Regulations on Guaranteeing the Payment of Wages to Migrant Workers

Chapter 1 General Provisions

Article 1 These Regulations are formulated in accordance with the "Labor Law of the People's Republic of China" and relevant laws and regulations in order to regulate wage payment behaviors for migrant workers and ensure that migrant workers receive their wages on time and in full.

Article 2 These Regulations apply to guaranteeing the payment of wages to migrant workers.

For the purposes of these Regulations, "migrant workers" refers to rural residents who provide labor for employers.

For the purposes of these Regulations, "wages" refers to the remuneration that migrant workers should receive after providing labor for employers.

Article 3 Migrant workers have the right to receive wages on time and in full. No unit or individual may be in arrears with migrant workers' wages.

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 guaranteeing the payment of wages to migrant workers within their administrative regions, establish a coordination mechanism for guaranteeing the payment of wages to migrant workers, strengthen the construction of supervision capabilities, improve the target responsibility system for guaranteeing the payment of wages to migrant workers, and incorporate it into the assessment and supervision of relevant departments of the people's government at the same level and the people's government at the lower level.

The people's governments of townships and sub-district offices shall strengthen the investigation and mediation of contradictions over wage arrears for migrant workers, prevent and resolve contradictions, and mediate disputes in a timely manner.

Article 5 Guaranteeing the payment of wages to migrant workers shall adhere to the principles of market entities being responsible, the government supervising according to law, and social collaboration and supervision, and shall eradicate the problem of wage arrears for migrant workers in accordance with the requirements of source governance, prevention first, combination of prevention and control, and both short-term and long-term solutions.

Article 6 Employers shall implement a real-name system for the employment of migrant workers, and agree in writing with the employed migrant workers or stipulate in the rules and regulations formulated in accordance with the law the wage payment standards, payment time, payment methods and other contents.

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

Article 8 The competent departments of housing and urban-rural construction, transportation, water conservancy and other relevant industries shall perform their industry supervision responsibilities in accordance with their duties, and supervise and handle cases of wage arrears for migrant workers caused by illegal contracting, subcontracting, illegal subcontracting, affiliation, and arrears of project funds.

Article 9 The departments of development and reform shall be responsible for the examination and approval management of government investment projects in accordance with their duties, review the source and method of raising funds for 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 restrictions and punishments on objects of joint disciplinary action for untrustworthiness in arrears of wages to migrant workers in accordance with laws and regulations.

Article 10 The financial department shall be responsible for the budget management of government investment funds, and shall allocate government investment funds in a timely manner and in full amount in accordance with the approved budget.

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

The departments of judicial administration, natural resources, the People's Bank of China, auditing, state-owned asset management, taxation, market supervision, and financial supervision shall, in accordance with their respective responsibilities, do a good job in relation to guaranteeing the payment of migrant workers' wages.

Article 8 Trade unions, the Communist Youth League, women's federations, disabled persons' federations and other organizations shall, in accordance with their respective responsibilities, safeguard the right of migrant workers to obtain wages in accordance with the law.

Article 9 News media shall carry out public welfare publicity of laws, regulations and policies on guaranteeing the payment of migrant workers' wages and reports on advanced models, strengthen public opinion supervision on illegal acts of arrears in 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 on time and in full, and guide migrant workers to safeguard their rights in accordance with the law.

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

Any unit or individual has the right to report the act of arrears in migrant workers' wages to the administrative department of human resources and social security or other relevant departments.

The administrative departments of human resources and social security and other relevant departments shall publicize channels such as telephone numbers and websites for reporting complaints, and accept reports and complaints about arrears in migrant workers' wages in accordance with the law. The first-question responsibility system shall be implemented for the handling of reports and complaints. If it falls under the acceptance of the department, it shall be handled in a timely manner in accordance with the law; if it does not fall under the acceptance of the department, it shall be transferred to the relevant department in a timely manner, and the relevant department shall handle it in a timely manner in accordance with the law and inform the reporter and complainant of the handling result.

Chapter II Form and Cycle of Wage Payment

Article 11 Migrant workers' wages shall be paid to the migrant workers themselves in monetary form through bank transfer or cash, and shall not be replaced by other forms such as physical objects or securities.

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

Article 13 If the monthly, weekly, daily, or hourly wage system is implemented, wages shall be paid on a monthly, weekly, daily, or hourly basis; if 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 the current period or the next period in which the migrant worker provides labor. If the specific payment date falls on a statutory holiday or rest day, it shall be paid before the statutory holiday or rest day.

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

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

The written wage payment ledger shall include the name of the employer, payment cycle, payment date, name, ID number, contact information of the payment object, working hours, items and amounts of wages payable, items and amounts of withholding, withholding, and deduction, amount of wages actually paid, bank payroll vouchers or signatures of migrant workers, etc.

When paying wages to migrant workers, the employer shall provide the migrant worker's own wage slip.

Chapter III Wage Payment

Article 16 If an employer is in arrears of wages to migrant workers, it shall pay them in accordance with the law.

Article 17 If a unit that does not have legal business qualifications employs migrant workers, and the migrant workers have paid labor but have not received wages, it shall be handled in accordance with relevant laws and regulations.

Article 18 If a user 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 is in arrears of wages to migrant workers, the user unit shall pay them and may recover them in accordance with the law.

Article 19 If an employer contracts out work tasks to individuals or units that do not have legal business qualifications, resulting in arrears in wages to the employed migrant workers, it shall be handled in accordance with relevant laws and regulations.

If an employer allows individuals, units that do not have legal business qualifications, or units that have not obtained corresponding qualifications to operate externally in the name of the employer, resulting in arrears in wages to the employed migrant workers, the employer shall pay them and may recover them in accordance with the law.

Article 20 If employers such as partnership enterprises, sole proprietorship enterprises, and individual economic organizations are in arrears of wages to migrant workers, they shall pay them in accordance with the law; if they fail to pay them, the investors shall pay them in accordance with the law.

Article 21 When an employer merges or splits, it shall pay off the arrears of migrant workers' wages in accordance with the law before the implementation of the merger or split; with the written consent of the migrant workers, the employer that inherits its rights and obligations after the merger or split may pay them.

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

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

Chapter IV Special Provisions for the Field of Construction Engineering

Article 23 The construction unit shall have the necessary funding arrangements to meet the construction needs. If there is no funding arrangement to meet the construction needs, the construction project shall not start construction; if a construction permit needs to be obtained in accordance with the law, the relevant industry construction authority shall not issue a construction permit.

The funds required for government investment projects shall be implemented in accordance with relevant national regulations, and construction units shall not be allowed to advance funds for construction.

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

The construction unit and the general construction contractor shall sign a written construction contract in accordance with the law, stipulating the project fund measurement cycle, the project fund progress settlement method, and the labor cost allocation cycle, and stipulating the labor cost in accordance with the requirements for ensuring the timely and full payment of migrant workers' wages. The allocation cycle of labor costs shall not exceed 1 month.

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

Article 25 The general construction contractor and the subcontractor shall sign a written subcontract in accordance with the law, stipulating the project fund measurement cycle and the project fund progress settlement method.

Article 26 The general construction contractor shall open a special account for migrant workers' wages in accordance with relevant regulations, which shall be used exclusively for paying the wages of migrant workers in the construction project.

The general construction contractor shall properly keep the relevant information on the opening and use of the special account for migrant workers' wages 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 they find that funds are not allocated as agreed, they shall promptly notify the general contractor, who shall report to the administrative department of human resources and social security and the relevant competent department of the construction industry and incorporate it into the wage arrears early warning system.

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

Article 28. The general contractor or subcontractor shall sign labor contracts with the migrant workers it employs in accordance with the law and register their real names for employment. Industries with conditions shall register and manage their real names for employment through the corresponding management service information platform. Personnel who have not signed a labor contract with the general contractor or subcontractor and registered their real names for employment shall not be allowed to enter the project site for construction.

The general contractor shall equip the project department with a special labor management officer to supervise and manage the labor employment of the subcontractors, keep abreast of the employment, attendance, and wage payment on the construction site, and review the wage payment table for migrant workers prepared by the subcontractors, and the subcontractors shall cooperate.

The general contractor and the subcontractor shall establish a labor management ledger and keep it for at least 3 years after the completion of the project and the full settlement of 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 a timely and full amount, and strengthen the supervision of the general contractor's timely and full payment of migrant workers' wages.

If the wages of migrant workers are in arrears due to the construction unit's failure to allocate the project funds in a timely manner in accordance with the contract, the construction unit shall first pay the arrears of migrant workers' wages within the limit of the unsettled project funds.

The construction unit shall establish a coordination mechanism for guaranteeing the payment of migrant workers' wages and a wage arrears prevention mechanism on a project basis, urge the general contractor to strengthen labor employment management, and properly handle contradictions and disputes related to the payment of migrant workers' wages. In the event of a collective wage demand incident involving migrant workers, the construction unit shall, together with the general contractor, handle it in a timely manner and report the relevant situation to the administrative department of human resources and social security and the relevant competent department of the construction industry at the location of the project.

Article 30. The subcontractor is directly responsible for the real-name management and wage payment of the migrant workers it employs.

The general contractor shall supervise the labor employment and wage payment of the subcontractor.

If the subcontractor is in arrears with the wages of migrant workers, the general contractor shall first pay them off and then recover them in accordance with the law.

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

Article 31. The system of entrusting the general contractor to pay the wages of migrant workers of the subcontractor on behalf of the subcontractor shall be promoted in the field of project construction.

The subcontractor shall assess the workload of migrant workers on a monthly basis and prepare a wage payment table, which shall be submitted to the general contractor together with the project progress of the month after being signed and confirmed by the migrant workers themselves.

The general contractor shall directly pay the wages to the migrant worker's own bank account through the special account for migrant workers' wages according to the wage payment table prepared by the subcontractor, and provide the subcontractor with the wage payment voucher.

The social security card or bank card of the migrant worker himself/herself bound to the bank account used to pay the wages of migrant workers shall not be withheld or disguised by the employer or other personnel for any reason.

Article 32. The general contractor shall store wage security deposits in accordance with relevant regulations, which shall be used exclusively for paying the arrears of wages to migrant workers who provide labor for the contracted project.

A differentiated storage method shall be implemented for wage security deposits. Units that have not had wage arrears for a certain period of time shall be given reduction or exemption measures, and the storage ratio shall be appropriately increased for units that have wage arrears. Wage security deposits can be replaced by financial institution guarantees.

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

Article 33. Except as otherwise provided by law, the funds in the special account for migrant workers' wages and the wage security deposit shall not be sealed up, frozen or transferred for reasons other than paying the wages of migrant workers who provide labor for the project.

Article 34. The general contractor shall set up a rights protection information bulletin board in a prominent position on the construction site, clearly indicating the following items:

(1) Basic information such as the construction unit, the general contractor and its project department, the subcontractor, the relevant competent department of the construction industry, and the special labor management officer;

(2) Basic information such as the local minimum wage standard and the wage payment date;

(3) Information such as the complaint and reporting telephone numbers of the relevant competent department of the construction industry and labor security supervision, the channels for applying for labor dispute mediation and arbitration, the channels for applying for legal aid, and the public legal service hotline.

Article 35. If there is a dispute between the construction unit and the general contractor or between the contractor and the subcontractor due to the quantity, quality, cost, etc. 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 due to the dispute, and the general contractor shall not fail to pay wages on behalf of the subcontractor in accordance with the regulations due to the dispute.

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

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

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

Chapter 5 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 migrant workers' wages to realize the timely sharing of information on project approval, fund implementation, construction permits, labor employment, and wage payment of human resources and social security, development and reform, judicial administration, finance, housing and urban-rural development, transportation, water conservancy and other departments.

The administrative department of human resources and social security shall, according to the changes in the supply of water, electricity, gas, property management, credit, taxation and other indicators reflecting the production and operation of enterprises, monitor and give early warning of potential wage payment risks in a timely manner and do a good job in prevention. The market supervision, financial supervision, taxation and other departments shall cooperate.

Article 39. The administrative department of human resources and social security, the relevant competent department of the construction industry and other relevant departments shall, in accordance with their respective responsibilities, strengthen the supervision and inspection of employers' signing of labor contracts with migrant workers, wage payment, and the implementation of real-name management of migrant workers, special account management of migrant workers' wages, wage payment by the general contractor, wage security deposit storage, and public information disclosure of rights protection in project construction, so as to prevent and reduce the occurrence of wage arrears for migrant workers.

Article 40: When investigating and handling cases of wage arrears for migrant workers, if the administrative department of human resources and social security needs to inquire about the financial accounts of relevant entities and the real estate, vehicles, etc. owned by relevant parties in accordance with the law, it shall be subject to the approval of the person in charge of the administrative department of human resources and social security of the people's government at the level of a city divided into districts or above, and relevant financial institutions and registration departments shall cooperate.

Article 41: When investigating and handling cases of wage arrears for migrant workers, if the employing unit refuses to cooperate with the investigation or the responsible party and relevant parties cannot be contacted, the administrative department of human resources and social security may request assistance from the public security organ and other relevant departments.

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

Article 42: If the relevant unit fails to pay after the administrative department of human resources and social security makes a decision ordering the payment of the unpaid wages of migrant workers, it may apply to the people's court for compulsory enforcement in accordance with the law.

Article 43: The competent construction departments of relevant industries shall regulate the construction market order in their respective fields in accordance with the law, investigate and deal with illegal contracting, subcontracting, illegal sub-subcontracting, and affiliation, and promptly stop and correct illegal acts that lead to wage arrears for migrant workers.

Article 44: The financial department, the auditing authority, and the competent construction departments of relevant industries shall, in accordance with their respective responsibilities, supervise the allocation of funds to the special wage accounts for migrant workers by the construction units of government investment projects in accordance with the provisions of the project construction contract.

Article 45: The judicial administration department and legal aid institutions shall list migrant workers as key targets of legal aid and provide convenient legal aid to migrant workers who request payment of wages in accordance with the law.

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

Article 46: The administrative departments of human resources and social security, the competent construction departments of relevant industries, and other relevant departments shall, in accordance with the requirements of the "who enforces the law, who popularizes the law" publicity responsibility system, increase the popularization and publicity of relevant laws and regulations on guaranteeing the payment of wages to migrant workers through various forms such as interpreting laws through cases.

Article 47: The administrative department of human resources and social security shall establish labor security compliance and integrity files for employers and related responsible persons, and conduct compliance and integrity level evaluations for employers.

If an employer has serious illegal acts of arrears in the payment of wages to migrant workers, the administrative department of human resources and social security shall announce it to the public, and may publicly expose it to the media by holding press conferences and other forms when necessary.

Article 48: If an employer is in arrears with the wages of migrant workers, and the circumstances are serious or cause serious adverse social impact, the relevant departments shall include the employer and its legal representative or main person in charge, the person in charge directly responsible, and other directly responsible personnel in the list of untrustworthy joint disciplinary action objects for wage arrears for migrant workers, and shall impose restrictions in accordance with laws and regulations in terms of government funding support, government procurement, bidding, financing loans, market access, tax incentives, evaluation and commendation, and transportation.

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

Article 49: If the construction unit fails to provide payment guarantees for project funds in accordance with the law or the government investment project is in arrears with project funds, resulting in wage arrears for migrant workers, the local people's government at or above the county level shall restrict its new construction projects and record it in the credit record, and include it in the national credit information system for public announcement.

Article 50: If there is a dispute between a migrant worker and an employer regarding wage arrears, the employer shall provide labor contracts, employee rosters, wage payment ledgers and lists, etc. that are legally kept by it; if it fails to provide them, it shall bear the adverse consequences in accordance with the law.

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

Article 52: Any unit or individual that fabricates false facts or takes illegal means to demand wages for migrant workers, or demands project funds in the name of wage arrears for migrant workers, shall be dealt with in accordance with the law.

Chapter VI Legal Liability

Article 53: If wages of migrant workers are in arrears in violation of the provisions of this Regulation, it shall be implemented in accordance with relevant laws and regulations.

Article 54: If any of the following circumstances occurs, 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, it shall be fined not less than 20,000 yuan but not more than 50,000 yuan, and the legal representative or main person in charge, the person in charge directly responsible, and other directly responsible personnel shall be fined not less than 10,000 yuan but not more than 30,000 yuan:

(1) Paying migrant workers' wages in the form of physical objects, negotiable securities, etc. instead of currency;

(2) Failing to prepare a wage payment ledger and keep it in accordance with the law, or failing to provide a wage list to migrant workers;

(3) Detaining or indirectly detaining the migrant worker's social security card or bank card bound to the bank account used to pay the migrant worker's wages.

Article 55: If any of the following circumstances occurs, the administrative department of human resources and social security and the competent construction departments of relevant industries shall order it to make corrections within a time limit in accordance with their respective responsibilities; if it fails to make corrections within the time limit, it shall order the project to be suspended and shall be fined not less than 50,000 yuan but not more than 100,000 yuan; if the circumstances are serious, the construction unit shall be given penalties such as restricting the undertaking of new projects, reducing the qualification level, and revoking the qualification certificate:

(1) The general contractor of the project fails to open or use a special wage account for migrant workers as required;

(2) The general contractor of the project fails to deposit a wage deposit as required or fails to provide a financial institution guarantee;

(3) The general contractor and subcontractor of the project fail to implement real-name management of labor employment.

Article 56: If any of the following circumstances occurs, the administrative department of human resources and social security and the competent construction departments of relevant industries shall order it to make corrections within a time limit in accordance with their respective responsibilities; if it fails to make corrections within the time limit, it shall be fined not less than 50,000 yuan but not more than 100,000 yuan:

(1) The subcontractor fails to assess the workload of migrant workers on a monthly basis, prepare a wage payment table, and have it signed and confirmed by the migrant worker;

(2) The general contractor of the project fails to supervise and manage the labor employment of the subcontractor;

(3) The subcontractor fails to cooperate with the general contractor of the project in supervising and managing its labor employment;

(4) The general contractor of the project fails to implement the publicity system for safeguarding rights and interests at the construction site.

Article 57: If any of the following circumstances occurs, the administrative department of human resources and social security and the competent construction departments of relevant industries shall order it to make corrections within a time limit in accordance with their respective responsibilities; if it fails to make corrections within the time limit, it shall order the project to be suspended and shall be fined not less than 50,000 yuan but not more than 100,000 yuan:

(1) The construction unit fails to provide payment guarantees for project funds in accordance with the law;

(II) The construction unit fails to allocate the labor costs in the project funds to the special wage account for migrant workers in a timely and sufficient manner as agreed;

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

Article 58: If a unit fails to cooperate with the administrative department of human resources and social security in inquiring about the financial accounts of relevant units in accordance with the law, the financial regulatory department shall order it to make corrections; if it refuses to make corrections, a fine of between 20,000 yuan and 50,000 yuan shall be imposed.

Article 59: If government-invested projects delay the payment of migrant workers' wages due to insufficient government investment funds, the administrative department of human resources and social security shall, upon approval by the people's government at the same level, order the full allocation of the arrears 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 shall interview the person in charge of the directly responsible department and relevant regulatory departments, and shall circulate a notice if necessary, and interview the person in charge of the local people's government. If the circumstances are serious, the persons in charge of the local people's government and its relevant departments, the directly responsible supervisors and other directly responsible persons shall be given sanctions in accordance with laws and regulations.

Article 60: If the construction unit of a government-invested project delays the payment of migrant workers' wages due to unapproved project establishment, unauthorized expansion of the construction scale, unauthorized increase in the investment budget, or failure to allocate project funds in a timely manner, in addition to bearing the responsibility in accordance with the law, the administrative department of human resources and social security and other relevant departments shall interview the person in charge of the construction unit in accordance with their respective responsibilities, and this shall be used as an important basis for their performance appraisal, salary distribution, evaluation and commendation, and promotion.

Article 61: For social investment construction projects with insufficient construction funds and illegal construction that delay the payment of migrant workers' wages, the administrative department of human resources and social security and other relevant departments shall punish the construction unit in accordance with the law and their respective responsibilities; the person in charge of the construction unit shall be given sanctions in accordance with laws and regulations. If the staff of relevant departments fail to perform their duties in accordance with the law, the relevant authorities shall give sanctions in accordance with laws and regulations.

Article 62: If the staff of the human resources and social security, development and reform, finance, public security and other departments of the local people's governments at or above the county level and the competent departments of relevant industries and construction projects abuse their powers, neglect their duties, or engage in malpractice for personal gain in the process of performing their duties of supervising and managing the payment of migrant workers' wages, they shall be given sanctions in accordance with laws and regulations; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Chapter VII Supplementary Provisions

Article 63: If an employer has temporary difficulties in paying the wages of migrant workers in arrears or absconds with the wages of migrant workers in arrears, the local people's government at or above the county level may use emergency revolving funds to pay in advance part of the wages or basic living expenses owed to the migrant workers by the employer. The emergency revolving funds that have been paid in advance shall be recovered from the employer that owes the wages of migrant workers in accordance with the law.

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