Recently, the Ministry of Human Resources and Social Security issued the Interim Measures for the Administration of the Blacklist of Wages for Migrant Workers (hereinafter referred to as the “Measures”). The “Measures” put forward the requirements of the 15th point and clarify: the inclusion of the arrears of wages of migrant workers. The company will be subject to a series of punitive measures such as restricted bidding and qualification review.
The following is the full text of the "Measures":
Interim Measures for the Administration of the "Blacklist" of Wages for Wages of Migrant Workers
The first one is to standardize the management of the “blacklist” of wages owed to migrant workers, strengthen the punishment of unpaid creditors who violate the law, and safeguard the legitimate rights and interests of laborers. According to the “Provisional Regulations on Enterprise Information Disclosure” and the “State Council on Establishing a Sound and Trustworthy Union” Guiding Opinions on Accelerating the Construction of Social Integrity by the Joint Disciplinary System for Incentives and Untrustworthiness (Guo Fa [2016] No. 33), and the Opinions of the General Office of the State Council on Comprehensively Administering the Wages of Migrant Workers (Guo Ban Fa [2016] No. 1) , formulate these measures.
Article 2 The “blacklist” of wages owed to migrant workers as mentioned in these Measures (hereinafter referred to as the “blacklist” of wage arrears) refers to the violation of the laws and regulations governing the payment of wages in the State, and the existence of the arrears of wages listed in Article 5 of these Measures. The unit and its legal representative, other responsible persons.
Article 3 The Ministry of Human Resources and Social Security is responsible for guiding and supervising the management of the “blacklist” of wage arrears in the country.
The administrative department of human resources and social security of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for supervising and supervising the management of the “blacklist” of wage arrears in the administrative region, and submit to the Ministry of Human Resources and Social Security the “blacklist” of arrears wages in the administrative region every six months.
The local human resources and social security administrative department is responsible for the specific implementation of the “blacklist” management of wage arrears in accordance with the jurisdiction of administrative law enforcement.
Article 4 The “blacklist” management of arrears wages shall be governed by “who enforces law, who determines, who is responsible” and follows the principles of legal compliance, fairness, justice and objectivity.
Article 5 If an employer has one of the following circumstances, the administrative department of human resources and social security shall, within 20 working days from the date of investigation and punishment of the illegal act and make an administrative or punishment decision, include it in the arrears of wages according to the jurisdiction. List".
(1) Deducting the wages and remuneration of migrant workers for no reason, and the amount reaches the standard for determining the amount of the crime of refusing to pay labor compensation;
(2) Due to the arrears of illegal wages of migrant workers, collective incidents and extreme events have caused serious adverse social impacts.
If the labor services are subcontracted and subcontracted to organizations and individuals that do not have the qualifications of the employer, and the wages of the migrant workers are arrears and meet the requirements of the preceding paragraph, the illegal subcontractors, subcontractors and organizations and individuals who do not have the qualifications for employment shall be included. Also included in the "blacklist" of arrears wages.
Article 6 If the administrative department of human resources and social security lists the employer as a “blacklist” of wage arrears, it shall give advance notice in writing and listen to its statements and arguments. If the approval is correct, an inclusion decision shall be made.
The inclusion decision shall specify the name of the employer and its legal representative, the name of other responsible persons, the unified social credit code, the date of inclusion, the reasons for inclusion, the time limit and route of the rights relief, and the decision-making body.
Article 7 The administrative department of human resources and social security shall, in accordance with relevant regulations, publicize the “blacklist” information of wage arrears through the departmental portal website, the “credit China” website, and the national enterprise credit information publicity system.
Article 8 The administrative department of human resources and social security shall, in accordance with relevant regulations, incorporate the information of “blacklist” of wage arrears into the local and national credit information sharing platform, and the relevant departments shall implement joint punishment in accordance with the law within the scope of their respective duties, and support the government funds. Government procurement, bidding, production licenses, qualification review, financing loans, market access, tax incentives, evaluation and evaluation, etc. are restricted.
Article 9 The “blacklist” of wage arrears is subject to dynamic management.
The term of the employer’s first inclusion in the “blacklist” of arrears is one year, counting from the date of the inclusion decision.
If the employer listed in the “blacklist” of wage arrears corrects the illegal act and the situation specified in Article 5 does not occur within one year from the date of inclusion, the administrative department of human resources and social security that made the inclusion decision shall be after the expiration of 20 Within one working day, it is decided to remove it from the “blacklist” of wage arrears; if the employer has not corrected the illegal act or if the situation specified in Article 5 occurs again during the period, it will not be removed and automatically renewed for 2 years.
Employers who have removed the “blacklist” of wage arrears have reoccurred the provisions of Article 5 and are once again included in the “blacklist” of arrears wages for a period of two years.
Article 10 If the administrative department of human resources and social security decides to remove the employer from the “blacklist” of wage arrears, it shall publicize it through the departmental portal website, the “Credit China” website, and the national enterprise credit information publicity system.
Article 11 If the administrative treatment or punishment decision on which the employer is included in the “blacklist” of wage arrears is changed or cancelled according to law, the administrative department of human resources and social security that makes the decision shall promptly correct the “blacklist” of wage arrears. .
Article 12 If an employer is removed from the “blacklist” of arrears of wages, the relevant departments shall terminate the joint disciplinary measures.
Article 13 Staff members of administrative departments such as human resources and social security, in the process of implementing the “blacklist” management of arrears wages, abuse their powers, neglect their duties, and engage in malpractices for personal gains shall be dealt with according to law.
Article 14 The administrative departments of human resources and social security at the provincial level may formulate implementation rules in accordance with these Measures.
Article 15 These Measures shall come into force on January 1, 2018.
