Cases drop but fight to get unpaid wages back continues

Prosecutors are handling fewer cases of companies refusing to pay wages, according to the Supreme People's Procuratorate, though challenges persist.

From January to November, prosecutors nationwide prosecuted 2,554 such cases involving 3,032 individuals, decreases of 22.3 percent and 18.1 percent respectively compared to the same period in 2019, according to the SPP.

On Dec 12, the Central Economic Work Conference in Beijing emphasized the need to ensure that migrant workers are paid on time and in full.

Miao Shengming, head of the SPP's first procuratorial office, stated that procuratorates at all levels are actively implementing the requirements from the Central Economic Work Conference, consistently increasing efforts in handling cases, punishing acts of malicious wage arrears, and ensuring that workers receive their full wages in a timely manner.

Miao noted that while the overall data indicates a positive development in combating malicious wage arrears, procuratorates have recognized challenges in the practical handling of such cases, including the limited sources for evidence and difficulties recovering unpaid wages.

In practice, most defendants intentionally withhold wages for over six months, he said.

In some cases, this can extend to several years, and the defendants often have subjective malice, yet the victims whose rights are compromised are often from vulnerable groups. Considering these characteristics, those with malicious intentions will be severely punished. From 2020 to November this year, about 5,400 individuals were given harsh punishment in cases of wage arrears.

Miao said that the most significant concern for migrant workers is whether they can recover their hard-earned wages. Therefore, prosecutors focus extensively on the recovery of unpaid wages and damages, apart from solely imposing punishment. They urged enterprises and individuals involved in wage arrears to raise funds from different channels.

During a national teleconference on Nov 30, the State Council pointed out that the period around the new year is a high-risk time for wage arrears, and required all relevant departments in various regions to investigate outstanding problems and hidden dangers, take targeted measures, and expedite the resolution of all confirmed cases of wage arrears involving migrant workers.

It also required taking strict measures against malicious wage arrears and other illegal activities, leveraging administrative and negotiation methods to enhance the effectiveness of addressing such issues. Meanwhile, assistance should be given to distressed migrant workers to help them overcome temporary living difficulties.

From January to November, procuratorates across the country helped migrant workers recover about 325 million yuan ($46.5 million) in unpaid wages via handling such cases.

This year, prosecutors also offered urgent assistance to 2,748 workers who met the criteria, with a total assistance of 8.4 million yuan.