Circular of the Ministry of Human Resources and Social Security on Seeking Public Comments on the Regulations on Ensuring Payment of Wages for Migrant Workers (Draft for Comment)
Circular of the Ministry of Human Resources and Social Security on Seeking Public Comments on the Regulations on Ensuring Payment of Wages for Migrant Workers (Draft for Comment)
Circular of the Ministry of Human Resources and Social Security on Seeking Public Comments on the Regulations on Ensuring Payment of Wages for Migrant Workers (Draft for Comment)
August 13, 2019
To enhance the openness and transparency of legislation and improve the quality of legislation, the Regulations on Ensuring Payment of Wages for Migrant Workers (Draft for Comment) are issued for public comments. The public may submit their comments by any of the following ways and means:
1. Logging onto the website of the Ministry of Human Resources and Social Security (http://www.mohrss.gov.cn), click the "Policies and Regulations" on the left side of the home page, and make comments in the "Seeking Comments" column.
2. Sending comments by mail to: Department of Laws and Regulations, Ministry of Human Resources and Social Security (Address: No.3 Hepingli East Street, Dongcheng District, Beijing, 100013), and please mark on the envelope the words "Seeking Public Comments on the Regulations on Ensuring Payment of Wages for Migrant Workers (Draft for Comment)".
The deadline for feeding back comments is September 12, 2019.
Regulations on Ensuring Payment of Wages for Migrant Workers (Draft for Comment)
Chapter I General Provisions
Article 1 In accordance with the Labor Law and relevant legal provisions, these Regulations are formulated with a view to ensuring that migrant workers who have contributed labor can get their wages and remunerations in full and on time and thoroughly eradicate the phenomenon of wage arrears for migrant workers.
Article 2 These Regulations shall apply to ensuing the payment of wages for migrant workers.
As for ensuring the payment of wages for other workers, implementation shall be made with reference to these Regulations, except for special safeguard measures in the field of engineering construction.
Article 3 After providing labor, migrant workers are entitled to get their wages and remunerations in full and on time according to law. No entity, organization or individual may hold in arrears or dock such wages and remunerations without justification.
Article 4 People's governments at all levels shall give prominence to ensuring the payment of wages for migrant workers and take various measures to effectively solve the problem of wage arrears for migrant workers.
Article 5 People's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, under the leadership of the Party committees at the same level, take overall responsibility for ensuring the payment of wages for migrant workers within their respective administrative regions, establish a coordination mechanism for ensuring the payment of wages for migrant workers led by the head of the government and participated by relevant departments, and coordinate major issues in ensuring the payment of wages for migrant workers within their respective administrative regions.
Local people's governments at the city and county levels shall be specifically responsible for ensuring the payment of wages for migrant workers within their respective administrative regions.
Article 6 The departments of human resources and social security of people's governments at all levels shall be responsible for organizing, coordinating, supervising and administering work to ensure the payment of wages for migrant workers, and shall supervise and inspect the payment of wages for migrant workers according to law.
The departments of development and reform, finance, public security, housing and urban-rural development, transport, railway, water resources, justice, natural resources, the People's Bank of China, audit, taxation, market regulation and state-owned assets administration of people's governments at all levels shall, in accordance with their respective functions and responsibilities, effectively undertake administrative and supervisory work related to ensuring the payment of wages for migrant workers.
Trade unions, the Communist Youth League, women's federations and disabled persons' federations and other organizations shall safeguard the right of migrant workers to get their wages according to law.
Article 7 Local people's governments at or above the county level shall establish and improve a target responsibility system for ensuring the payment of wages for migrant workers and a system of regular supervision and inspection, to assess and supervise the relevant departments of the people's governments at the same level, as well as the people's governments at lower levels.
Chapter II Form and Cycle of Payment of Wages
Article 8 Wages shall be paid to migrant workers themselves in legal tender and shall not be replaced by payment in kind, securities or other forms of payment.
Wages may be paid to migrant workers by cash, or by bank transfer to their social security cards or wage payment bank cards. However, where there are special provisions in these Regulations, such special provisions shall be implemented.
Article 9 Employing entities shall pay wages in accordance with the wage payment cycle and specific payment date which they have agreed upon with migrant workers according to law.
Article 10 Employing entities shall pay wages in full to migrant workers at least once a month.
Where an employing entity agrees with migrant workers to implement a weekly, daily or hourly wage system, or the rules and regulations formulated according to law stipulate that a weekly, daily and hourly wage system should be implemented, wages may be paid on a weekly, daily or hourly basis.
Where an employing entity adopts the piecework wage system, the calculation of wages and the cycle of payment shall be agreed upon by the two parties, but the maximum cycle of payment shall not exceed one month.
Article 11 The specific date of wage payment shall be determined through consultation between the employing entity and migrant workers. Where the specific payment date agreed upon by the two parties falls on a holiday or rest day, payment shall be made in advance on the working day prior to the said holiday or rest day. Where the employing entity fails to pay wages on the specific payment date agreed upon by the two parties due to force majeure, it shall pay the wages on the first working day after the elimination of the said force majeure.
Article 12 Employing entities shall truthfully compile written wage payment ledgers in accordance with their wage payment cycles and keep these ledgers for at least three years after the dissolution or termination of the labor contracts.
A written wage payment ledger shall include the name of the employing entity, payment cycle, payment date, the name and ID card number of the payee, working time, payable items and amounts, withheld, pre-paid and deducted items and amounts, actually paid amount, receipt of proxy payment by bank or migrant worker's signature, etc.
When employing entities pay wages, they shall provide migrant workers with their respective payrolls.
......
August 13, 2019
To enhance the openness and transparency of legislation and improve the quality of legislation, the Regulations on Ensuring Payment of Wages for Migrant Workers (Draft for Comment) are issued for public comments. The public may submit their comments by any of the following ways and means:
1. Logging onto the website of the Ministry of Human Resources and Social Security (http://www.mohrss.gov.cn), click the "Policies and Regulations" on the left side of the home page, and make comments in the "Seeking Comments" column.
2. Sending comments by mail to: Department of Laws and Regulations, Ministry of Human Resources and Social Security (Address: No.3 Hepingli East Street, Dongcheng District, Beijing, 100013), and please mark on the envelope the words "Seeking Public Comments on the Regulations on Ensuring Payment of Wages for Migrant Workers (Draft for Comment)".
The deadline for feeding back comments is September 12, 2019.
Regulations on Ensuring Payment of Wages for Migrant Workers (Draft for Comment)
Chapter I General Provisions
Article 1 In accordance with the Labor Law and relevant legal provisions, these Regulations are formulated with a view to ensuring that migrant workers who have contributed labor can get their wages and remunerations in full and on time and thoroughly eradicate the phenomenon of wage arrears for migrant workers.
Article 2 These Regulations shall apply to ensuing the payment of wages for migrant workers.
As for ensuring the payment of wages for other workers, implementation shall be made with reference to these Regulations, except for special safeguard measures in the field of engineering construction.
Article 3 After providing labor, migrant workers are entitled to get their wages and remunerations in full and on time according to law. No entity, organization or individual may hold in arrears or dock such wages and remunerations without justification.
Article 4 People's governments at all levels shall give prominence to ensuring the payment of wages for migrant workers and take various measures to effectively solve the problem of wage arrears for migrant workers.
Article 5 People's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, under the leadership of the Party committees at the same level, take overall responsibility for ensuring the payment of wages for migrant workers within their respective administrative regions, establish a coordination mechanism for ensuring the payment of wages for migrant workers led by the head of the government and participated by relevant departments, and coordinate major issues in ensuring the payment of wages for migrant workers within their respective administrative regions.
Local people's governments at the city and county levels shall be specifically responsible for ensuring the payment of wages for migrant workers within their respective administrative regions.
Article 6 The departments of human resources and social security of people's governments at all levels shall be responsible for organizing, coordinating, supervising and administering work to ensure the payment of wages for migrant workers, and shall supervise and inspect the payment of wages for migrant workers according to law.
The departments of development and reform, finance, public security, housing and urban-rural development, transport, railway, water resources, justice, natural resources, the People's Bank of China, audit, taxation, market regulation and state-owned assets administration of people's governments at all levels shall, in accordance with their respective functions and responsibilities, effectively undertake administrative and supervisory work related to ensuring the payment of wages for migrant workers.
Trade unions, the Communist Youth League, women's federations and disabled persons' federations and other organizations shall safeguard the right of migrant workers to get their wages according to law.
Article 7 Local people's governments at or above the county level shall establish and improve a target responsibility system for ensuring the payment of wages for migrant workers and a system of regular supervision and inspection, to assess and supervise the relevant departments of the people's governments at the same level, as well as the people's governments at lower levels.
Chapter II Form and Cycle of Payment of Wages
Article 8 Wages shall be paid to migrant workers themselves in legal tender and shall not be replaced by payment in kind, securities or other forms of payment.
Wages may be paid to migrant workers by cash, or by bank transfer to their social security cards or wage payment bank cards. However, where there are special provisions in these Regulations, such special provisions shall be implemented.
Article 9 Employing entities shall pay wages in accordance with the wage payment cycle and specific payment date which they have agreed upon with migrant workers according to law.
Article 10 Employing entities shall pay wages in full to migrant workers at least once a month.
Where an employing entity agrees with migrant workers to implement a weekly, daily or hourly wage system, or the rules and regulations formulated according to law stipulate that a weekly, daily and hourly wage system should be implemented, wages may be paid on a weekly, daily or hourly basis.
Where an employing entity adopts the piecework wage system, the calculation of wages and the cycle of payment shall be agreed upon by the two parties, but the maximum cycle of payment shall not exceed one month.
Article 11 The specific date of wage payment shall be determined through consultation between the employing entity and migrant workers. Where the specific payment date agreed upon by the two parties falls on a holiday or rest day, payment shall be made in advance on the working day prior to the said holiday or rest day. Where the employing entity fails to pay wages on the specific payment date agreed upon by the two parties due to force majeure, it shall pay the wages on the first working day after the elimination of the said force majeure.
Article 12 Employing entities shall truthfully compile written wage payment ledgers in accordance with their wage payment cycles and keep these ledgers for at least three years after the dissolution or termination of the labor contracts.
A written wage payment ledger shall include the name of the employing entity, payment cycle, payment date, the name and ID card number of the payee, working time, payable items and amounts, withheld, pre-paid and deducted items and amounts, actually paid amount, receipt of proxy payment by bank or migrant worker's signature, etc.
When employing entities pay wages, they shall provide migrant workers with their respective payrolls.
......