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Defaulting on workers' pay must stop [Copy link] 中文

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Post time 2013-1-27 17:05:11 |Display all floors
This post was edited by sansukong at 2013-1-27 16:06

Defaulting on workers' pay must stop

By Zhu Yuan ( China Daily)          Updated: 2013-01-26 07:36




Not paying the wages of farmers-turned-workers on time has become a chronic problem. So severe is the problem that in 2003, Premier Wen Jiabao intervened personally to get a migrant worker her arrear wages.

The central and local government have indeed taken measures to solve the problem. But there is no denying that it is becoming more complicated by the day.

From 2006 to 2010, the total arrears due to migrant workers decreased. In February 2011, China's top legislative body adopted the amendment to the criminal law, which was aimed at making deliberate defaulting on wages a crime. But the number of such cases in 2012 increased from the year before.

Last year, labor security and supervisory departments across the country handled 218,000 such cases, up 7.5 percent year-on-year. The number of unrests involving 100 or more migrant workers denied their wages reached 190 between January and November in 2012. And the amount the labor security and supervisory departments realized for 6.225 million migrant workers totaled 20.08 billion yuan ($3.23 billion) in 2012, testifying to not just what the government has done in this regard, but to the severity of the problem.

Incidentally, the increase in such cases last year coincided with the increase in local governments' investments in construction projects, which reached 7 trillion yuan late last year.

There is no evidence to suggest that there is a connection between an upsurge in local investment and the rapid increase in the number of wage-default cases as well as the amount involved. But that the majority of cases took place in the real estate sector seems to support my assumption that there indeed is a connection between the two.

If a construction project has enough funds, there is no reason for the employer to default on his/her workers' wages, unless he/she wants to keep the money for other purposes or intends to flee with it. The problem arises when a construction project is sub-contracted down the line and every sub-contractor wants to make easy money by sub-contracting the project to another. In such a case, a sub-contractor may not have the money to pay his/her workers before being paid for the work he/she has contracted.

Whatever the reason, the government has to crack down on employers defaulting on wages not just for social stability, but also to protect the rights and livelihood of the most disadvantaged group in the country.

Only 120 offenders have been tried for defaulting on their employees' wages in the year and half since the criminal law amendment took effect. But sometimes it is not easy for a court to find out whether an employer intended not to pay workers' wages in time despite having enough funds. And even if an employer is tried in court and found guilty, it does not necessarily mean that the workers will get their arrear wages. That explains why not many migrant workers appeal to a court when they don't get paid on time.

A dozen central government departments, including the Ministry of Human Resources and Social Security and the National Commission for Development and Reform, early this month decided that cases in which more than 10 workers have been denied wages demand immediate investigation, and leaders of an arbitration committee must deal with cases if the arrears of workers are more than 1,000 yuan each.On Jan 23, the Supreme People's Court issued a detailed interpretation of the criminal stipulation and clarified that the act of employers refusing to pay their employees can carry a criminal charge. If non-payment of wages threatens the life of a migrant worker by, say, delaying his/her treatment for a serious illness, then the employer can be sentenced to imprisonment for up to seven years.The interpretation has made it easy for such acts to be declared a criminal offense. But to solve the problem once and for all, the government has to implement strict rules to prevent construction projects from being sub-contracted without limit. And local governments should be responsible for the construction projects they launch and ensure that they have sufficient funds.The author is a senior writer with China Daily. E-mail: zhuyuan@chinadaily.com.cn





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Post time 2013-1-27 18:03:15 |Display all floors

RE: Defaulting on workers' pay must stop

Translate ........

不按時支付農民打開了工人的工資已成為一個長期的問題。如此嚴重的是 2003 年,溫家寶總理出面親自得到她拖欠工資的農民工的問題。
中央和地方政府的確有採取措施,解決問題。但不可否認它越來越複雜的一天。
從 2006 年到 2010 年,共拖欠農民工減少。在 2011 年 2 月,中國最高立法機構通過了修訂刑法 》,目的在使蓄意拖欠工資罪。但在 2012 年這類案件數量從前一年增加。
去年,勞動安全和全國各地監管部門處理 218,000 這種情況下,增長 7.5%上年度。動亂涉及 100 或更多移民工人的數目否認他們的工資在 2012 年達到 190 1 月和 11 月之間。並在 2012 年作證的不只是政府做在這方面,但對問題的嚴重性的金額勞動保障和監管部門意識到 622 萬 5000 農民工總計 200 億 8000 萬人民幣 (32 億 3000 萬港元)。
順便說一下,去年在這種情況下增加,正值增加地方政府投資的建設專案,去年年底達到 7 兆元。
沒有證據表明是有涉及的地方投資激增和迅速增加的工資-預設情況下,以及金額數目之間的連接。但是,多數情況下的採取了在房地產業中的地方似乎都支援我的假設是的確有這兩個之間的連接。
如果一個建設專案有足夠的資金,沒有任何理由為雇主為預設值對其工人的工資,除非他/她想要保留這筆錢用於其他用途,或打算逃離與它。當一個施工專案,分包沿著這條線和每次承判商想輕鬆賺錢的分包合同到另一個專案,將出現問題。在這種情況下,分包商可能沒有錢來支付他 (她) 已簽訂合同的工作之前支付其工人。
無論原因如何,政府有要嚴厲打擊雇主拖欠工資不只是為社會的穩定,而且要保護的權利和在該國最貧困的群體的生計。
只有 120 罪犯已經嘗試因拖欠雇員的工資在一年半以來在刑法修正案生效。但有時不便於法院以找出是否雇主不打算時間儘管擁有足夠的資金支付工人的工資。並且,即使雇主是法院審判和定罪,它並不一定意味著工人會得到他們的拖欠工資。這解釋了為什麼不許多移徙工人向法院上訴時他們不按時得到支付。
十多個中央政府部門,包括人力資源部和社會安全和國家委員會負責發展和改革,于本月初決定案件中的 10 多個工人已被拒絕工資需求立即展開調查,並且仲裁委員會的領導人必須處理案件,如果拖欠的工人都超過 1000 元。1 月 23 日最高人民法院頒佈的刑事規定的詳細的解釋和澄清雇主拒絕支付其雇員的行為可以進行刑事指控。如果非支付工資危害生命的一名農民工,說,延緩其治療的一種嚴重的疾病,然後,雇主可以判處監禁達七年。解釋了很容易對這種行為被宣佈為刑事罪。但要解決問題一勞永逸,政府要實施嚴格的規則,以阻止施工專案正在轉包無限制。地方政府應負責他們開展,並確保他們有足夠的資金的建設專案。作者是中國日報的資深作家。電子郵件: zhuyuan@chinadaily.com.cn
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Post time 2013-1-27 19:16:25 |Display all floors
and why the problem persist?

some thing to do with rats?

too many rats?
I've made my living, Mr. Thompson, in large part as a gambler. Some days I make twenty bets, some days I make none. There are weeks, sometimes months, in fact, when I don't make any bet at all because ...

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Post time 2013-1-27 19:20:51 |Display all floors
and why the problem persist?

one of the main reason is that not all the tools are employed............................


tools like free press
tools like investigative reporting
tools like openness and democracy.

and whatever tools they do have is not employed fully.


talk more than action.
saliva more than tea.

when bosses think if they are caught, they are stu pid.
if they got away, they are smart.


what do you call that?
I've made my living, Mr. Thompson, in large part as a gambler. Some days I make twenty bets, some days I make none. There are weeks, sometimes months, in fact, when I don't make any bet at all because ...

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Post time 2013-1-28 01:42:42 |Display all floors
This post was edited by sansukong at 2013-1-28 00:44
Revolutionar Post time: 2013-1-27 18:20
and why the problem persist?

one of the main reason is that not all the tools are employed......... ...
when bosses think if they are caught, they are stu pid.
if they got away, they are smart.

You must be referring to your own boss?
Translate ...


您必須指自己的老闆嗎?



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Post time 2013-1-28 01:45:33 |Display all floors
This post was edited by Revolutionar at 2013-1-28 01:47
aaaaa
I've made my living, Mr. Thompson, in large part as a gambler. Some days I make twenty bets, some days I make none. There are weeks, sometimes months, in fact, when I don't make any bet at all because ...

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Post time 2013-1-28 01:47:12 |Display all floors
sansukong Post time: 2013-1-28 01:42
You must be referring to your own boss?
Translate ...

you started a thread an immoral bosses and now you want to deny the existence of immoral bosses?


that how rats think, not humans.
I've made my living, Mr. Thompson, in large part as a gambler. Some days I make twenty bets, some days I make none. There are weeks, sometimes months, in fact, when I don't make any bet at all because ...

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