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Urgent Notice of The General Office of the State Council on Effectively Solving the Problem of Enterprises' Arrears in Wages of Migrant Workers (No.4 [2010] of The State Council Inventing Electric)

State Council Invention Electricity (2010) No.4

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government, Ministries and commissions of the State Council and institutions directly under The State Council:

Recently, there have been a series of mass incidents in some regions caused by enterprises, especially in the construction sector, defaulting on the wages of migrant workers, seriously affecting social stability. The CPC Central Committee and The State Council have attached great importance to this and urged all regions and relevant departments and units to step up efforts to effectively solve the problem of unpaid wages of migrant workers by enterprises. Approved by The State Council, the urgent notice is as follows:

1. All regions and departments concerned should further unify their thinking and understanding, take solving the problem of late payment of wages to migrant workers by enterprises as an important and urgent task at present from the perspective of maintaining social stability, and ensure that all measures are put into effect. The responsibilities of local people's governments at all levels and relevant departments are further clarified in accordance with the principles of territorial management, responsibility at different levels and who is in charge of who is responsible, with people's governments at the provincial level assuming overall responsibility. Human resources and social security departments should strengthen the organization, coordination, supervision and inspection of the settlement of enterprises' arrears of wages to migrant workers, and intensify supervision and law enforcement of labor security and mediation of labor disputes. Housing and urban-rural development, development and reform, supervision and finance departments and trade unions should, in accordance with their respective responsibilities, actively do a good job in resolving arrears in construction payments and wages owed to migrant workers by enterprises.

Second, we will carry out special inspections on the payment of wages for rural migrant workers and earnestly safeguard their legitimate rights and interests. Local people's governments at all levels should, on the basis of general inspection, concentrate their efforts on solving the problem of late payment of wages to migrant workers by enterprises in the construction field. We should pay close attention to the organization of all construction projects in the administrative region to pay migrant workers wages one by one investigation, found wage arrears or unpaid pay signs timely urge enterprises to properly solve; We should also address the problem of historical wage arrears in the construction sector, which has been the subject of complaints. It is necessary to strengthen the linkage of administration and judicature and intensify the prevention and attack of unpaid salary evasion. For labor disputes caused by wage arrears, a "green channel" should be opened for dispute settlement. Those that meet the conditions for filing cases should be filed immediately, quickly adjusted, and strive to be settled before the Spring Festival. In cases of wage arrears that meet the requirements of pre-execution of the ruling, the ruling may be pre-execution on the basis of the laborer's application.

3. Urge enterprises to fulfill their main responsibility for paying off wages owed to migrant workers. All types of enterprises should pay migrant workers their wages in full and on time in accordance with the law. The arrears recovered by construction project contracting enterprises shall be used first to pay the wages of migrant workers who are in arrears. Where the construction unit or the general contracting enterprise fails to settle the project payment with the construction contracting enterprise as agreed in the contract, thus causing the construction contracting enterprise to delay payment of wages to migrant workers, the construction unit or the general contracting enterprise shall pay the wages in arrears in advance. If a general contracting enterprise contracts or subcontracts to an organization or individual that does not have the qualification of the main body of labor in violation of regulations, the general contracting enterprise shall assume the responsibility of paying off the wages of migrant workers in arrears.

Step up efforts to solve the problem of overdue project payments in the construction sector. For projects invested by the government, the government at the corresponding level shall settle the overdue payment within a time limit; Where wages of rural migrant workers are in arrears, the arrears shall be paid in advance. For real estate development and other projects have been overdue construction funds, to urge the construction units to repay within a time limit; In case of arrears in wages of rural migrant workers, the arrears shall be paid in advance; To the project that does not have reimbursement ability, can adopt the measure such as asset realization to raise reimbursement fund. Relevant government departments should timely and accurately provide the people's court with the information of the construction unit in arrears of project funds to help the construction enterprise solve the problem of arrears of project funds through legal channels. For the arrears of project payments that have entered the execution stage through litigation procedures, we should cooperate and support the people's courts to increase the execution. Where the overdue project payment becomes a "dead account" due to the bankruptcy of the construction unit or other special reasons, the relevant departments and the local people's government shall properly settle the matter.

5. Accelerate the improvement of the long-term mechanism for preventing and resolving wage arrears of rural migrant workers. Local people's governments at all levels and relevant departments should step up efforts to improve the laws and policies on the payment of wages by enterprises, establish a sound system of abiding by law and sincerity on labor security and a monitoring system of wage payment, improve the system of wage security deposit, strengthen supervision and law enforcement on labor security, and ensure that the wages of rural migrant workers are paid in full on a monthly basis. We should further standardize the subcontracting behavior of construction projects, strengthen the management of construction project funds, and prevent the problem of wage arrears of migrant workers caused by the arrears of project payment from the source. Local governments that fail to solve the problem of overdue payment for government-invested projects will no longer be allowed to build new government-invested projects except for very special ones. With respect to real estate development enterprises with delinquent project payment, no approval shall be given for their new development and construction projects and land use procedures shall be handled for them. Construction enterprises in arrears of wages for migrant workers will be subject to restrictions on market access, bidding qualifications and construction permits for new projects in accordance with the law, and will be punished accordingly.

Local people's governments at all levels should further improve their emergency working mechanisms, improve emergency plans, promptly and properly handle mass disturbances caused by the issue of unpaid wages for migrant workers, and resolutely prevent the spread of the situation. For the arrears of wages for a long time, involving a large amount, which cannot be solved for the time being, we should advance part of the wages through the use of emergency working capital and other financial channels, or give necessary living assistance to migrant workers who are in arrears, to help them solve their living difficulties. At the same time, we should strengthen the guidance of public opinion, do a good job of persuasion, and guide rural migrant workers to use rational and legal means to safeguard their rights and interests.

The people's governments of all provinces (autonomous regions and municipalities) shall organize and carry out special inspections before the Spring Festival, and the Ministry of Human Resources and Social Security shall conduct key inspections together with the member units of the Inter-ministerial Joint Conference on Solving the Problem of Enterprise Wage Arrears. If the supervision responsibility is not implemented, the work is not in place, and the wage arrears of government-invested projects lead to serious mass incidents, the directly responsible persons and relevant leaders shall be investigated for responsibility. '

General Office of the State Council

February 5, 2010