How Can A "Clear Account" Be Confused?

At the end of the year, the government has been tackling key problems.

In January this year, the State Council promulgated the "comprehensive governance of arrears of wages for migrant workers" issue, gave a timetable for Governance - to 2020, the formation of a complete system, the implementation of responsibilities, effective supervision of the governance structure, and strive to achieve basically no arrears.

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Over the past year, the problem of arrears of wages is still difficult to eradicate.

The reporter went deep into the field of construction with high pay arrears, and explored whether or not to implement the method of controlling wages in arrears.

"3 years, a total of about 500000 yuan wages have not been paid, who can give us a statement?" "Party A has been arrested, did not receive the money, really can not give migrant workers wages, I really can not help!"

In December 13th, Zhang Qibing, a migrant worker, and Bi Shulin, a self employed businessman, stayed at the door of the legal aid center of migrant workers in Sichuan Province, and refused to leave.

One of them is a contractor who builds a labor team on the basis of natural persons. One side is the sub contractor who is contracted by the qualification contract project. He came together to seek assistance because he failed to get any articles in the construction.

On duty legal aid lawyer tax, Qing Rong has no choice but to express their frustration: "this is a kind of case which is neither legal nor compliant, showing the chaos of arrears in the construction field."

From 2010 to 2014, the special inspection data of Sichuan province showed that about 70% of the wage arrears came from the construction field, and the construction workers accounted for 84% of the arrears.

However, over the years, the problem of arrears of wages in the field of construction has been alleviated, although it has been alleviated in many ways, but it has not yet been fundamentally solved.

What's the reason behind it?

In 2012, Bi Shulin signed a contract with Sichuan rainbow tiger forestry development company to build a forestry road in Muchuan County, Sichuan.

By the eve of the Spring Festival of 2013, the total amount of settlement amounted to 112 yuan. During the period, the company paid only part of the oil and living expenses. The total amount owed to Bi Shulin's settlement accounts for about 900 thousand yuan, including more than 30 yuan of wages for more than 30 workers.

According to Bi Shulin, he had stopped construction since 2013 because he had not completed the settlement.

Because the company failed to pay for the project, Bi Shulin brought it to court, but was told by the court that no assets were available for repayment of the arrears under the name of the company.

"If I can't get the money, I will not be able to pay the wages of the workers. It is not my intention to default."

Bi Shulin said.

"Wage arrears in the construction industry are linked together. Sometimes it is not an enterprise or a department that does not give migrant workers money.

In the "wage arrears chain", the interests of each link are intricate, forming a vicious circle, and migrant workers are the victims of the chain of wage arrears.

Shui Qingrong said.

Such a "chain robbery" dispute is very common in the construction field.

According to the analysis of the Sichuan Labor Supervision Bureau and the Sichuan Provincial Construction Management Office, because the construction industry's subcontracting and illegal subcontracting are more prominent, the construction enterprises should bear the statutory responsibilities of paying monthly wages and signing labor contracts and so on, and eventually pferred to some non-standard labor companies or contractors, which leads to disputes over project quality and project disputes and arrears of wages.

Secondly, the phenomenon of borrowing qualification and affiliated business is more serious. This has also become an important cause of arrears and wage arrears.

"20 thousand yuan service fee can be linked to qualified building enterprises, is the industry's open hidden rules."

According to insiders, there are a large number of unqualified practical contractors in the market who are using the qualified construction companies to solicit projects. On the Internet, all kinds of "qualification affiliation" websites are large numbers of rent-seeking advertisements with a large number of one hundred thousand, resulting in a very chaotic industry order.

In addition, some construction projects are not in place to start construction. In particular, real estate development companies mainly rely on bank loans and private financing. Once capital turnover is difficult, they will generate money disputes, and arrears of wages are unavoidable.

Chen Jin, director of the Sichuan provincial labor supervision department, thinks that the high salary of construction enterprises has a lot of implications.

In addition to the construction market itself is not standardized, there is also its particularity, that is, most of its employment targets are migrant workers who are pforming in urbanization. Due to their uncertainty in their identity, they present mobility, decentralization of work characteristics, and unfixed and short-time employment status, and decide to become the biggest hidden danger group of arrears of wages.

In January this year, the general office of the State Council issued the "No. 1 document" on the problem of arrears of wages in the field of engineering construction. It clearly pointed out the problem of arrears of wages in the field of engineering construction. It was proposed that all enterprises should pay wages to the migrant workers themselves in full according to the law, and strictly prohibit the payment of the organizations and individuals who did not have the qualification of the employment subject. The management of the real name system of migrant workers should not be carried out by the general contractor of the construction enterprise, and the implementation of the bank's wage generating system to encourage the implementation of the method of direct subcontracting by the general contractor of the sub contracting enterprises, and the improvement of wages.

System and many other initiatives.

In 2012, the general office of the Sichuan Provincial People's government issued the notice on establishing the responsibility system for handling arrears of wages in the field of construction, and made clear the governing system based on the wage payment responsibility system of the construction total enterprises, the handling responsibility system for arrears of salaries of the industry departments, and the local government's responsibility system.

Among them, "Document No. 1" has taken the lead in Sichuan to test water, but the effect is not satisfactory.

For example, a total wage enterprise is required to set up a special wage account to realize the system divestiture and physical divestiture of wage payment and project payment, cut off intermediate links, and directly issue labor service wages.

"At present, it is very common to ask for money in the name of asking for wages, and the regulatory authorities can not effectively discriminate."

Sichuan labor supervision department official said.

However, under the huge base of more than 10000 construction enterprises in Sichuan, this initiative has been implemented only in a few powerful enterprises, and more general contractor enterprises find it difficult to accept it.

"The relationship between project and labor wages is like a whole piece of pork, how can it be separated?" a person in charge of building general contracting enterprises, who has worked for more than ten years, said that even under the subcontracting system under the "construction law", the general contractor and the labor service company still generally settled in accordance with the quantity of the project. The sub contractors themselves handled the work themselves, and the total package enterprises had no right to intervene in the wage distribution of other employment entities regardless of their labor services.

"Even if we can operate according to the new measures, we need to build on the trust that the enterprises and subcontractors are very trusting. How many enterprises can achieve this standard?"

It is understood that Sichuan has put forward a responsible department responsibility system, namely, the construction department takes the lead in handling the source cases, such as affiliated contracting, illegal contracting out, subcontracting, arrears or additional projects, and engineering economic disputes.

"However, for a long time, the lead Department of migrant workers' wage clearing work in the construction field is not the competent department, and the effective means for construction enterprises are limited.

Chen Jin believes that this is a manifestation of the unequal power and responsibility, that is, the institutional contradictions. Therefore, it is more effective for the construction department to take the lead in controlling the wage arrears in the construction field.

Chen Jin's statement is not without foundation.

According to the relevant person in charge of the Chengdu labor and social security supervision team, 10 years ago, the construction market in Chengdu was extremely hot, and a large number of arrears of wages appeared.

Labor supervision departments are very passive in dealing with such cases, while construction departments have a lot of strength in many construction enterprises, such as project margin, qualification management, market access, and so on.

In 2010, Chengdu issued the government's 168th order to prevent the wage arrears of migrant workers in the field of construction. It was explicitly led by the construction department and the labor and social security department to deal with the problem of wage arrears of migrant workers in the construction field.

"Implementation has achieved remarkable results over the past 6 years."

The responsible person said, after the division of responsibilities, under the pressure of the construction sector, the general contractor will take effective measures to avoid the end chaos.

Appear.

However, for this practice and direction, the Construction Department expressed reservations.

"To realize the equivalence of powers and responsibilities, we must also have a legal basis."

The head of Sichuan provincial clearing office believes that in view of the problem of arrears of salaries in the current construction field,

"Labor contract law", "labor supervision regulations" and "Regulations on the payment of wages for migrant workers" and so on, all of which should be handled by the Department of human resources and social affairs. Labor supervision departments can also deal with arrears of wages by means of fines, arbitration, application for enforcement by courts, and so on. "On this issue, the responsibilities are clear, and the responsibility of the construction department is to coordinate and cooperate."

"How can we get a clear understanding of a book?" a senior legal aid lawyer in Sichuan Province, who did not want to be named, believed that the rhetoric of the relevant administrative departments essentially embodied a game between departments, and also revealed the lack of responsibility consciousness.

"The problem of arrears of wages, since the power and responsibility is clear, the relevant departments should do their duty, and truly guard against timely and effective supervision."

He believes that the current chaos in many construction areas has not been eradicated, not the relevant law enforcement departments have no weapon. The most fundamental thing is whether we can strictly enforce the law and let the existing laws and regulations take root.

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