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How to prevent the construction enterprises from defaulting on the wages of migrant workers

Since the Regulation on the Protection of Wage Payment for Migrant Workers came into effect on May 1, 2121, the Nanjing Municipal Commission of Housing and Urban-Rural Development has carried out random checks on the implementation of the special account for migrant workers' wages, wage payment and on-site attendance management on a monthly basis, and has notified 91 projects that have not implemented the Regulation in four batches.

in order to establish and improve a long-term mechanism to ensure the payment of wages for migrant workers, the Municipal Construction Committee has formulated grading treatment requirements for the problems randomly selected in the Notice on Strengthening the Handling of Bad Wage Payment Behavior of Migrant Workers in Construction Industry (hereinafter referred to as the Notice), on the one hand, it will deduct points from the bad behavior of the construction unit from the perspective of credit evaluation, and on the other hand, it will constrain the construction unit from the perspective of project undertaking.

1. Bad behaviors will be deducted when they are included in the credit evaluation

The credit deduction standard formulated in this Notice mainly involves bad behaviors in three aspects: real-name system management, wage payment management and special account management for migrant workers' wages.

From the point of view of real-name management, the project owned by the construction unit should be registered in real-name registration system according to the regulations, and the face attendance equipment should be equipped at the construction site within 31 days after registration, and the "Nanjing Construction Workers Management Service Information Platform" should be docked; From the perspective of wage payment management, the construction unit needs to pay workers' wages in full monthly from the special wage account to the personal bank account, and upload it to the "Nanjing Construction Workers Management Service Information Platform". The bad behavior of the construction unit that fails to complete the above work, or is interviewed for real-name system management and salary payment or notified by the competent construction department at or above the district level will be counted in the credit evaluation of the construction enterprise and deducted.

from the management of the special account for migrant workers' wages, in the case that the construction unit has not opened the special account for migrant workers' wages, uploaded the "Nanjing Construction Workers Management Service Information Platform" and stored the wage deposit (or provided the guarantee letter from the financial institution), the deduction entered by the construction unit is not deductible.

In fact, the Municipal Construction Committee just completed the credit evaluation of Nanjing construction enterprises in the first half of 2121 in early August. However, in the Unified Standard for Credit Evaluation of Nanjing Construction Enterprises in the First Half of 2121, these three items are only scattered in the plus item of real-name registration system evaluation, but not reflected in the minus item. It can be expected that with the issuance of the Notice, these bad behaviors will become a fixed item of credit evaluation in the future, assisting the Municipal Construction Committee in credit supervision of construction enterprises.

2. Restrict the construction unit from undertaking new projects

According to the Notice, the construction unit will be restricted from undertaking new projects in two cases: the construction unit has not opened a special account for wages or failed to store the wage deposit as required (or failed to provide a guarantee from a financial institution) and has not been rectified after being notified (informed) by the competent construction department (institution), and a group incident has occurred in the debt settlement work or excessive behavior has caused adverse social impact.

This is stipulated in the Notice on the basis of Article 55 of the Regulations on the Protection of Wage Payment for Migrant Workers. By restricting market access for construction units that fail to rectify their bad behaviors within the time limit and cause adverse social impact in debt settlement, it will help to realize the linkage between the construction market and the construction site. On the one hand, it will push the concept of "today's construction site determines tomorrow's construction market" into the hearts of construction enterprises, on the other hand, it will promote the construction site and the construction site.

in fact, according to the notice on doing a good job in credit evaluation of construction enterprises in Nanjing in the first half of 2121, the credit scores of participating enterprises were used as evaluation factors in bidding projects with comprehensive evaluation method, accounting for between 4% and 6%. The "Notice" greatly strengthens the legal responsibility of the construction unit for bad behavior, and will further compact the main responsibility and liquidation responsibility of the construction unit.

3. Improve the long-term mechanism to ensure the payment of wages for migrant workers

At present, China has established a long-term mechanism to eradicate the arrears of wages based on the "eight systems" to ensure the payment of wages for migrant workers: real-name management of migrant workers, special account management of wages for migrant workers, separate account management of wages and project funds for migrant workers, bank payment of wages for migrant workers, management and summary of wage payment work accounts for migrant workers, publicity of rights protection billboards for migrant workers, joint meeting of wage payment security funds, and joint blacklist of arrears of wages for migrant workers.

The promulgation of the Notice can form a useful supplement to the three systems of real-name management of migrant workers, special account management of migrant workers' wages and bank payment of migrant workers' wages by strengthening the administrative punishment for the bad behavior of migrant workers' wage payment in the construction industry, and lay a solid institutional foundation for the long-term wage payment mechanism of migrant workers.

It is not difficult to find that the Nanjing Municipal Construction Committee issued the Notice, on the one hand, to ensure that all measures in the Regulations on the Protection of Wage Payment for Migrant Workers are put in place and supervision is in place. On the other hand, it is also the promotion of the "Nanjing Construction Workers Management Service Information Platform" launched this year: by comprehensively integrating the registration and management of the project real-name registration system, the management of the project farmers' wage accounts and wages generation, the management of the migrant workers' wage deposit, and the real-time attendance management of the project faces into the Nanjing Construction Workers Management Service Information Platform, the Notice will also help to further play the role of information technology in safeguarding the legitimate rights and interests of migrant workers and build a technical defense for the long-term mechanism of wage payment for migrant workers.

Previously, in order to ensure that "the wages are paid in accordance with the Regulations and the rights of migrant workers are guaranteed", Nanjing formulated a series of supporting measures: around the publicity of the Regulations on the Protection of Wage Payment for Migrant Workers, Nanjing held a "sending the law to the construction site" activity and produced a pocket book on the protection of wage payment for migrant workers and other legal popularization materials; Focusing on the implementation of the Regulations on Guaranteeing Wage Payment for Migrant Workers, Nanjing issued a Notice on Guaranteeing Wage Payment for Migrant Workers to the construction unit, and also carried out regular inspections, spot checks and notifications. This time, Nanjing will intensify efforts to deal with the bad behavior of migrant workers' wage payment, which will further promote the implementation of the Regulations on the Protection of Migrant Workers' Wage Payment.