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Regulations on Guaranteeing the Payment of Wages to Migrant Workers

author:The rule of law wild goose pagoda

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

No. 724

The "Regulations on Guaranteeing the Payment of Wages to Migrant Workers" was adopted at the 73rd executive meeting of the State Council on December 4, 2019, and is hereby promulgated to take effect on May 1, 2020.

Prime Minister Li Keqiang

December 30, 2019

Regulations on Guaranteeing the Payment of Wages to Migrant Workers

Chapter I: General Provisions

Article 1: These Regulations are formulated on the basis of the "Labor Law of the People's Republic of China" and other relevant laws and regulations, so as to regulate the payment of migrant workers' wages and ensure that migrant workers receive their wages on time and in full.

Article 2: These Regulations apply to ensuring the payment of migrant workers' wages.

"Migrant workers" as used in these Regulations refers to rural residents who provide labor for employers.

"Wages" as used in these Regulations refers to the remuneration that migrant workers should receive after providing labor for their 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 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: Local people's governments at the county level or above are responsible for efforts to ensure the payment of migrant workers' wages within their respective administrative regions, establish coordination mechanisms for efforts to ensure the payment of migrant workers' wages, strengthen the building of regulatory capacity, complete a target responsibility system for efforts to ensure the payment of migrant workers' wages, and include it in the evaluation and oversight of the relevant departments of the people's governments at the same level and the people's governments at lower levels.

Township people's governments and neighborhood offices shall strengthen efforts to investigate and mediate conflicts in arrears of wages for migrant workers, prevent and resolve conflicts, and promptly mediate disputes.

Article 5: Ensuring the payment of migrant workers' wages shall persist in the responsibility of market entities, the government's regulation in accordance with law, and coordinated social oversight, and follow the requirements of treating at the source, putting prevention first, combining prevention and treatment, and treating both the symptoms and the root causes, to lawfully eradicate the problem of wage arrears for migrant workers.

Article 6: Employers are to implement a real-name system for the management of migrant workers, and stipulate wage payment standards, payment times, payment methods, and other such content through written agreements with the migrant workers they recruit or through rules and regulations formulated in accordance with law.

Article 7: The administrative departments for human resources and social security are responsible for the organization and coordination, management and guidance of efforts to ensure the payment of migrant workers' wages, as well as the supervision and inspection of the payment of migrant workers' wages, and for investigating and handling cases of arrears of wages for migrant workers.

The competent departments for 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 arrears of wages for migrant workers caused by illegal contracting, subcontracting, illegal subcontracting, affiliation, and arrears of project payments.

In accordance with their duties, departments such as for development and reform are responsible for the approval and management of government investment projects, lawfully reviewing the sources of funds and methods of raising government investment projects, promptly arranging government investment in accordance with provisions, strengthening the establishment of the social credit system, and organizing restrictions and punishments in accordance with laws and regulations for the targets of joint disciplinary action against untrustworthiness in arrears of migrant workers' wages.

The financial department is responsible for the budget management of government investment funds, and disburses government investment funds in full and in a timely manner according to the approved budget.

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

Departments such as for judicial administration, natural resources, the People's Bank of China, auditing, state-owned asset management, taxation, market regulation, and financial supervision are to do a good job of work related to ensuring the payment of migrant workers' wages in accordance with their duties.

Article 8: Trade unions, Communist Youth Leagues, women's federations, disabled persons' federations, and other such organizations are to preserve migrant workers' right to receive wages in accordance with their duties and law.

Article 9: The news media shall carry out public interest publicity and reports on advanced models of laws, regulations, and policies to ensure the payment of migrant workers' wages, strengthen public opinion oversight of illegal acts of arrears of migrant workers' wages in accordance with law, guide employers to increase their legal awareness of lawful employment and payment of wages in full and on time, and guide migrant workers to protect their rights in accordance with law.

Article 10: Migrant workers who are owed wages have the right to file a complaint in accordance with law, or to apply for mediation and arbitration of labor disputes and to 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 any act of arrears in the wages of migrant workers.

The administrative departments for human resources and social security and other relevant departments shall make public channels such as telephone numbers and websites for reporting and complaints, and accept reports and complaints about wage arrears for migrant workers in accordance with law. The handling of reports and complaints shall be subject to a first-question responsibility system, and where they are accepted by the department, they shall be promptly handled in accordance with law;

Chapter II Form and Cycle of Wage Payment

Article 11: Migrant workers' wages shall be paid to the migrant workers themselves in the form of money, through bank transfers or cash, and must not be substituted in kind, securities, or other forms.

Article 12: Employers 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 law.

Article 13 Where the monthly, weekly, daily and hourly wage system is implemented, wages shall be paid in monthly, weekly, daily and hourly cycles;

Article 14: The specific payment date specified in the rules and regulations agreed in writing between the employer and the migrant worker or formulated in accordance with law may be in the current or next period in which the migrant worker provides labor. If the specific date of payment falls on a legally-prescribed holiday or rest day, it shall be paid before the legally-prescribed holiday or rest day.

If the employer fails to pay wages on the payment date due to force majeure, it shall pay the wages 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, the payment period, the date of payment, the name of the payment recipient, ID card number, contact information, working hours, the items and amounts of wages to be paid, the items and amounts withheld, paid and deducted, the amount of actual wages, and the receipt of wages by the bank or the signature of the migrant workers.

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

Chapter III Wage Settlement

Article 16: Where an employer is in arrears with the wages of migrant workers, it shall pay it off in accordance with law.

Article 17: Where units that do not have legal business qualifications recruit migrant workers, and the migrant workers have already paid their labor but have not received wages, it shall be enforced in accordance with the relevant legal provisions.

Article 18: Where an employing unit uses migrant workers dispatched by individuals, units that do not have legal business qualifications, or units that have not obtained labor dispatch permits in accordance with law, and arrears of wages to migrant workers, the employing unit shall pay them off and may recover them in accordance with law.

Article 19: Where an employer contracts work tasks to an individual or a unit that does not have lawful business qualifications, resulting in arrears in the wages of the migrant workers it recruits, it shall be enforced in accordance with the relevant laws and regulations.

Where an employer allows an individual, a unit that does not have legal business qualifications or has not obtained the corresponding qualifications, to operate in the name of the employer, resulting in arrears in the wages of the migrant workers recruited, the employer shall pay it off and may recover compensation in accordance with law.

Article 20 Where a partnership enterprise, sole proprietorship enterprise, individual economic organization, or other employer owes wages to migrant workers, it shall pay it off in accordance with law;

Article 21 When an employer merges or divides, it shall, before the implementation of the merger or division, pay off the arrears of wages owed to the migrant workers in accordance with law;

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

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

Chapter IV Special Provisions in the Field of Engineering Construction

Article 23 The construction unit shall have financial arrangements to meet the needs of the construction. If there is no financial arrangement to meet the needs of construction, the construction project shall not start construction; if it is necessary to apply for a construction permit in accordance with the law, the competent department of engineering construction of 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 the project money.

The construction unit and the general construction contractor shall enter into a written project construction contract in accordance with the law, and shall agree on the measurement cycle of the project payment, the method for the 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 for ensuring that the wages of migrant workers are paid on time and in full. The period of payment of labor expenses 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 enter into a written subcontract in accordance with the law, and shall stipulate 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 exclusively for the payment of the wages of migrant workers in the construction project.

The relevant materials for the opening and use of special accounts for migrant workers' wages 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 the project is completed and the wages of migrant workers are not in arrears, the general construction contractor may apply for cancellation of the special account for migrant workers' wages after 30 days of publicity, and the balance in the account shall belong to the general construction contractor.

Article 28: The general construction contractor or subcontractor shall enter into labor contracts with the migrant workers it recruits in accordance with law and carry out real-name registration of employment, and industries that meet the conditions shall carry out real-name registration and management of 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 shall not enter the project site for construction.

The general construction contractor shall appoint a labor manager in the project department to supervise and manage the labor and employment of the subcontractor, grasp the employment, attendance, wage payment and other conditions of the construction site, and review the wage payment table for migrant workers prepared by the subcontractor, and the subcontractor shall cooperate.

The general contractor and subcontractor shall establish an employment 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, in accordance with the contract, promptly allocate the project funds, and timely and fully allocate the labor costs to the special account for the wages of migrant workers, and strengthen the supervision of the general construction contractor to pay the wages of migrant workers on time and in full.

If the wages of migrant workers are in arrears due to the failure of the construction unit to timely allocate the project funds in accordance with the contract, the construction unit shall advance the arrears of migrant workers' wages to the extent of the unsettled project funds.

The construction unit shall, on a project-by-project basis, establish a coordination mechanism for ensuring the payment of migrant workers' wages and a mechanism for preventing wage arrears, urge the general construction contractor to strengthen labor and employment management, and properly handle conflicts and disputes related to the payment of migrant workers' wages. In the event of a collective wage bargaining incident of migrant workers, the construction unit shall, in conjunction with the general contractor of the construction, deal with it in a timely manner, and report the relevant situation to the administrative department of human resources and social security where the project is located and the competent department of engineering construction of the relevant industry.

Article 30: Subcontractors are directly responsible for the management of the real-name system and the payment of wages to the migrant workers they recruit.

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 construction contractor shall first pay off the wages 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 first pay off the debt, and then recover the compensation in accordance with the law.

Article 31 In the field of engineering construction, a system of entrusting the general contractor of the construction unit with the wages of migrant workers of the subcontractor shall be implemented.

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 construction contractor together with the progress of the project in the current month after being signed and confirmed by the migrant workers themselves.

According to the wage payment table prepared by the subcontractor, the general contractor shall directly pay the wages to the bank account of the migrant workers themselves through the special account for the wages of migrant workers, and provide the subcontractor with the voucher for the payment of wages on behalf of the subcontractor.

The social security card or bank card of the migrant worker himself bound to the bank account used to pay the migrant worker's wages shall not be seized or indirectly seized 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 exclusively for the payment of the arrears of wages of the migrant workers who provide labor for the contracted project.

Wage deposits are subject to differentiated storage methods, and units that have not been in arrears of wages within a certain period of time are subject to reduction and exemption measures, and units that have been in arrears of wages are appropriately increased in terms of storage ratio. The salary deposit can be replaced by a letter of guarantee from a financial institution.

Specific measures such as the storage ratio, storage form, and reduction and exemption measures of wage deposits shall be formulated by the administrative department of human resources and social security under the State Council in conjunction with relevant departments.

Article 33: Except as otherwise provided by law, the funds and wage deposits in the special account for migrant workers' wages shall not be sealed, frozen, or transferred 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 rights protection information in a conspicuous position on the construction site, clearly indicating the following matters:

(1) Basic information such as the construction unit, the general construction contractor and the project department, the subcontractor, the competent department of engineering construction in the relevant industry, and the labor manager;

(2) Basic information such as local minimum wage standards and wage payment dates;

(3) Information such as the competent departments for engineering construction in relevant industries and labor and social security supervision and complaint reporting telephones, labor dispute mediation and arbitration application channels, legal aid application channels, and public legal service hotlines.

Article 35 Where a dispute arises between the construction unit and the general construction contractor or between the contractor and the subcontractor due to the quantity, quality, cost, etc., the construction unit shall not pay the labor costs in the project fund in accordance with the provisions of Article 24 of these Regulations due to the dispute, and the general construction contractor shall not pay wages in accordance with the provisions due to the dispute.

Article 36 Where 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 in the wages of migrant workers, the construction unit or the general construction contractor shall pay it off.

Where 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 it off.

Article 37: Where an engineering construction project violates laws and regulations such as land and spatial planning and engineering construction, resulting in arrears in the wages of migrant workers, the construction unit shall pay it off.

Chapter V: Supervision and Inspection

Article 38: Local people's governments at the county level or above shall establish platforms for monitoring and early warning of migrant workers' wage payments, bringing about the timely sharing of information such as on project approvals, fund implementation, construction permits, labor employment, and wage payments in departments such as for human resources and social security, development and reform, judicial administration, finance, housing and urban-rural construction, transportation, and water conservancy.

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

Article 39: The administrative departments for human resources and social security, the departments in charge of engineering construction in relevant industries, and other relevant departments shall, in accordance with their duties, strengthen oversight and inspections of situations such as the signing of labor contracts between employers and migrant workers, the payment of wages, the implementation of the real-name system for migrant workers, the management of special accounts for migrant workers' wages, the payment of wages by general construction contractors, the storage of wage deposits, and the disclosure of information on rights protection, so as to prevent and reduce the occurrence of wage arrears for migrant workers.

Article 40: Where the administrative departments for human resources and social security need to make inquiries into the financial accounts of relevant units and the real estate or vehicles owned by relevant parties in accordance with law when investigating and handling cases of arrears of wages for migrant workers, they shall obtain the approval of the responsible person for the administrative department for human resources and social security of the local people's government at or above the districted city level, and the relevant financial institutions and registration departments shall cooperate.

Article 41: When the administrative departments for human resources and social security investigate and handle cases of arrears of wages for migrant workers, where the employer refuses to cooperate with the investigation, or the entity responsible for the repayment and the relevant parties cannot be contacted, they may request the public security organs and other relevant departments to assist in handling the case.

Where the administrative departments for human resources and social security discover that the illegal conduct of arrears of wages to migrant workers is suspected of constituting the crime of refusing to pay labor remuneration, it shall promptly transfer it to the public security organs for review and make a decision in accordance with relevant provisions.

Article 42: Where the administrative departments for human resources and social security make a decision to order the payment of migrant workers' wages in arrears, and the relevant units do not do so, they may apply to the people's courts for compulsory enforcement in accordance with law.

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

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

Article 45: Judicial administrative departments and legal aid institutions shall list migrant workers as key targets of legal aid, and provide convenient legal aid to migrant workers requesting payment of wages in accordance with law.

Institutions related to public legal services shall actively participate in relevant litigation, consultation, mediation, and other activities to help resolve the issue of unpaid wages for migrant workers.

Article 46: The administrative departments for human resources and social security, the departments in charge of engineering construction in relevant industries, and other relevant departments shall, in accordance with the requirements of the responsibility system for popularizing the law by "those who enforce the law shall popularize the law", through various methods such as using cases to explain the law, to increase the popularization and publicity of laws and regulations related to ensuring the payment of migrant workers' wages.

Article 47: The administrative departments for human resources and social security shall establish archives on the creditworthiness of employers' compliance with the law in labor safeguards for employers and relevant responsible persons, and carry out assessments of the level of creditworthiness of employers' compliance with the law.

Where an employer has serious violations of the law in arrears of wages for migrant workers, the administrative department for human resources and social security shall announce it to the public, and when necessary, may publicly expose it to the media through means such as holding a press conference.

Article 48: Where employers are in arrears on migrant workers' wages, and the circumstances are serious or cause a serious negative social impact, the relevant departments shall include the employing unit, its legally-designated representative or principle responsible person, directly responsible managers, and other directly responsible personnel in the list of targets for joint disciplinary action against untrustworthy migrant workers in arrears of wages, and restrict them in areas such as government financial support, government procurement, bidding and bidding, financing and loans, market access, tax incentives, awards, and transportation.

The specific circumstances in which migrant workers in arrears of wages need to be included in the list of joint disciplinary action for untrustworthiness are to be provided for by the State Council's administrative departments for human resources and social security.

Article 49: Where construction units fail to provide guarantees for the payment of project funds in accordance with law, or where government investment projects are in arrears on project funds, resulting in arrears of wages for migrant workers, local people's governments at the county level or above shall restrict them from building new projects, record them in their credit records, and include them in the national credit information system for publicity.

Article 50 Where there is a dispute between a migrant worker and an employer over wage arrears, the employer shall provide materials such as labor contracts, employee rosters, wage payment ledgers and lists kept by the migrant worker in accordance with law;

Article 51: Trade unions shall safeguard the rights and interests of migrant workers in wages in accordance with law, and shall supervise the payment of wages by employers;

Article 52 Where a unit or individual fabricates false facts or employs illegal means to demand the wages of migrant workers, or demands payment for a project in the name of arrears of wages for migrant workers, it shall be dealt with in accordance with law.

Chapter VI: Legal Responsibility

Article 53: Where the provisions of these Regulations are violated in arrears of wages for migrant workers, it is to be enforced in accordance with the relevant legal provisions.

Article 54: In any of the following circumstances, the administrative department for human resources and social security shall order corrections to be made within a set period of time; if corrections are not made within the time limit, a fine of between 20,000 and 50,000 RMB shall be imposed on the unit, and a fine of between 10,000 and 30,000 RMB shall be imposed on the legal representative or principal responsible person, the directly responsible managers and other directly responsible personnel:

(1) Paying migrant workers' wages in kind, negotiable securities, or other forms instead of currency;

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

(3) Seizing or covertly seizing the social security card or bank card of the migrant worker himself bound to the bank account used to pay the migrant worker's wages.

Article 55 In any of the following circumstances, the administrative department of human resources and social security and the competent department of engineering construction of the relevant industry shall order correction within a time limit in accordance with their duties; if the correction is not made within the time limit, the project shall be ordered to stop work and a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed; 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:

(1) The general construction contractor fails to open or use a special account for migrant workers' wages in accordance with regulations;

(2) The general contractor fails to deposit the wage deposit or fails to provide a letter of guarantee from a financial institution in accordance with the regulations;

(3) The general contractor and subcontractor of the construction have not implemented the real-name management of labor and employment.

Article 56 In any of the following circumstances, the administrative department for human resources and social security and the competent department for engineering construction of the relevant industry shall order corrections to be made within a specified period of time in accordance with their duties;

(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 workers themselves;

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

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

(4) The general contractor of the construction has not implemented the information publicity system for rights protection on the construction site.

Article 57 In any of the following circumstances, the administrative department of human resources and social security and the competent department of engineering construction of the relevant industry shall order correction within a specified period of time in accordance with their duties;

(A) the construction unit does not provide a guarantee for the payment of the project in accordance with the law;

(2) The construction unit fails to pay the labor costs in the project funds in a timely and full amount to the special account for migrant workers' wages as agreed;

(3) The construction unit or the general construction contractor refuses to provide or is unable to provide relevant materials on the project construction contract and the special account for migrant workers' wages.

Article 58 Anyone who fails to cooperate with the administrative department of human resources and social security in inquiring into the financial accounts of the relevant units in accordance with the law shall be ordered by the financial regulatory department to make corrections, and those who refuse to make corrections shall be fined not less than 20,000 yuan but not more than 50,000 yuan.

Article 59: Where the government investment funds for a government investment project are not in place and the wages of migrant workers are in arrears, the administrative department for human resources and social security shall report to the people's government at the corresponding level for approval and order the arrears to be disbursed in full within a time limit; where the circumstances are serious, the responsible persons of the local people's governments and their relevant departments, directly responsible managers, and other directly responsible personnel are to be given sanctions in accordance with laws and regulations.

Article 60 Where a construction unit of a government-invested project initiates a project without approval, expands the scale of construction without authorization, increases investment estimates without authorization, fails to timely allocate project funds, etc., resulting in arrears of wages for migrant workers, in addition to assuming responsibility in accordance with 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 duties, and use it as an important basis for their performance evaluation, salary distribution, evaluation of excellence, promotion, etc.

Article 61: Where the construction funds are not in place or the construction of a social investment project is started in violation of laws and regulations, the administrative department for human resources and social security and other relevant departments shall punish the construction unit in accordance with their duties and law, and the person in charge of the construction unit shall be punished in accordance with laws and regulations. Where the staff of relevant departments fail to perform their duties in accordance with law, the relevant organs are to give sanctions in accordance with laws and regulations.

Article 62 Where the staff of the departments in charge of human resources and social security, development and reform, finance, public security, and engineering construction of relevant industries of local people's governments at or above the county level abuse their powers, derelict their duties, or twist the law for personal gain in the course of performing their duties of supervision and management of the payment of wages to migrant workers, they shall be punished in accordance with laws and regulations;

Chapter VII Supplementary Provisions

Article 63: Where an employer has temporary difficulty in paying the wages of migrant workers in arrears, or where the arrears of wages of migrant workers have escaped, 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 the migrant workers in arrears from the employer. The emergency revolving fund that has already been paid in advance shall be recovered from the employer that owes the wages of migrant workers in accordance with law.

Article 64: These Regulations take effect on May 1, 2020.

Source: The Central People's Government of the People's Republic of China