory after signing the contract."

Due to the poor management of some enterprises, the wages of migrant workers can be collected on time from time to time. For example, Li in Guifu Town Village, Quxian County works in Shanxi Coal Mine. This year, he should have received 1 1 000 yuan for his work, but he only received 3600 yuan. It stands to reason that coal prices have risen this year, so it is not a problem to pay wages. But I still didn't get paid. The main reason is that there is no money to pay for the accidents caused by poor management of coal plants.

5. Poor legal awareness of migrant workers leads to unpaid wages. Migrant workers' ability to protect themselves by law is low. They believe that whether or not to give money, or when to give money, is the boss's business, and there is nothing they can do. For example, Zhang Yongxiang, a migrant worker in Qinqin Village, Yongxing Town, Qu County, is 4 1 year old. In March 2004, he went to Guangzhou to work in the construction industry. When he went, he agreed with his boss that he would pay 30 yuan a day for food and shelter. Because there was no money to buy fertilizer at home, I asked my boss for 500 yuan halfway. 65438+went home in late February, and the boss said that the bill could not be settled until the project was completed. What is the account for borrowing 500 yuan? Go back and wait for next year. Zhang Yongxiang had no choice but to go home. For example, according to 800 yuan's monthly salary, he didn't get 6,700 yuan. Speaking of this place, a villager around said that he was not bad, and maybe he could get it back. Li Xueming, whom I know, worked in Fuzhou construction industry for more than a year. Not only did he not get his salary, but he was beaten by his boss when he was begging for it, so he hid in the sewer for one night and secretly ran home by train the next day. Because the boss is very influential in the local area, he dare not take it anymore. They think, don't find those small contractors, especially those who don't keep their promises. They use advance payment to support your daily life. If one day you leave, it's hard to get back the money he owes you.

6, the government project funding gap is large, resulting in arrears. In some local government leaders, in order to engage in the "image project", they either have no money to launch or make mistakes in decision-making, resulting in the inability to withdraw funds. In this way, a huge "debt chain" cannot be solved: if the construction unit does not pay the project money to the contractor or the contractor, the contractor or the contractor will have no money to pay the wages to the migrant workers. Therefore, in many cases, the contractor or contractor is also a victim, and the degree of injury is more serious than that of migrant workers. Builders often form "alliances" with migrant workers to support and encourage migrant workers to ask for wages.

The following measures are recommended:

1. Establish a restraint and guarantee mechanism for construction enterprises to pay migrant workers' wages, and fundamentally solve the problem of wage arrears for migrant workers. First, before obtaining the construction permit, the construction enterprise shall pay the employee wage guarantee fund to the administrative department of labor and social security where the project is located according to a certain proportion of the project contract price, and the wage guarantee fund shall be charged in the project contract price for special purposes. Second, the administrative department of labor and social security will promptly deposit the wage security fund in the designated bank, store it in a special account and use it for special purposes. Third, when recruiting migrant workers, construction enterprises must sign labor contracts with migrant workers. Migrant workers shall enjoy the rights of labor remuneration, rest and vacation, labor safety and health, insurance benefits, etc., and shall hold the roster of migrant workers to the local labor and social security administrative department for the record within the prescribed time limit. Fourth, construction enterprises should pay the wages of migrant workers in full monthly in the form of currency. If the construction period is less than one month, or if both parties agree to pay wages for less than one month, it shall be agreed separately. Fifth, during the construction period and within 60 days after the completion of the project, if the wages of migrant workers are in arrears, the administrative department of labor security will start the wage guarantee fund and pay the wages of migrant workers in arrears in time.

2. Strictly standardize the approval procedures for new projects. For construction projects with insufficient construction funds, the project approval shall not be handled, the project shall not be approved, and the construction shall not be started, so that new accounts are not owed, and old accounts shall be paid off within a time limit.

3. Establish enterprise credit file system. For real estate and construction enterprises that have the problem of wage arrears to farmers, the competent department will record them in the enterprise credit files and announce them to the public through the media. The real estate and construction enterprises that fail to pay off their debts in time will be exposed to the public.

4. Establish daily working mechanism and supervision mechanism. By setting up a telephone number to report and complain about arrears, we will strengthen the supervision of real estate development enterprises and construction enterprises, urge enterprises in various construction fields to pay the wages of migrant workers according to law, implement the responsibility of paying off debts, and timely cash the wages of migrant workers.

5. Establish an emergency working capital system for unpaid wages. The emergency fund for the protection of unpaid wages is mainly composed of some funds from the government finance, which is specially used to deal with sudden and group disputes over unpaid wages. At present, Jiaxing and Wenzhou in Zhejiang Province have established this system. Mainly for the special group of migrant workers, their ability to resist market risks is relatively weak. In the case that administrative relief and judicial relief have unacceptable time costs and complicated procedures for migrant workers, the temporary living relief for migrant workers is effectively guaranteed.

6. Improve migrant workers' awareness of legal rights protection. Strengthen the publicity of relevant national laws and regulations, and further improve farmers' awareness of laws and regulations protection. The relevant departments should set up a telephone number to report the wage arrears of migrant workers. Once the project payment is found in arrears, farmers' friends can report it to the government in time.

7, the state should continue to control the scale of investment in fixed assets, strengthen supervision of investment projects, curb unreasonable investment behavior, in order to effectively prevent the occurrence of new arrears.

The default of project payment is the outstanding performance of the current irregular construction market and the deterioration of the competitive environment. This stubborn disease has made construction enterprises suffer greatly. In view of this situation, Tan Qinglian, member of Chinese People's Political Consultative Conference and former vice minister of the Ministry of Construction, shouted loudly that the problem of arrears in project payment has reached the point where it must be solved.

Tan Qinglian said that it is very timely for Premier Zhu Rongji to discuss the rectification of various markets, including the construction market, as a very important content in his government work report. Since 1995, the Ministry of Construction has taken rectifying and improving the physical construction market as a major event, and implemented one-stop office and one-stop service, which not only strengthened management, but also provided services for owners and contractors. The winning bid rate is rising, and fewer and fewer projects are not handled according to the capital construction procedures, and considerable results have been achieved. But at the same time, there are still some problems in management, such as what is the standard of bidding, especially for some civil buildings, whether the lowest bid is the most reasonable and so on. In addition, although the bidding process has always been open and transparent, before and after the bidding, the owner privately put forward many unreasonable requirements for the contractor, such as bringing capital, contracting with advance capital, or what awards the construction enterprise must achieve. However, construction enterprises are suffering from lack of food and have to reluctantly support them. Therefore, after 1995, the phenomenon of contracting with capital and advance payment by construction enterprises became more and more serious, which led to the problem of arrears in project payment.

According to incomplete statistics, by 1990, the national arrears of project funds were nearly 3.5 billion yuan, but by 1995, it soared to 60 billion yuan, and by the end of 1998, it reached 357 billion yuan, and it is still growing. According to the survey, at present, the arrears of construction funds by construction enterprises have accounted for 38.5% of the construction output value completed in the same period. Among them, the arrears within 1 year account for 45.2% of the total arrears, 1 2 years accounts for 24.3%, 2-3 years accounts for 18.9%, and more than 3 years accounts for1/0.6%. There are government projects, state-owned enterprises projects, private enterprises projects and foreign-funded projects in arrears. Projects in arrears generally account for more than 50% of the total number of projects under construction and completed in the same period, especially real estate development projects, large and extra-large projects.

Regarding the harm caused by the arrears of project funds, Tan Qinglian said with great anxiety that it is no exaggeration to use the word "huge" to describe the harm caused by the arrears of project funds. First, it affects the survival and development of construction enterprises. Construction enterprises are labor-intensive and low-profit enterprises. Before the reform, the legal profit of Chinese construction enterprises was only about 2.5% to 3%. After entering the market, with the intensification of competition, enterprises compete to reduce prices, which is inherently difficult and even more miserable. Second, it affects the whole construction market and cannot operate normally according to the norms; Third, it has left hidden dangers for the quality and safety of the project. Due to the shortage of funds, some construction enterprises have to work hard on materials and technology, and even some necessary safety measures for construction workers are not guaranteed; Fourth, it affects social stability.

Tan Qinglian said that there are many reasons for defaulting on the project payment. The first one is the project invested by the government. In order to engage in image projects, some local governments have no money to force the launch, requiring construction enterprises to bring capital and advance capital, but they are unable to return it. According to the recent statistics of large and medium-sized construction enterprises in Seven Cities 12, by the end of 2006, the seven cities were in arrears with the project funds of 4,765,438+72.4 million yuan, of which the government projects were in arrears of 13.36%. 65,438+02 owes 97,965,438+0 billion yuan to large and medium-sized construction enterprises, of which 47.78% is owed to government projects. The second situation is to mount the horse blindly and make mistakes. Investors failed to conduct feasibility study, made mistakes in project decision-making, and the funds could not be withdrawn, resulting in arrears. The third way is to engage in "trilateral" projects without following the capital construction procedures, resulting in arrears. The fourth is malicious breach of contract. In addition, a few construction enterprises are in arrears due to unclear contracts, disputes over quality and construction period.

The arrears of project funds have reached the point where they must be solved. Tan Qinglian suggested that the settlement of project payment arrears is divided into two parts, the first part is to solve historical arrears, and the second part is to prevent new arrears. He said that to solve the historical debt, we must first unify our thinking and raise our understanding. Taking the treatment of arrears of project funds as an important part of rectifying and standardizing the order of the construction market, the Ministry of Construction, the Ministry of Supervision, the State Planning Commission, the Ministry of Finance, China Construction Bank, transportation, water conservancy, railways, information industry, civil aviation and other departments jointly issued a document to comprehensively clean up arrears of project funds and make comprehensive provisions. Secondly, some powerful measures should be taken. For example, all departments, units and enterprises (including private enterprises) that are in arrears with the project payment may not start new projects before paying off the arrears of the project payment, and banks should also cooperate with freezing all their funds to ensure repayment; For rich owners, they should be asked to pay back the money, and those who have no money should be compensated with fixed assets and real estate. It will take two or three years to pay back gradually. Regarding the prevention of new arrears, first, strengthen the construction of the legal system, establish and improve relevant laws and regulations to prevent arrears of project funds, and strictly enforce them according to the law and regulations; Second, we should adjust the structure, compress and control the scale of the construction team; The third is to establish a project risk management system with project guarantee as the main content; Fourth, we should strengthen contract management and quality management to prevent contract disputes and new breaches.