Construction In Handan City Farmer Workers ' Wage Protection Approaches In The Field

Original Language Title: 邯郸市建设领域农民工工资保障办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399372.shtml

Construction in Handan City Farmer workers ' wage protection approaches in the field (October 8, 2013, Handan people's Government of the 11th General Meeting March 1, 2014, 188th in Shijiazhuang city people's Government promulgated as of November 15, 2013) first in order to guarantee construction wages for rural migrant workers, regulating various kinds of construction, construction employment, and wage payments, according to the People's Republic of China Labour Code, the People's Republic of China Law on labor contracts, the People's Republic of China Law on construction, the

    Housing and municipal infrastructure construction subcontracting management measures (construction (2003), 124th) and other relevant provisions, based on actual city, these measures are formulated.

Second approach applies within the administrative area of the city buildings and municipal infrastructure engineering Middle peasant migrant workers ' protection. Centers within the city limits (congtaiqu, Hanshan district, Fuxing district, Handan County, Handan economic development zone), housing construction and urban infrastructure project Middle peasant workers ' wages, these measures are directly applicable.

    Outside the downtown area housing construction and urban infrastructure project Middle peasant workers ' wages, by local counties (cities and districts) in accordance with the measures of the Government, formulate specific implementing measures. Article cities and counties (cities, districts), JI-Nan-Tech Zone Management Committee is responsible for the administration of the Government in arrears and wage arrears for migrant work.

City counties (cities, districts) the Government, the southern Hebei zone administrative implementation of farmer workers ' wage payment supervision responsibility system of objective assessment.

    Municipalities and counties (cities, districts), southern Hebei zone administrative clean up default on construction project wages for rural migrant workers and the leadership team responsible for the restructuring of organizational leadership, his Office (hereinafter referred to as settlement Office) is responsible for the day-to-day coordination of organization and supervision, Member unit of lead in establishing joint conference system, study and solve problems on a regular basis.

Article fourth construction administrative departments in charge of construction of the subcontract works supervision and control, caused by arrears owed to farmers work on salary.

City construction administrative competent sector delegate city construction management office, established specifically management service institutions (following referred to management service institutions), specific is responsible for Center City within building professional contracting and labor points package engineering of contract record and regulatory, specification various building construction enterprise of contract performance and points package behavior, established agricultural migrant workers wage paid regulatory system, curb illegal labor and engineering illegal points package behavior; urged building construction enterprise implementation farmers workers real name management and agricultural migrant workers wage paid months knot months clear system.

Human resources and Social Security Department are responsible for the problem of wage arrears for migrant rural organization and coordination, shall conduct supervision and inspection on the payment of wages for rural migrant workers; coordinates handling labor disputes and labor arbitration.

Public Security Department is responsible for handling human resources and Social Security Department suspect refuses to pay remuneration for the transfer of cases to law review in a timely manner to decide whether filing investigation; responsible for the tampering, falsification of payment vouchers, arrears of wages by reason, malicious, malicious acts such as unpaid in respect of arrears of the Office investigated and dealt with according to law; assist related departments to handle arrears of wages caused by mass events. Development and reform, the Finance Department is responsible for the Government investment project approval, construction financing funds, review to ensure funding. Transportation, water conservancy, education, health, justice, industry and information technology departments are responsible for the industry, such as restructuring and supervision of investment projects by the Government.

    State-owned assets management Department is responsible for business debts. Article fifth owner, general contractor or professional contract enterprises in accordance with signed with qualified engineering company engineering sub-contract, the use of standard contract forms.

Engineering sub-contracts by the Contracting Parties in entering 7th construction management services for the record, without a record of the subcontracting team not allowed to enter construction.

    Wage payment, payment amount and payment should be separately presented in the contract. Article sixth construction team leader credit files and personal information management. Establish the city's construction team leader list and credit file, through the network of construction in Handan to the public.

Professional contracting, labor service company directories other than not employed as construction team leader. Construction team leader must be employed by a professional contractor or subcontractor companies, commissioned by the legal representative to complete job tasks, not individual contract projects.

A construction officer can only be employed in a business. Professional contracting, labor service company should be the captain of the enterprise register of personal information, in subcontracts for the record when I submitted for the record to the management service.

    Construction team leader record information including: domicile, place of residence, ID card copy, a photo of subcontracting, contract operations, Enterprise appointment certificate and contacts etc. Article seventh for all types of building construction enterprise must reward real-name registration system.

Employer must each migrant worker to enter the construction site to register, for the "Hebei construction and smart card". The employer before the 7th of each month will be real-name registration of migrant workers and for the "one card" submission to regulatory services online.

The administrator shall be equipped with migrant workers in construction enterprises specializing in the work.

    Construction, contractors are not allowed to use are not registered with the labor service enterprises scattered migrant workers. Article eighth of building an enterprise shall, in designated banks to set up special accounts for wages for rural migrant workers, managed services organizations.

Employer account monthly payment of wages to migrant workers, and direct payment to the farmers the cost of people "Hebei construction and smart card".

    By progress payment of project engineering, construction units and various types of construction enterprises in engineering priority payment of wages; General Contracting enterprise of construction dianzi construction projects must be expressed in the terms of the contract, Fund schedule of wages for rural migrant workers in construction general contractor to the employer of the monthly payment.

Nineth accepting units shall do migrant workers ' attendance, monthly pay table, submission management services before the 10th day of each month, after registration at the construction site of publicity. Employer of migrant workers should be attendance and payroll table data saved for more than 2 years away for future reference.

    When there is a problem of wage arrears for migrant and employer refuses to provide overdue or not accompanied by the relevant information, human resources and Social Security Department, building departments evidence available on migrant workers shall be identified, made a decision. Tenth established complaints reporting system.

Construction general contractor in construction projects construction site according to standard production, setting pay public bar. Human resources and social security, and began the construction departments at all levels as well as construction (development), construction contractor should be disclosed in the public bar to report complaints. Construction site supervision agencies in day-to-day supervision, should receive labour complaints, wage arrears and timely feedback to management services or human resources and Social Security Department.

Complaints shall be processed within 20 business days, special circumstances agreed by the unit leader can be extended by 10 working days. Project accounting, quality disputes cause of farmer workers ' wage, led by the Department of human resources and social security, construction Administrative Department and Industry Department under the responsibility for ascertaining the facts, dispute resolution, processed in a timely manner.

    Through project cost if necessary, auditing, arbitration, and other channels. 11th found migrant workers are owed wages, can contribute to the local settlement, human resources and social security, the construction sector complaints, prohibits the containment of State organs, blocking traffic and other excesses.

Found tampering falsification of payment vouchers, escape, malice in respect of arrears of wages in arrears and other acts should be promptly reported the case to police.

    Complaints should be the real-name system, selected representatives must not exceed 3. Article 12th on a monthly employer in full payment of wages to migrant workers, and payment of wages for rural migrant workers project, standards, time of payment, payroll deductions and other matters shall inform the parties by law. Due to the contract, project valuation and other reasons not in full monthly payment shall be agreed by the parties under, according to the local standards on minimum wages to migrant workers ' monthly living expenses, and pay within an agreed period.

The employer all wages must be cleared prior to the end of December of that year.

    Before the termination of labor relations, labor companies must settle their full wages. 13th the establishment of early warning system for contract compliance. Owner or general contractor enterprises are unable to pay the contract price exceeds 1 month, professional contractors and labor service company should be shut down and escalation management services management services after verification found, report it began using pay security deposit advance payment for migrant workers ' wages.

If fails to shutdown, employer bear the payment responsibility.

    Owner or general contractor enterprises are unable to pay for more than 6 months of the contract price, management services organizations began to verify and make recommendations, began leading group agreed, to take measures such as asset liquidations to solve engineering and agricultural workers ' wages. 14th construction quality, safety regulators responsible for engineering subcontracting performance and salary payments of daily supervision and inspection, and inspection management services to institutions.

Check the following:

(A) the engineering sub-contract registration and performance;

(B) the site content and sub-contract compliance;

(C) the publication wage issue in line with the facts;

(D) the implementation of real-name registration and site operations personnel for the "Hebei construction and smart cards", construction team leader for the record and scattered labor conditions;

    (E) other matters assigned by the management services. 15th strictly enforced wage deposit system for rural migrant workers. Construction and General Contracting enterprise of construction began should be done according to the contract price of the deposit paid in wages for rural migrant workers 2%. Construction general contractor for three consecutive years are not migrant workers to pay petition the executive authorities above the county level, fourth year according to 1% payment of the contract price. Professional contracting and labor service company subject to a fixed margin of 300,000 yuan.

Transport, water conservancy project charge pursuant to this provision and to manage migrant wages deposit. Unpaid wages for migrant margin allowed illegal construction projects, problem of wage arrears for migrant, by administrative authorities shall order the suspension of construction, to investigate and punish who refuses to shut down and corrected, the construction administrative departments notify water supply, construction of the power supply unit to stop providing water and electricity.
Water and power supply units should meet the illegal construction of construction Administrative Department to stop water supply and electricity.

Start building project, no construction permit shall be effective 30th of this approach to pay wages for rural migrant workers in margin and go through the relevant procedures, fails to pay, by construction Administrative Department to investigate and punish. 16th paid wages for rural migrant workers in different projects at the margin, the farmer workers ' wage margin payments shall be signed undertaking.

Security deposit collected regularly the following information to human resources and Social Security Department:

(A) basic information, including company name, domicile, legal representative of such person;

(B) construction contracts, construction subcontracts or subcontractor a copy of the contract;

    (C) migrant wages deposit payment proof. Article 17th before project completion, publicity without defaulting on the construction site by the management services notice publication date shall not be less than the 15th.

Ascertained that has a problem of wage arrears for migrant rural projects, not acceptance.

    Publication expires, management service provider is required to be public, to human resource and Social Security Department and request for comments.

    18th human resources and Social Security Department upon receipt of the views of the management services agency should receive and be reviewed in a timely manner, focusing on reviewing the project for farmer workers ' wages, and the existence of occupational wages and treatment projects in such disputes, management services within the 10 working days written review. 19th unit has one of the following circumstances, approved by the competent construction Department, human resources and Social Security Department confirmed, to order the employer to pay within.

Fails to pay the overdue, according to the salary margin payment undertaking, to migrant wages for debts issued by the Office of the construction bonds paid submissions, by arrears paid wages for rural migrant workers from the enterprise bonds in payment of wages to migrant workers:

(A) the employer fails to pay wages for rural migrant workers in full and on time, caused by the reported complaints of migrant workers or of collective petitions or unexpected events;

(B) the construction or illegal subcontracting, subcontracting construction work of construction enterprises, resulting in employment does not have a legal personality or building, arrears of wages;

(C) the legal representative of a construction or building construction enterprise or project leader hiding, running away, or death, caused agricultural workers ' wages;

(D) illegal wage or payment in construction enterprises to the construction team leader, resulting in arrears;

    (E) other circumstances causing wage arrears. Article 20th establishing perfect system of emergency fund to pay wages for rural migrant workers.

City, County (city, district) Governments should set up working capital finance accounts, City Emergency Fund of not less than 20 million Yuan, counties (cities, districts) of not less than 5 million Yuan. Labor enterprises for funds shortage unable to paid or responsibility people wages escape, the enterprise agricultural migrant workers wage margin insufficient to paid agricultural migrant workers wage, has may raised mass group please paid burst event of, by project location of human resources and social security sector, and construction administrative competent sector, and project competent sector with financial sector finds, reported city or County (city, and district) Government approved Hou, can started emergency advance mechanism, from emergency working capital account in the first advance part wage,

Or giving unpaid wages of migrant workers the necessary living assistance.

    City wages emergency advance mechanism is started, by the urban construction management office, apply to the Court, in accordance with the unit's assets in respect of arrears of property preservation measures; housing and property management units in respect of arrears of property should be suspending property registration or change of the public security organ shall promptly escapes responsibility for investigating suspected criminal who, to ensure that funds paid timely.

21st in violation of these regulations the following behaviors, city and county levels, human resources and social security, construction and public security departments should perform their respective duties, coordinated, be investigated and prosecuted according to law. (A) various units, and construction construction Enterprise violation national about began policy and this approach caused arrears engineering paragraph and agricultural migrant workers wage of, by human resources and social security sector and construction administrative competent sector law ordered settlement, raised had group petition please paid event of, by construction administrative competent sector ordered building construction Enterprise shutdown rectification, on responsibility units and enterprise law take limit enrollment bid, and canceled offers policy, and double charged agricultural migrant workers wage margin, and clear out Handan building market, and

Measures such as the reduction or revocation of qualification, credit system and credit construction industry for public exposure. (Ii) professional points package enterprise, and labor points package Enterprise violation about provides, deduction workers wage, and paid workers wage below local minimum wage standard of, will its bad behavior remember into construction industry credit system, by human resources and social security sector ordered deadline paid workers deserve wage paid and equivalent to meet wage paid 25% of economic compensation, and can ordered paid meet amount 50% above 100% following of compensation gold.

Refused to pay the overdue, Hebei province, in accordance with the provisions of the regulations on labor and social security supervision, each involving more than one person, a fine of 200 Yuan fines less than 500 Yuan.

(C) illegal migrant workers Captain contract projects, included in the "black list", clean up the construction industry. (Iv) construction and building construction enterprise in violation of these regulations, the use of migrant workers outside the construction team leader list "contractors", from construction site supervision organization rectification; fails to make corrections, shall be ordered to withdraw from the construction site, completed in the physical construction of comprehensive quality inspection according to law. Untested or not qualified, shall organize quality acceptance and in accordance with the provisions of the construction engineering quality management regulation, construction administrative departments according to law shall be ordered to correct unit fined fined 500,000 yuan and 1 million Yuan, construction Enterprise Engineering contract 0.

5% up to 1% the fine, serious revoked its certificate.

(E) the record of subcontracting in accordance with this approach, by construction Administrative Department to suspend construction, rectify; late refused to correct, according to law shall be ordered to withdraw, and recorded in the credit information system in construction industry.

(Vi) construction contracting enterprises scattered real names not implemented personnel record employment of migrant workers, by the construction Administrative Department to its standard fine of 500 yuan per person, if the circumstances are serious, limiting their taking on new projects, and recorded in the credit information system in construction industry.

(Seven) building construction Enterprise hide facts truth, issued false wage report, hidden, and destruction wage paid records, refused to provides related information, and other serious interference, and block, and resist law enforcement check of, by human resources and social security sector according to labor guarantees monitored Ordinance of provides, sentenced 2000 Yuan above 20000 Yuan following of fine; constitute crime of, law held its criminal, and reported to the reduced its qualification grade.

(H) the method of transfer of assets, seek to evade the payment of workers ' wages, if the circumstances are serious, cancel its qualifications in accordance with law constitutes a crime, criminal liability shall be investigated for their.

    (I) incite or organize migrant workers excesses or containment of party and Government organs, such as malicious unpaid, an enterprise involved in Handan construction market, drew attention to the revocation of qualification and related professional qualification constitutes a crime, criminal liability shall be investigated for their.

    22nd administrative organs and their staff shall not implement State policies, negligence, fails to perform the statutory duties or unlawful exercise of authority by the supervisory agencies shall be given administrative sanctions; damages are caused to migrant workers, legally undertake the compensation responsibility.

23rd of municipal construction administrative departments, human resources and social security departments in accordance with these measures, formulate specific implementing rules.

    Transportation, construction of water conservancy sector as employer to participate in the project, in accordance with the measures implemented. 24th article this way come into force November 15, 2013.