Migrant Workers Wage Protection Fund System Research

Since the Fourth Plenary Sessions of its Sixteenth Central Committee proposed the concept of "building a harmonious socialist society", as the important roles in the process of economic and social industrialization, informatization, urbanization, marketization and internationalization of our country, the problems of their survival and development of the migrant-workers, become not only the important content of building harmonious society, but also the important indicator of observing the process of building harmonious society. But for various reasons, the phenomenon of the enterprises falling behind the wages of peasant-workers is fairly serious. The reports of the peasant-workers taking to the streets, presenting collective petitions, and even initiating bloodshed, criminal cases because of the wage arrears filled with different kinds of media, which affect the development of local economy and the process of building harmonious society directly. Therefore, how to solve the problem of falling behind and skimping the.wages'of the migrant-workers well, could not only protect the legal rights of peasant-workers, guarantee the basic lives of migrant-workers, but also have great significance of upholding the overall situation of reform, development and stability, and building harmonious society. While the "clearing up defaults" achieves remarkable results, various regions fall into the difficulties of campaign-style law enforcement. The fact of "clearing up every year, falling behind every year" promotes to construct a wage arrears guarantee system which to correspond the national conditions of our country, and to be effective as well. This is the basic method to solve the foul disease. Whether "The interim procedures of wage guarantee fund for the peasant-workers in Kunming" drew up in 2006 could adapt all the new contradictions, new problems produced in new situation, and the ways to solve those problems must be a piece of work needed to be considered deeply by the department of labor guarantee and supervision for a long period of time.The system of wage guarantee fund (or the system of wage arrears guarantee fund) means the guarantee system of wage payment constructed by relevant departments in the government, to avoid the employing units fall behind the wages for the employees or escape because of wage arrears, harm the legal rights of workers.Foreign countries have made active, deep, and systematic researches on this problem since a long time, and have established the guarantee system of wage arrears in national level by the form of legislation. The domestic research arose from 90s last century, relevant documents and researches are limited; in practical operation, it remains in the level of temporary administrative order or local laws and regulations. This article sets the wage guarantee fund and the improvement direction as the topic, clears up relevant theories and modes of the system of wage guarantee fund (the system of wage arrears guarantee fund), and tries to find out a set of wage guarantee measures for migrant-workers which are suitable for Kunming and those central western cities which are less developed. This article has certain research value for constructing nationwide system of wage guarantee fund (the system of wage arrears guarantee fund) as well.This article is divided into six chapters. Chapter one states the research background, significance and value of this article, in addition to the summary of existing wage arrears and guarantee of wage arrears of peasant-workers. Chapter two explains relevant concepts used in this article and analyses the theoretic basis of constructing the system of wage guarantee fund for the peasant-workers. Chapter three analyses the necessity of constructing relevant systems by setting out from the actual situation of wage arrears of the peasant-workers in Kunming. Chapter four analyses concretely the actual situation, results, and the problems to be solved of the existing wage guarantee fund system. Chapter five analyses the wage guarantee system in foreign countries and the measures to manage the problems of wage arrears in other regions in our country, and summarizes useful experience. Through crosswise comparisons of the implementation effects of similar policies in foreign countries, and the researches and preventions to the problem of wage arrears in our countries recently, and the contrast of the wage arrears cases of migrant-workers in Kunming before and after the implementation of wage guarantee fund for the peasant-workers, this article reaches the conclusion of constructing compulsory insurance mechanism and its feasibility, and puts forward idealized proposal from the aspects of legislation, administrative supervision and so on.