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Winter tackling campaign against eradication of wage arrears in 2019 begins, and the Municipal Human Resources and Social Security Bureau reminds that there are differences in the rights protection of “paid arrears” and “debts”

发布日期:2019-12-05 Source: Beijing DailyPost Date: 2019-12-05

Rich and no money, go home for Chinese New Year. In order to ensure that migrant workers receive their wages in full and on time, and to protect the legitimate rights and interests of migrant workers, the city has recently launched a winter campaign to combat wage arrears in 2019.

This action will achieve "two goals": to achieve "zero arrears", that is, to achieve zero arrears for government investment projects and state-owned enterprise projects; to achieve "two clears", that is, cases of wage arrears that occurred before the end of October 2019. All cases will be cleared before the end of 2019, and other newly added cases of arrears will be cleared in time and dynamically before the Spring Festival in 2020.

For a long time, the issue of "owed wages" has attracted wide attention from the society, and the phenomenon of wage arrears for migrant workers has also occurred from time to time. Especially with the development of new business formats, many cases of "collection of debts" have been mistakenly regarded as "collection of wages."

So, what is the difference between "paid" and "debt"? The Beijing Municipal Bureau of Human Resources and Social Security advised that this depends on whether the money owed is wages or labor compensation. "Arrears of wages" are related to wages and adjusted by labor security laws and regulations, while "debts" related to labor remuneration are civil disputes.

Generally, there are three cases in which "arrears of wages" are determined. One is that the employer arbitrarily deducts or owes the wages of the workers arbitrarily, the other is that the employer arranges overtime, but does not pay overtime wages according to the law. The third is that the employer is lower than minimum wage standard.

The wages of workers mentioned here include six components: hourly wages, piece rate wages, bonuses, allowances and subsidies, overtime pay, and wages paid under special circumstances.

And some “debts” related to labor remuneration cannot be regarded as “owed”. The labor remuneration here refers to the various labor remunerations obtained through the civil agreement and the individuals independently engaged in design, consulting, lectures, performances, performances, agency services and other labor services, or the remunerations obtained from contract business, which are not classified as "wages" ". If a dispute arises, it is not "owed" but "debt".

For example, disputes over contract costs, disputes over ride-hailing drivers and platform transaction costs, and disputes over cooperation costs between anchors and live broadcast platforms are all ordinary civil disputes, which are adjusted by the Contract Law and apply to civil litigation. So "debt collection" and "salary collection" should not be confused.

The Municipal Human Resources and Social Security Bureau recommends that when engaging in various labor services, workers should agree in writing about the level of remuneration, payment methods, and payment time. In the event of failure to pay remuneration as agreed, a specific distinction should be made between "owed wages" and "owed wages". In the case of arrears of labor remuneration or contracting expenses, we shall rationally safeguard our rights and interests through legal channels.

Once you encounter "paid wages", you can make a complaint report through the following four channels: dial the unified labor security policy consultation telephone 12333; directly report the complaint to the labor security supervision department at the location where the employee is located, and now there is a complaint report QR code; mediation and arbitration; offsite Complaint that this service has been opened in the Beijing-Tianjin-Hebei region.


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承办:北京市人力资源和社会保障信息中心 政府网站标识码:1100000062 京公网安备:110102000777 ICP备案序号:京ICP备05056884号 Organizer: Beijing Human Resources and Social Security Bureau Organizer: Beijing Human Resources and Social Security Information Center Government Website ID: 1100000062 Beijing Public Network Security: 110102000777 ICP Filing Number: Beijing ICP No. 05056884

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