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各设区市劳动保障局、建设局:近几年来,各级劳动保障和建设行政主管部门为制止建筑业企业拖欠、克扣农民工工资,采取了许多措施,取得了一定成效。但建筑业企业拖欠、克扣农民工工资现象仍时有发生,特别是元旦春节前后这类问题更加突出,因被拖欠、克扣工资引发的争议、集体上访等突发性事件直接影响了社会的稳定。最近,国务院办公厅下发了《关于做好农民进城务工就业管理和服务工作的通知》(国办发[2003]1号),省劳动保障厅、经贸委、财政厅等部门于年初也下发了《关于加强协调劳动关系三方合作保证职工按时足额领取工资的通知》(闽劳社文[2003]4号),要求制止企业拖欠和克扣农民工工资。为了深入贯彻国办文件精神,把党的十六大精神和“三个代表”重要思想落到实处,从源头上杜绝建筑业企业拖欠、克扣农民工工资等劳动违法行为的发生,维护建筑市场的正常秩序,切实保护农民工的合法权益,促进社会稳定,现就处理建筑业企业拖欠、克扣农民工工资有关问题通知如下:一、严厉查处建筑业企业拖欠和克扣农民工工资行为1、各级劳动保障行政部门要会同建设行政主管部门,通过劳动用工年检和日常巡查,及时发现和纠正拖欠克扣农民工工资行为;要在岁末年初集中联合开展农民工工资支付情况专项检查,对存在拖欠和克扣农民工工资行为的单位,应按照《劳动法》和原劳动部《违反〈中华人民共和国劳动法〉行政处罚办法》(劳部发[1994]532号)规定责令支付农民工工资报酬、经济补偿,并可责令按相当于支付农民工
In each of the past few years, the departments of labor security and construction at all levels have made some achievements in stopping the arrears of construction enterprises and deducting the wage of migrant workers and taking many measures. However, the problem of arrears in construction enterprises and deduction of wages of migrant workers still occurs. Especially during the Spring Festival of New and New Year, such problems have become more prominent. Sudden incidents such as arrears, deduction of wage-induced disputes and collective petitions have a direct impact on social stability . Recently, the General Office of the State Council issued the Notice on Doing Farmers' Employment Management and Service for Migrant Workers in Cities (Guo Ban Fa [2003] No. 1), the Provincial Labor and Social Security Department, the Economic and Trade Commission, and the Department of Finance in the beginning of the year The Circular on Strengthening Tripartite Cooperation in Coordinating Labor Relations to Guarantee Employees' Full and Regular Wages Received on Time (Minluoshe [2003] No. 4) issued a circular calling for stopping the arrears of enterprises and curbing the wage of migrant workers. In order to thoroughly implement the spirit of the document for state-run administration, implement the spirit of the 16th National Congress of the CPC and the important thinking of the 'Three Represents,' put an end to the occurrence and maintenance of labor unlawful acts such as arrears in construction industry and deduction of wages of migrant workers from the source The normal order of the construction market, and effectively protect the legitimate rights and interests of migrant workers and promote social stability, are now dealing with construction enterprises in arrears, the deduction of migrant workers wage issues related to the following: First, severely punished construction enterprises in arrears and wage deduction of migrant workers 1 , The administrative departments of labor security at all levels shall work together with the administrative department of construction to timely detect and correct the wage defaulting on migrant workers through the annual inspection of labor and employment and routine inspections. At the beginning of the year-end, the special inspection on the payment of wages for migrant workers should be conducted in a centralized manner. Units in arrears with or withholding the wage of migrant workers shall be ordered to pay migrant workers wages in accordance with the provisions of the Labor Law and the “Administrative Punishment Violation of the Labor Law of the People's Republic of China” (Labor Department [1994] No. 532) issued by the former Ministry of Labor Compensation, economic compensation, and may be ordered to pay the equivalent of migrant workers