Regulations on Guaranteeing Wage Payment for Migrant Workers

Decree of the State Council of the People's Republic of China

No. 724

The Regulation on Guaranteeing the Payment of Wages for Migrant Workers, as adopted at the 73rd executive meeting of the State Council on December 4, 2019, is hereby issued, and shall come into force on May 1, 2020.

Premier Li Keqiang

December 30, 2019

Regulations on Guaranteeing Wage Payment for Migrant Workers

Chapter I General Provisions

Article 1 In order to regulate the wage payment behavior of migrant workers and ensure that migrant workers receive wages on time and in full, these regulations are formulated in accordance with the the People's Republic of China Labor Law and relevant laws.

Article 2 These Regulations shall apply to the guarantee of the payment of wages for migrant workers.

The term "migrant workers" as mentioned in these Regulations refers to rural residents who provide labor for employers.

The term "wages" as mentioned in these Regulations refers to the labor remuneration that migrant workers should receive after providing labor for the employing unit.

Article 3 Migrant workers have the right to receive wages in full and on time. No unit or individual may default on the wages of migrant workers.

Migrant workers shall abide by labor discipline and professional ethics, implement labor safety and health regulations, and complete labor tasks.

Article 4 the local people's governments at or above the county level shall be responsible for ensuring the wage payment of migrant workers within their respective administrative areas, establish a coordination mechanism for ensuring the wage payment of migrant workers, strengthen the construction of supervision capacity, improve the target responsibility system for ensuring the wage payment of migrant workers, and include the contents of assessment and supervision to the relevant departments of the people's government at the corresponding level and the people's governments at lower levels.

Township people's governments and sub-district offices should strengthen the investigation and mediation of contradictions in arrears of migrant workers' wages, prevent and resolve contradictions, and mediate disputes in a timely manner.

Article 5 to ensure the payment of migrant workers' wages, we shall adhere to the responsibility of the main body of the market, the supervision of the government according to law, and the coordinated supervision of the society, and eradicate the problem of wage arrears of migrant workers in accordance with the requirements of source control, prevention first, combination of prevention and control, and both symptoms and root causes.

Article 6 The employer shall implement the real-name management of the labor and employment of migrant workers, and agree in writing with the migrant workers recruited or stipulate the wage payment standards, payment time, payment methods, etc. through the rules and regulations formulated in accordance with the law.

Article 7 the administrative department of human resources and social security shall be responsible for the organization and coordination, management guidance and supervision and inspection of the wage payment of migrant workers, and investigate and deal with cases of wage arrears of migrant workers.

The competent departments of engineering construction in housing and urban-rural construction, transportation, water conservancy and other related industries shall perform their industry supervision responsibilities in accordance with their duties, and supervise and handle cases of wage arrears of migrant workers caused by illegal contracting, subcontracting, illegal subcontracting, affiliation, and arrears of project payments.

Development and reform departments are responsible for the approval and management of government investment projects in accordance with their duties, review the sources of funds and financing methods of government investment projects in accordance with the law, arrange government investment in a timely manner in accordance with regulations, strengthen the construction of the social credit system, and organize joint punishments for arrears of migrant workers' wages and untrustworthiness. Regulations shall be restricted and punished.

The financial department is responsible for the budget management of government investment funds, and disburses government investment funds in full and on time in accordance with the approved budget.

The public security organs are responsible for promptly accepting and investigating criminal cases suspected of refusing to pay labor remuneration, and handling social security cases caused by wage arrears of migrant workers in accordance with the law.

Judicial administration, natural resources, the People's Bank of China, auditing, state-owned asset management, taxation, market supervision, financial supervision and other departments shall, in accordance with their duties, do a good job in ensuring the payment of migrant workers' wages.

Article 8 Trade unions, communist youth leagues, women's federations, disabled persons' federations and other organizations shall, in accordance with their duties and in accordance with the law, safeguard the right of migrant workers to receive wages.

Article 9 the news media shall carry out public welfare publicity and advanced typical reports on laws, regulations and policies to ensure the payment of migrant workers' wages, strengthen public opinion supervision on illegal acts of arrears of migrant workers' wages in accordance with the law, guide employers to enhance their legal awareness of employing workers in accordance with the law and paying wages in full and on time, and guide migrant workers to safeguard their rights in accordance with the law.

Article 10 Migrant workers whose wages are in arrears shall have the right to complain in accordance with the law, or to apply for labor dispute mediation and arbitration and file a lawsuit.

Any unit or individual has the right to report to the administrative department of human resources and social security or other relevant departments the behavior of defaulting on the wages of migrant workers.

The administrative departments of human resources and social security and other relevant departments shall openly report and complain through telephone numbers, websites and other channels, and accept reports and complaints on wage arrears of migrant workers in accordance with the law. The first inquiry responsibility system shall be implemented for the handling of reports and complaints. If it is accepted by the department, it shall be handled in a timely manner according to law; if it is not accepted by the department, it shall be transferred to the relevant department in a timely manner, and the relevant department shall deal with it in a timely manner according to law, and inform the reporting and complainant of the handling results.

Chapter II. Forms and cycles of wage payment

Article 11 The wages of migrant workers shall be paid to the migrant workers themselves in the form of currency, through bank transfer or cash, and shall not be replaced by other forms such as in kind or marketable securities.

Article 12 The employing unit shall pay wages in full in accordance with the wage payment cycle and specific payment date stipulated in the written agreement with the migrant workers or the rules and regulations formulated in accordance with the law.

Article 13 Where the monthly, weekly, daily and hourly wage system is implemented, wages shall be paid on a monthly, weekly, daily and hourly basis; where the piece-rate wage system is implemented, the wage payment cycle shall be agreed upon by both parties in accordance with the law.

Article 14 The specific payment date stipulated in the written agreement between the employer and the migrant worker or the rules and regulations formulated in accordance with the law may be in the current or second period of the labor provided by the migrant worker. If the specific payment date falls on a statutory holiday or rest day, the payment shall be made before the statutory holiday or rest day.

If the employer fails to pay wages on the date of payment due to force majeure, it shall pay in a timely manner after the force majeure is eliminated.

Article 15 The employing unit shall prepare a written wage payment account in accordance with the wage payment cycle and keep it for at least 3 years.

The written salary payment ledger shall include the name of the employer, the payment period, the payment date, the name of the payment object, the ID card number, the contact information, the working hours, the items and amounts of wages payable, the items and amounts of withholding, remitting and deducting, the actual amount of wages, the bank's payment voucher or the signature of migrant workers, etc.

When the employer pays wages to the migrant workers, it shall provide the wage list of the migrant workers themselves.

Chapter III Wage Settlement

Article 16 If an employing unit defaults on the wages of migrant workers, it shall pay off them in accordance with the law.

Article 17: Units that do not have legal business qualifications recruit migrant workers. If the migrant workers have paid their labor but have not received wages, they shall be implemented in accordance with relevant laws and regulations.

Article 18 If an employing unit uses migrant workers dispatched by individuals, units that do not have legal business qualifications, or units that have not obtained a labor dispatch license in accordance with the law, and the wages of migrant workers are in arrears, the employing unit shall pay off the wages and may recover compensation in accordance with the law.

Article 19 Where an employing unit contracts out work tasks to individuals or units that do not have legal business qualifications, resulting in arrears of wages for migrant workers recruited, it shall be implemented in accordance with relevant laws and regulations.

The employer allows individuals, units that do not have legal business qualifications, or units that have not obtained corresponding qualifications to operate in the name of the employer, resulting in arrears of the wages of the recruited migrant workers, the employer shall pay off and can recover the compensation in accordance with the law.

Article 20 Where an employing unit such as a partnership, a sole proprietorship enterprise or an individual economic organization defaults on the wages of migrant workers, it shall be paid off in accordance with the law; if it does not, it shall be paid off by the investor in accordance with the law.

Article 21 When an employer merges or separates, it shall pay off the wages of migrant workers in arrears in accordance with the law before the merger or division is implemented; if it is agreed in writing with the migrant workers, it may be inherited by the employer after the merger or division. Pay off.

Article 22 If the employer is revoked its business license or registration certificate according to law, ordered to close down, revoked or dissolved according to law, it shall pay off the wages of migrant workers in arrears according to law before applying for cancellation of registration.

The main investor of the employer who fails to pay off the wages of migrant workers in accordance with the provisions of the preceding paragraph shall pay off the wages of migrant workers in arrears before registering a new employer.

Chapter IV Special Provisions in the Field of Engineering Construction

Article 23 The construction unit shall have the fund arrangement to meet the construction needs. If there is no financial arrangement to meet the construction requirements, the construction project shall not start construction; if a construction permit is required according to law, the competent department of engineering construction in the relevant industry shall not issue a construction permit.

The funds required for government investment projects shall be put in place in accordance with the relevant provisions of the State, and shall not be advanced by the construction unit.

Article 24 The construction unit shall provide the construction unit with a guarantee for the payment of project funds.

When the construction unit and the general construction contractor conclude a written construction contract in accordance with the law, they shall agree on the measurement cycle of the project payment, the method of settlement of the progress of the project payment and the allocation cycle of labor costs, and agree on the labor costs in accordance with the requirements to ensure that the wages of migrant workers are paid in full and on time. The allocation period for labor costs shall not exceed 1 month.

The construction unit and the general construction contractor shall keep the construction contract for future reference.

Article 25 When the general construction contractor and the subcontractor enter into a written subcontract in accordance with the law, they shall agree on the measurement cycle of the project payment and the method of settlement of the progress of the project payment.

Article 26 the general construction contractor shall, in accordance with the relevant provisions, open a special account for the wages of migrant workers, which shall be used to pay the wages of migrant workers in the construction project.

The relevant information on the opening and use of the special account for the wages of migrant workers shall be properly kept by the general construction contractor for future reference.

Article 27 Financial institutions shall optimize the service process for opening special accounts for migrant workers' wages, and do a good job in the daily management of special accounts for migrant workers' wages; if funds are not allocated as agreed, they shall promptly notify the general construction contractor, and the construction The general contracting unit reports to the administrative department of human resources and social security and the competent department of engineering construction in related industries, and incorporates it into the early warning system for wage arrears.

If the project is completed and the wages of migrant workers are not in arrears, the construction general contractor may apply for cancellation of the special account for migrant workers' wages 30 days after the announcement, and the balance in the account shall be owned by the construction general contractor.

Article 28 The general construction contractor or subcontractor shall conclude labor contracts with the migrant workers recruited in accordance with the law and conduct real-name registration of employment. The qualified industries shall conduct real-name registration and management of employment through the corresponding management service information platform. Personnel who have not concluded a labor contract with the general construction contractor or subcontractor and registered their real names shall not enter the project site for construction.

The general construction contractor shall be equipped with labor managers in the project department, supervise and manage the labor and employment of the subcontractors, master the employment, attendance, wage payment, etc. on the construction site, and review the wage payment form for migrant workers prepared by the subcontractors. The unit shall cooperate.

Construction general contracting units and subcontracting units shall establish employment management accounts and keep them for at least 3 years after the completion of the project and the settlement of all wages.

Article 29 The construction unit shall allocate the project funds in a timely manner in accordance with the contract, and allocate the labor costs to the special account for migrant workers' wages in full and in time, and strengthen the supervision of the construction general contracting unit to pay migrant workers' wages on time and in full.

If the wages of migrant workers are in arrears due to the construction unit's failure to timely allocate the project funds in accordance with the contract, the construction unit shall advance the wages of migrant workers who are in arrears within the limit of the outstanding project funds.

The construction unit shall, with the project as the unit, establish a coordination mechanism to guarantee the payment of migrant workers' wages and a mechanism to prevent wage arrears, urge the general construction contractor to strengthen labor and employment management, and properly handle contradictions and disputes related to the payment of migrant workers' wages. In the event of a collective wage claim for migrant workers, the construction unit shall handle it in a timely manner in conjunction with the general construction contractor, and report the relevant situation to the human resources and social security administrative department of the project location and the relevant industry engineering construction department.

Article 30 The subcontracting unit shall be directly responsible for the real-name management and wage payment of the migrant workers recruited.

The general construction contractor shall supervise the labor and employment of subcontractors and the payment of wages.

If the subcontracting unit defaults on the wages of migrant workers, the construction general contracting unit shall pay off in advance and then recover the compensation in accordance with the law.

If the construction project is subcontracted and the wages of migrant workers are in arrears, the general construction contractor shall pay off in advance and then recover the compensation in accordance with the law.

Article 31 In the field of engineering construction, the system of entrusting the wages of migrant workers of subcontracting units to the construction general contracting unit shall be implemented.

The subcontracting unit shall assess the workload of migrant workers on a monthly basis and prepare a wage payment form, which shall be signed and confirmed by the migrant workers themselves and submitted to the general construction contractor together with the progress of the project in the current month.

According to the wage payment form prepared by the subcontractor, the construction general contractor directly pays the wages to the bank account of the migrant worker through the special account of the migrant worker's wage, and provides the subcontractor with the wage voucher.

The social security card or bank card of the migrant worker bound to the bank account used to pay the wages of the migrant worker shall not be seized or detained by the employer or other personnel for any reason.

Article 32 The general construction contractor shall, in accordance with the relevant provisions, store the wage deposit, which shall be used specifically to pay the wages owed to the migrant workers who provide labor for the contracted project.

The wage deposit shall be stored differently, and the units that have not been in arrears within a certain period of time shall be reduced or exempted, and the storage proportion shall be appropriately increased for the units that have wage arrears. Salary margin can be replaced by a financial institution guarantee.

The specific measures for the storage ratio, storage form, reduction and exemption measures of wage security deposit shall be formulated by the human resources and social security administrative department of the State Council in conjunction with relevant departments.

Article 33 Unless otherwise provided by law, the funds in the special account for the wages of migrant workers and the wage deposit shall not be sealed up, frozen or allocated for reasons other than the payment of the wages of migrant workers who provide labor for the project.

Article 34 The general construction contractor shall set up a notice board for safeguarding rights at a conspicuous position on the construction site, indicating the following matters:

(I) the basic information of the construction unit, the general construction contractor and the project department, the subcontractor, the competent department of engineering construction in relevant industries, and the labor administrator;

(II) the local minimum wage standard, wage payment date and other basic information;

(III) relevant industry engineering construction authorities and labor security supervision complaint reporting telephone numbers, labor dispute mediation and arbitration application channels, legal aid application channels, public legal service hotlines and other information.

Article 35 Where there is a dispute between the construction unit and the general construction contractor or between the contractor and the subcontractor over the quantity, quality and cost of the project, the construction unit shall not fail to allocate the labor costs in the project funds in accordance with the provisions of Article 24 of these regulations because of the dispute, and the general construction contractor shall not fail to pay wages in accordance with the provisions because of the dispute.

Article 36 If a construction unit or a general construction contractor contracts or subcontracts a construction project to an individual or a unit that does not have legal business qualifications, resulting in arrears of wages for migrant workers, the construction unit or the general construction contractor shall pay off.

The construction unit allows other units and individuals to contract construction projects in the name of the construction unit, resulting in arrears of migrant workers' wages, the construction unit shall pay off.

Article 37 If a construction project violates laws and regulations such as land and space planning and engineering construction, resulting in arrears of wages for migrant workers, the construction unit shall pay off.

Chapter V Supervision and Inspection

Article 38 the local people's governments at or above the county level shall establish a monitoring and early warning platform for the payment of wages for migrant workers, so as to realize the timely sharing of information such as the examination and approval of engineering projects, fund implementation, construction permits, labor and employment, wage payment, etc. of human resources and social security, development and reform, judicial administration, finance, housing and urban-rural construction, transportation, water conservancy and other departments.

The administrative department of human resources and social security shall, according to the changes in the relevant indicators of production and operation of enterprises, such as water, electricity and gas supply, property management, credit and taxation, timely monitor and warn the hidden dangers of wage payment and do a good job in prevention. Market supervision, financial supervision, taxation and other departments shall cooperate.

Article 39 the administrative departments of human resources and social security, the competent departments of engineering construction in relevant industries and other relevant departments shall, in accordance with their duties, strengthen the supervision and inspection of the signing of labor contracts between employers and migrant workers, wage payment, and the implementation of real-name management of migrant workers, special account management of migrant workers' wages, payment of wages by construction general contractors, storage of wage deposits, and publicity of rights protection information. Prevent and reduce the occurrence of wage arrears of migrant workers.

Article 40 when investigating and dealing with cases of arrears of wages of migrant workers, the administrative department of human resources and social security needs to inquire about the financial accounts of relevant units and the ownership of real estate and vehicles by relevant parties in accordance with the law, it shall be approved by the person in charge of the administrative department of human resources and social security of the local people's government at or above the city level divided into districts, and the relevant financial institutions and registration departments shall cooperate.

Article 41: When the administrative department of human resources and social security investigates and deals with cases of wage arrears for migrant workers, if the employer refuses to cooperate with the investigation, the subject of repayment and the relevant parties cannot be contacted, it may request the public security organ and other relevant departments to assist in handling.

If the administrative department of human resources and social security discovers that the illegal act of defaulting on the wages of migrant workers is suspected of constituting the crime of refusing to pay labor remuneration, it shall promptly transfer it to the public security organ for review and make a decision in accordance with relevant regulations.

Article 42 if the administrative department of human resources and social security makes a decision to order the payment of the wages of migrant workers in arrears, if the relevant units do not pay, they may apply to the people's court for compulsory enforcement in accordance with the law.

Article 43 The competent department of engineering construction in relevant industries shall regulate the order of the construction market in this field in accordance with the law, investigate and deal with illegal contracting, subcontracting, illegal subcontracting, affiliation, etc., and promptly stop and correct illegal acts that cause arrears of migrant workers' wages.

Article 44 the financial departments, audit institutions and engineering construction departments of relevant industries shall, in accordance with their duties, supervise the allocation of funds to the special account for migrant workers' wages by the construction units of government-invested projects in accordance with the provisions of the project construction contract.

Article 45 the judicial administrative departments and legal aid institutions shall list migrant workers as the key objects of legal aid, and provide convenient legal aid for migrant workers who request to pay wages in accordance with the law.

Relevant institutions of public legal services should actively participate in relevant litigation, consultation, mediation and other activities to help solve the problem of wage arrears of migrant workers.

Article 46 the administrative departments of human resources and social security, the competent departments of engineering construction in relevant industries and other relevant departments shall, in accordance with the requirements of the responsibility system of "who enforces the law and popularizes the law", through various forms such as case interpretation, increase the popularization and publicity of laws and regulations related to the protection of wage payment of migrant workers.

Article 47 the administrative department of human resources and social security shall establish the labor security law-abiding integrity files of the employing unit and the relevant responsible persons, and carry out the evaluation of the law-abiding integrity level of the employing unit.

If the employer has seriously defaulted on the wages of migrant workers, it shall be announced to the public by the administrative department of human resources and social security, and may be publicly exposed to the media by holding a press conference and other forms when necessary.

Article 48: Where an employer defaults on the wages of migrant workers, if the circumstances are serious or cause serious adverse social effects, the relevant department shall include the employer and its legal representative or main person in charge, the directly responsible person in charge and other directly responsible persons Included in the list of joint punishment targets for arrears of migrant workers' wages and dishonesty, restrictions are imposed in accordance with laws and regulations in terms of government financial support, government procurement, bidding, financing loans, market access, tax incentives, evaluation of excellence, and transportation.

The specific circumstances under which the wages of migrant workers in arrears need to be included in the list of joint punishments for dishonesty shall be stipulated by the administrative department of human resources and social security under the State Council.

Article 49 If a construction unit fails to provide a guarantee for the payment of project funds in accordance with the law or defaults on project funds for government-invested projects, resulting in arrears of wages for migrant workers, the local people's government at or above the county level shall restrict its new projects, record them in the credit record, and include them in the national credit information system for publicity.

Article 50 If there is a dispute between migrant workers and the employing unit over the arrears of wages, the employing unit shall provide the labor contract, employee roster, wage payment ledger and list and other materials kept by it in accordance with the law; if it does not provide it, it shall bear the adverse consequences in accordance with the law.

Article 51 The trade union shall safeguard the wage rights and interests of migrant workers in accordance with the law, and supervise the payment of wages by employers; if it finds that the wages of migrant workers are in arrears, it may require the employer to make corrections, and if it refuses to make corrections, it may request the human resources and social security administrative department and other relevant departments to deal with it in accordance with the law.

Article 52: Units or individuals who fabricate false facts or use illegal means to ask for migrant workers' wages, or ask for project funds in the name of arrears of migrant workers' wages, shall be dealt with in accordance with the law.

Chapter VI Legal Liability

Article 53 In violation of the provisions of these regulations, the wages of migrant workers in arrears shall be implemented in accordance with the relevant laws and regulations.

Article 54 under any of the following circumstances, the administrative department of human resources and social security shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, the unit shall be fined not less than 20000 yuan but not more than 50000 yuan, and the legal representative or principal responsible person, directly responsible person in charge and other directly responsible persons shall be fined not less than 10000 yuan but not more than 30000 yuan:

(I) pay the wages of migrant workers in kind, marketable securities and other forms instead of currency;

(II) fail to compile wage payment ledgers and keep them in accordance with the law, or fail to provide wage lists to migrant workers;

(III) the seizure or disguised seizure of the migrant workers' own social security card or bank card bound to the bank account used to pay the wages of migrant workers.

Article 55 in case of any of the following circumstances, the administrative department of human resources and social security and the competent department of engineering construction of relevant industries shall, in accordance with their duties, order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to stop the project and impose a fine of 50000 yuan to 100000 yuan; if the circumstances are serious, the construction unit shall be given penalties such as restricting the undertaking of new projects, lowering the qualification level and revoking the qualification certificate:

(I) the construction general contractor fails to open or use the special account for migrant workers' wages as required;

(II) the general construction contractor fails to store the salary security deposit or provide the financial institution guarantee;

(III) construction general contracting units and subcontracting units have not implemented real-name management of labor and employment.

Article 56 in any of the following circumstances, the administrative department of human resources and social security and the competent department of engineering construction of relevant industries shall, in accordance with their duties, order them to make corrections within a time limit; if they fail to make corrections within the time limit, they shall be fined not less than 50000 yuan but not more than 100000 yuan:

(I) subcontractors fail to assess the workload of migrant workers on a monthly basis, prepare wage payment forms and confirm them with the signatures of migrant workers themselves;

(II) the general contractor fails to supervise and manage the labor and employment of subcontractors;

(III) subcontractors fail to cooperate with the general contractor to supervise and manage their labor and employment;

(IV) construction general contractor did not implement the construction site rights protection information publicity system.

Article 57 in case of any of the following circumstances, the administrative department of human resources and social security and the competent department of engineering construction of relevant industries shall, in accordance with their duties, order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to stop the project and impose a fine of not less than 50000 yuan but not more than 100000 yuan:

(I) construction unit fails to provide payment guarantee for project funds according to law;

(II) the construction unit fails to allocate the labor costs in the project funds to the special account for migrant workers' wages in full and on time as agreed;

(III) the construction unit or the general construction contractor refuses to provide or is unable to provide relevant information on the project construction contract and the special account for the wages of migrant workers.

Article 58 those who fail to cooperate with the administrative department of human resources and social security to inquire about the financial accounts of relevant units in accordance with the law shall be ordered by the financial regulatory department to make corrections; if they refuse to make corrections, they shall be fined not less than 20000 yuan but not more than 50000 yuan.

Article 59: If the government investment funds for government investment projects are not in place and the wages of migrant workers are in arrears, the human resources and social security administrative department shall report to the people's government at the same level for approval, and order the full amount of the arrears to be allocated within a time limit; if the funds are not allocated within the time limit, The human resources and social security administrative department of the people's government at the next higher level interviewed the persons in charge of the directly responsible departments and relevant regulatory departments, and the local people's governments when necessary. If the circumstances are serious, the person in charge of the local people's government and its relevant departments, the person in charge directly responsible and other persons directly responsible shall be punished in accordance with laws and regulations.

Article 60 If the construction unit of a government investment project establishes a project without approval, expands the construction scale without authorization, increases the investment budget without authorization, fails to allocate the project funds in time, etc., resulting in arrears of migrant workers' wages, in addition to assuming responsibilities according to law, the human resources and social security administration The department and other relevant departments shall interview the person in charge of the construction unit in accordance with their duties and serve as an important basis for their performance evaluation, salary distribution, evaluation, evaluation, evaluation, evaluation, and evaluation, and evaluation, and evaluation, and evaluation.

Article 61: If the construction funds are not in place and the social investment project construction projects that start construction in violation of laws and regulations are in arrears with the wages of migrant workers, the human resources and social security administrative department and other relevant departments shall punish the construction unit in accordance with their duties and duties; The person in charge shall be punished in accordance with laws and regulations. If the staff of the relevant departments fail to perform their duties in accordance with the law, the relevant authorities shall impose sanctions in accordance with the law.

Article 62: The staff of the human resources and social security, development and reform, finance, public security and other departments of the local people's government at or above the county level and the competent department of engineering construction in related industries abuse their power, neglect their duties, and play favoritism in the process of performing the supervision and management of migrant workers' wages. Those who engage in malpractices shall be punished in accordance with laws and regulations; if a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

Article 63 If the employer is temporarily unable to pay the wages of migrant workers in arrears or the wages of migrant workers in arrears escape, the local people's government at or above the county level may use the emergency working capital to advance part of the wages or basic living expenses of migrant workers owed by the employer. The emergency working capital that has been advanced shall be recovered from the employing units that owe the wages of migrant workers in accordance with the law.

Article 64 These Regulations shall come into force on May 1, 2020.