The Ministry of Human Resources and Social Security ("MOHRSS") has recently issued the Regulations on Ensuring Payment of Wages for Migrant Workers (Draft for Comment) (the "Draft for Comment") for public comment by September 12, 2019.
The Draft for Comment provides clarity on the following key issues. The first is clearly specifying the scope of application and the key aspects to be regulated. It is provided that "these Regulations apply to work on ensuring payment of wages for migrant workers", and these Regulations apply mutatis mutandis to work on ensuring payment of wages for other laborers, with exception of special safeguard measures applicable to the field of engineering construction". "Migrant workers are entitled to receiving remuneration in full and on time according to law after offering labor services. No entity, organization or individual may fall into arrears with or reduce such remuneration without cause." The second is setting out responsibilities of the government and clarifying the corresponding legal and disciplinary liability. The third is providing for the subjects responsible for settlement and payment of wages owed to migrant workers. The fourth is introducing preventive provisions for wage arrears resulting from arrears of project payments in the construction sector. The fifth is launching such safeguard measures as deposits for wage, to regulate employment and wage payment in the construction sector. The sixth is calling on all related departments to intensify supervisory checks. The seventh is laying out the punishments on wage arrears.