Special laws are needed to help migrant workers collect overdue
salaries, top political advisers said.
Hong Fuzeng, a member of the Chinese People's Political
Consultative Conference (CPPCC), said the laws are necessary to
better protect migrant workers' rights and interests.
The laws on labor contract, social security, labor dispute
settlement and employment facilitation have received particular
interest during the ongoing plenary session of the CPPCC.
The number of employed migrant workers in Chinese cities and
towns jumped from 190 million in 1995 to more than 200 million in
2005, statistics from the Ministry of Labor and Social Security
show.
These farmers-turned-laborers in urban cities and towns usually
encounter some problems regarding the protection of their working
rights and interests because they lack relevant knowledge.
One major headache for migrant workers is the delay of payment
by employers.
A National People's Congress (NPC) questionnaire in 2,150
businesses in 40 cities last year found that about 8 per cent of
the employees said their salaries had been withheld for an average
of three months in 2004. The average amount delayed was 2,184 yuan
(US$273) per person.
"Although workers are less aware of how to protect themselves,
insufficient laws related to protection of migrant workers' rights
and interests are also to blame for delaying salary payment by
employers," Hong said.
As a result, Hong pointed out that the need for laws to help
guarantee migrant workers' rights and interests has become
increasingly urgent.
Also, a labor contract law is a must for employees to seek
judicial help when their working units delay payment, Hong
said.
A recent nationwide survey indicated that fewer than 20 per cent
of employers in small and medium-sized private businesses were
found to have signed labor contracts with their workers.
Meanwhile, a member of the NPC appealed for criminal penalties
to be included in the Criminal Law for employers who delay salary
payments or run away.
"The issue of delaying salary payment to migrant workers cannot
be effectively prevented under the current civil laws, labor laws
or other administrative managements, so why don't we introduce
criminal penalties to settle it?" asked Fang Chaogui, director of
the Guangdong Provincial Bureau of Labor and Social Security.
Fang said that delaying salary payment harms not only workers'
living conditions, but also society.
"Since social incidents triggered by overdue salaries,
especially by employers who hide, are on the rise and seriously
undermine social stability," Fang said, "it is a must to include
criminal penalties into the Criminal Law for employers who delay
workers money."
(China Daily March 9, 2006)