Regulations on Ensuring the Payment of Wages for Migrant Workers
Regulations on Ensuring the Payment of Wages for Migrant Workers
Regulations on Ensuring the Payment of Wages for Migrant Workers
Order of the State Council of the People's Republic of China No.724
December 30, 2019
The Regulations on Ensuring the Payment of Wages for Migrant Workers adopted at the 73rd executive meeting of the State Council on December 4, 2019 are hereby issued and shall come into force as of May 1, 2020.
Li Keqiang, Premier
Regulations on Ensuring the Payment of Wages for Migrant Workers
Chapter I General Provisions
Article 1 The Regulations are formulated in accordance with the Labor Law of the People's Republic of China and the relevant legal provisions in order to regulate the payment of wages for migrant workers and ensure that migrant workers receive their wages in full and on time.
Article 2 The Regulations shall apply to ensuring the payment of wages for migrant workers.
For the purpose of the Regulations, migrant workers refer to rural residents who provide labor for employers.
For the purpose of the Regulations, wages refer to the labor remuneration that migrant workers shall receive after providing labor for employers.
Article 3 Migrant workers have the right to receive wages in full and on time. No entity or individual may hold such wages in arrears.
Migrant workers shall observe labor discipline and professional ethics, and complete their labor tasks in accordance with the regulations on labor safety and health.
Article 4 Local people's governments at or above the county level shall take 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, improve regulation capacity, perfect the target-oriented responsibility system for ensuring the payment of wages for migrant workers, and incorporate the content of assessment and supervision of the relevant departments of people's governments at the same level and people's governments at lower levels.
Township and town people's governments and sub-district offices shall strengthen the investigation and mediation of conflicts over the wage arrears of migrant workers, prevent and resolve conflicts, and mediate disputes in a timely manner.
Article 5 To ensure the payment of wages for migrant workers, it is imperative to insist on the principles of responsibility of market entities, regulation by the government in accordance with the law, and social supervision through cooperation, and eradicate the problem of the wage arrears of migrant workers in accordance with the law as per the requirements of governance from the source, prevention first, the combination of prevention and treatment, and addressing both symptoms and root causes.
Article 6 An employer shall implement the real-name management for the employment of migrant workers, and shall agree in writing with the recruited migrant workers, or prescribe in the rules and regulations formulated in accordance with the law, the wage payment standards, payment time, payment methods and other contents.
Article 7 The administrative department of human resources and social security shall provide, organize, coordinate, manage and guide the work of ensuring the payment of wages for migrant workers, supervise and inspect the payment of wages for migrant workers, and investigate and punish the cases concerning the wage arrears of migrant workers.
The competent departments of engineering construction in the related industries such as housing and urban–rural development, transport, and water conservancy shall, based on their respective duties, perform their industry supervision responsibilities, and supervise the handling of cases concerning the wage arrears of migrant workers caused by illegal contract awarding, subcontracting, illegal subletting, affiliation and default on project payment.
The department of development and reform shall, based on its duties, examine and approve government-invested projects, review the sources of funds and ways of fundraising for government-invested projects in accordance with the law, arrange government investment in a timely manner in accordance with provisions, strengthen the construction of the social credit system, and organize the restrictions and punishments in accordance with laws and regulations against the objects subject to joint punishment for dishonesty in respect of the wage arrears of migrant workers.
The finance department shall conduct the budget management of government-invested funds, and allocate government investment funds in full and timely based on the approved budget in accordance with provisions.
The public security authority shall accept and investigate criminal cases concerning suspected refusal to pay labor remunerations in a timely manner, and handle social security cases caused by the wage arrears of migrant workers in accordance with the law.
The departments of judicial administration, natural resources, audit, state-owned asset management, tax, market regulation, and financial regulation and the People's Bank of China shall, based on their respective duties, do a good job in ensuring the payment of wages for migrant workers.
Article 8 Trade unions, the Communist Youth League, women's federations, disabled persons' federations and other organizations shall, based on their respective duties, safeguard the right of migrant workers to receive their wages in accordance with the law.
Article 9 News media shall carry out public-welfare publicity on laws, regulations and policies and reporting on advanced and typical cases related to the work of ensuring the payment of wages for migrant workers, strengthen the public opinion supervision over the illegal acts of default on the wages of migrant workers in accordance with the law, instruct employers to enhance the legal awareness of employing workers in accordance with the law and paying wages in full and on time, and guide migrant workers to protect their rights in accordance with the law.
Article 10 Migrant workers whose wages are in arrears have the right to lodge a complaint in accordance with the law, or apply for mediation and arbitration of labor disputes or bring a lawsuit.
Any entity or individual has the right to report any default on wages of migrant workers to the administrative department of human resources and social security or other relevant departments.
The administrative department of human resources and social security and other relevant departments shall make public the channels of reporting and complaint, such as the telephone number and website, and accept reports and complaints about any default on the wages of migrant workers in accordance with the law. The handling of reports and complaints shall be subject to the first-responder responsibility system. Those reports and complaints that shall be accepted by the department shall be handled in a timely manner in accordance with the law; those reports and complaints that shall not be accepted by the department shall be transferred to the relevant departments in a timely manner, and the relevant departments shall handle them in a timely manner in accordance with the law, and inform the reporters and complainants of the handling results.
Chapter II Form and Cycle of the Payment of Wages
Article 11 Wages shall be paid to migrant workers themselves in legal tender by bank transfer or in cash and shall not be replaced by payment in kind, securities or other forms of payment.
Article 12 Employers shall pay wages in full in accordance with the wage payment cycle and specific payment date agreed upon between them and migrant workers in writing or stipulated in rules and regulations formulated in accordance with the law.
Article 13 Where a monthly, weekly, daily or hourly wage system is implemented, wages may be paid on a monthly, weekly, daily or hourly basis; where a piecework wage system is implemented, the wage payment cycle shall be agreed upon by the parties in accordance with the law.
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Order of the State Council of the People's Republic of China No.724
December 30, 2019
The Regulations on Ensuring the Payment of Wages for Migrant Workers adopted at the 73rd executive meeting of the State Council on December 4, 2019 are hereby issued and shall come into force as of May 1, 2020.
Li Keqiang, Premier
Regulations on Ensuring the Payment of Wages for Migrant Workers
Chapter I General Provisions
Article 1 The Regulations are formulated in accordance with the Labor Law of the People's Republic of China and the relevant legal provisions in order to regulate the payment of wages for migrant workers and ensure that migrant workers receive their wages in full and on time.
Article 2 The Regulations shall apply to ensuring the payment of wages for migrant workers.
For the purpose of the Regulations, migrant workers refer to rural residents who provide labor for employers.
For the purpose of the Regulations, wages refer to the labor remuneration that migrant workers shall receive after providing labor for employers.
Article 3 Migrant workers have the right to receive wages in full and on time. No entity or individual may hold such wages in arrears.
Migrant workers shall observe labor discipline and professional ethics, and complete their labor tasks in accordance with the regulations on labor safety and health.
Article 4 Local people's governments at or above the county level shall take 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, improve regulation capacity, perfect the target-oriented responsibility system for ensuring the payment of wages for migrant workers, and incorporate the content of assessment and supervision of the relevant departments of people's governments at the same level and people's governments at lower levels.
Township and town people's governments and sub-district offices shall strengthen the investigation and mediation of conflicts over the wage arrears of migrant workers, prevent and resolve conflicts, and mediate disputes in a timely manner.
Article 5 To ensure the payment of wages for migrant workers, it is imperative to insist on the principles of responsibility of market entities, regulation by the government in accordance with the law, and social supervision through cooperation, and eradicate the problem of the wage arrears of migrant workers in accordance with the law as per the requirements of governance from the source, prevention first, the combination of prevention and treatment, and addressing both symptoms and root causes.
Article 6 An employer shall implement the real-name management for the employment of migrant workers, and shall agree in writing with the recruited migrant workers, or prescribe in the rules and regulations formulated in accordance with the law, the wage payment standards, payment time, payment methods and other contents.
Article 7 The administrative department of human resources and social security shall provide, organize, coordinate, manage and guide the work of ensuring the payment of wages for migrant workers, supervise and inspect the payment of wages for migrant workers, and investigate and punish the cases concerning the wage arrears of migrant workers.
The competent departments of engineering construction in the related industries such as housing and urban–rural development, transport, and water conservancy shall, based on their respective duties, perform their industry supervision responsibilities, and supervise the handling of cases concerning the wage arrears of migrant workers caused by illegal contract awarding, subcontracting, illegal subletting, affiliation and default on project payment.
The department of development and reform shall, based on its duties, examine and approve government-invested projects, review the sources of funds and ways of fundraising for government-invested projects in accordance with the law, arrange government investment in a timely manner in accordance with provisions, strengthen the construction of the social credit system, and organize the restrictions and punishments in accordance with laws and regulations against the objects subject to joint punishment for dishonesty in respect of the wage arrears of migrant workers.
The finance department shall conduct the budget management of government-invested funds, and allocate government investment funds in full and timely based on the approved budget in accordance with provisions.
The public security authority shall accept and investigate criminal cases concerning suspected refusal to pay labor remunerations in a timely manner, and handle social security cases caused by the wage arrears of migrant workers in accordance with the law.
The departments of judicial administration, natural resources, audit, state-owned asset management, tax, market regulation, and financial regulation and the People's Bank of China shall, based on their respective duties, do a good job in ensuring the payment of wages for migrant workers.
Article 8 Trade unions, the Communist Youth League, women's federations, disabled persons' federations and other organizations shall, based on their respective duties, safeguard the right of migrant workers to receive their wages in accordance with the law.
Article 9 News media shall carry out public-welfare publicity on laws, regulations and policies and reporting on advanced and typical cases related to the work of ensuring the payment of wages for migrant workers, strengthen the public opinion supervision over the illegal acts of default on the wages of migrant workers in accordance with the law, instruct employers to enhance the legal awareness of employing workers in accordance with the law and paying wages in full and on time, and guide migrant workers to protect their rights in accordance with the law.
Article 10 Migrant workers whose wages are in arrears have the right to lodge a complaint in accordance with the law, or apply for mediation and arbitration of labor disputes or bring a lawsuit.
Any entity or individual has the right to report any default on wages of migrant workers to the administrative department of human resources and social security or other relevant departments.
The administrative department of human resources and social security and other relevant departments shall make public the channels of reporting and complaint, such as the telephone number and website, and accept reports and complaints about any default on the wages of migrant workers in accordance with the law. The handling of reports and complaints shall be subject to the first-responder responsibility system. Those reports and complaints that shall be accepted by the department shall be handled in a timely manner in accordance with the law; those reports and complaints that shall not be accepted by the department shall be transferred to the relevant departments in a timely manner, and the relevant departments shall handle them in a timely manner in accordance with the law, and inform the reporters and complainants of the handling results.
Chapter II Form and Cycle of the Payment of Wages
Article 11 Wages shall be paid to migrant workers themselves in legal tender by bank transfer or in cash and shall not be replaced by payment in kind, securities or other forms of payment.
Article 12 Employers shall pay wages in full in accordance with the wage payment cycle and specific payment date agreed upon between them and migrant workers in writing or stipulated in rules and regulations formulated in accordance with the law.
Article 13 Where a monthly, weekly, daily or hourly wage system is implemented, wages may be paid on a monthly, weekly, daily or hourly basis; where a piecework wage system is implemented, the wage payment cycle shall be agreed upon by the parties in accordance with the law.
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