Advanced Search

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Employer wage security in urban construction

(Adopted at the 11th ordinary meeting of the Turkmen Government on 8 October 2013, No. 188 of the Order of the People's Cities of 1 March 2013, published from 15 November 2013)

Article 1, in order to guarantee the wage treatment of farmers in the area of construction, regulates all types of construction units, construction works and pay payments, and develops this approach in the light of the provisions of the Labour Code of the People's Republic of China, the Labour Contracts Act of the People's Republic of China, the construction of houses and the construction of municipal infrastructure works (Department of Construction [Act No. 2003] 124).

Article II applies to the wage security of farmers in housing buildings and municipal infrastructure works within the city's administration.

Farmers' wage security in housing buildings and municipal infrastructure works within the area of the Centre's town (junctions, mountainous areas, rehabilitation zones, recuperals, recuperation zones) are directly applicable. Farmers' wages in housing buildings and municipal infrastructure works outside the urban area are guaranteed by the Government of the project location (communes, districts) to develop specific means of implementation in accordance with this approach.

Article III, the municipalities, the municipalities (markets, districts) and the Southern District Council is responsible for the arrears of works in this administrative area and for the unpaid work of farmers. The municipal government has a regulatory objective for the payment of farmer wages to the municipalities (markets, districts) governments, and the Southern District Council is expected to apply.

The municipalities, districts (markets, zones), the heads of organizations wishing the Southern New District Commission to clean up arrears in the construction area and the leadership of the farmers' workers' wages are responsible for the identification of unpaid work, and their offices (hereinafter referred to as unpaid) are responsible for day-to-day organizational and supervisory coordination and lead in the establishment of a joint member unit system for regular research and resolution.

Article IV builds the administrative authority responsible for the management of construction subcontracting works and is being cleared for the unpaid work of farmers.

The municipal construction administrative authorities entrust the Urban Construction Administration Office with the establishment of specialized management services (hereinafter referred to as the management service agency), specificly responsible for contract preparation and regulation for construction of professional contractors and labour subcontracting works in the Centre's urban area, regulating contract performance and subcontracting of construction enterprises, establishing a regulatory system for the payment of wages for farmers, curbing violations of labour and engineering subcontracting practices, and supervising construction enterprises in the implementation of the monthly system for the self-employed management and the payment of wages for farmers.

The human resources and social security sector is responsible for monitoring the payment of wages for farmers in accordance with the law and coordinating labour-related disputes and labour arbitration.

The public security sector is responsible for receiving cases of denial of labour compensation transferred by the human resources and the social security sector, which are reviewed in a timely manner by law and decide whether to determine the voucher; responsible for the collection, falsification of payment vouchers, failure to pay anonymous, malicious pay, etc.; and is responsible for assisting the relevant sectors in dealing with group-related events that are in arrears in the wages of farmers.

The development reform, the financial sector is responsible for government investment project approval, financing and fund-raising reviews to ensure financial implementation. Departments such as transport, water, education, health, justice, industry and informationization are responsible for the inadequacy and supervision of investment projects in the industry. State-owned asset management is responsible for the performance of business.

Article 5 Construction units, construction of a total contractor or a professional contractor must enter into a contract of subcontracting with a correspondingly qualified engineering subcontractor using a harmonized contract text. The contract for subcontracting works by the lender to the start-up area by 7 years to the management service provider's back-up case, and the non-renewable subcontractor shall not take place.

The principals, the number of payments and the manner in which payments are paid shall be included in the contract.

Article 6. The establishment of a full-scale construction team leader using a directory and a credit file was made available to society through the network of construction. Professional contractings, labour subcontractors may not be employed as construction teams.

The head of the construction team must be employed by a professional contractor or a labour subcontractor, which is entrusted by the statutory representative to perform the operational tasks and cannot be carried out separately. A construction team leader can only be employed in a business.

The professional contracting, labour subcontractor shall register the personal information of the head of the enterprise and report back to the management service institution at the time of the subcontract submission. The long-term information on the construction team included the location of the household, the place of residence, the copy of the identification card, photographs of the owner, the scope of the subcontracting operation, the copy of the enterprise's appointment certificate and the means of communication.

Article 7. Construction enterprises of various types of construction enterprises must implement a labour-intensive registration system. Worker enterprises must register each farmer who enters the construction site, and handle the “Leal construction Operational Clinic”.

Employers were sent online to the management service agencies by 7 per month to register farmers' real names and to handle “onekato”. Construction enterprises should be equipped with farmers' workers and be responsible for the work.

Construction, construction units may not be used to disperse farmers who are not registered in the labour subcontractor.

Article 8. Various types of construction enterprises should establish a dedicated account for the wages of farmers and be regulated by the management services. Employers should pay their wages to their farmers by month, paying directly to farmers' workers themselves “Under-Based Inventories”.

The construction units and various construction enterprises shall pay the wages as a matter of priority in the construction section; the construction of the total contractor's mattress works must be express in the terms of the contract, and the wages of the farmers in the context of the advances are paid by the construction of the total contractor to the work-owned enterprises for the month.

Article 9. The work unit shall be able to perform the work of the farmers, if the salary payment schedules are produced on a monthly basis, to be sent to the management service agency by 10 months of the date of registration, which is shown on the construction site.

Industrial enterprises should maintain information such as the farmer's engineering and salary scales for more than two years. In the event of default on the wages of peasants, the business industry refuses to provide or delay information that cannot be provided, and the human resources and social security sector, the construction sector may decide on the basis of the evidence provided by farmers' workers.

Article 10 establishes a complaints reporting system. The construction company is responsible for the production, imposition of a blossary for the construction of the project on a standard basis.

All levels of human resources and social security, construction and default sectors, and construction (development) units, construction contractors should publish complaints calls in a public column. In the day-to-day regulation of construction engineering field regulators, labour fees, salary arrears should be accepted and the related situation will be promptly feedback to the management services or human resources and the social security sector. Complaints should be processed within 20 working days, with exceptional circumstances, and with the primary leadership of the unit, 10 working days could be extended.

For reasons such as engineering accounting, quality disputes, the arrears in the wages of farmers were led by the human resources and social security sector, the construction of administrative authorities and industry authorities to resolve disputes and address them in a timely manner, in accordance with their responsibilities. Where necessary, the channels of construction, audit, arbitration and litigation are addressed.

Article 11. Farmers have found that they are in arrears of wages and can report complaints to local sub-offices, human resources and social security, construction, etc., prohibiting the use of spoilers such as perimetering State organs, blocking the traffic. It was found that the actions such as the falsification of payment vouchers, the inexcency of pay and malicious pay should be reported promptly to the public security sector.

The complaint reports should be carried out with no more than three candidates.

Article 12. Employers shall pay wages to their farmers in full monthly and shall notify the parties in accordance with the law of the items, standards, time payments, wages deductions paid. It is true that, for example, contractual agreements, engineering prices cannot be paid in full on a monthly basis, subject to agreement with the parties, the cost of living is paid to farmers in accordance with the local minimum wage standards and paid in full within the agreed time frame. All working enterprises must close all wages by the end of December.

Prior to the removal of labour relations, the industrial enterprises must close all wages.

Article 13 establishes an early-warning system for contract performance. The construction unit or construction of a total contractor is unable to pay the contract price for more than one month, and the professional contractor and the labour subcontractor should be stopped and reported to the management service agency, and the management service agencies are advised to pay the civil wage by paying the farmer's work pay. If the work is to be done late, the employer assumes responsibility for paying.

The construction unit or the construction of a total contractor is unable to pay the contract price for more than six months, and the management services are presented to the lapses to verify and make recommendations to address the issue of engineering and farmer wages in accordance with the law, following the agreement of the less-led leadership.

Article XIV Quality of construction works, the Safety Onsite Regulatory Body is responsible for the daily supervision of the performance of the subcontract and payment of wages, and will inform the management services. The inspection is as follows:

(i) Work subcontracting and performance;

(ii) The compatibility of field operations with the subcontractor;

(iii) Whether the salary payments are in line with the facts;

(iv) On-site operators carry out the registration and processing of the “Leal North Construction Tourneka” case, the construction team chief and the spousal work;

(v) Other inspection matters to be carried out by management services.

Article 15. Strict enforcement of the scheme of wages for farmers. The construction unit and the construction of the total contractor should pay the subsistence allowance for the farmer's work by 2 per cent of the contract price. The construction of a total contractor does not have a farmer's work on pay for more than three years at the district level, and the fourth start may be the result of 1 per cent of the contract price. The award of $30,000 was paid by professional contractors and labour subcontractors. Projects such as transport, water and electricity are charged under this industry and are managed under the terms of the wages of farmers.

The unpaid work of the Farmers' Work Guarantee, which was carried out in violation of the law, resulted in the default on the wages of the farmers, which was ordered by the executive authorities to stop the work and be carried out under the law; the refusal to stop the work and rehabilitation process and the notification by the construction of administrative authorities of the water supply, the termination of the electricity unit's provision of water and electricity. Water supply, electricity units should be aligned with the construction of administrative authorities to stop water supply and electricity in conflict with the law.

Work on construction and construction without construction permits must be completed within 30 days of the entry into force of the scheme to supplement the payment of farmer wages and to fill the related procedures, which are overdue and are investigated by the construction of administrative authorities in accordance with the law.

Article 16 states that the various projects shall enter into commitments for payment of farmer wages in the event of the payment of the subsistence allowance for the farmer. The following information will be delivered on a regular basis to the human resources and social security sector:

(i) The basic conditions of the unit, including the name of the unit, residence and legal representative;

(ii) A copy of the construction contract, the contract for subcontracting or the contract for subcontracting of labour;

(iii) Farmers' wage payment certificates.

Prior to the completion of all types of projects, the management service agency had displayed no default announcements on the construction site, which was not less than 15 days. The project, which was determined to be in arrears in the wages of farmers, was not completed.

The management services are required to communicate and seek advice to the human resources and social security sectors after the end of the presentation.

When the human resources and social security sector received the views of the management service institutions, it should be promptly and reviewed, with a focus on the review of whether the project had any projects that had arrears in the payment of the wages of farmers, whether there were any arrears in the payment of work wages and medical treatment, and, within 10 working days, provided the management services with a written review.

Article 19 consists of one of the following cases, with the approval of the establishment of administrative authorities, and the recognition of the human resources and the social security sector, the time limit for the operation is charged. Unpaid, according to the payment of commitments under the payment of wages, the payment of contributions to the paid contribution of the Farmers in the area of construction is paid to the farmers' workers by paying their wages from the company's contribution to the payment of wages:

(i) Employers do not pay their labour wages in full and on time by law and are subject to complaints by farmers or collective visits or group emergencies;

(ii) The construction of units or construction enterprises to illegally reproduce and subcontract construction works, leading to the lack of legal personality or the qualifications of construction, and to the payment of wages to farmers;

(iii) The concealment, flight or death of the construction unit or the statutory representative of the construction enterprise, resulting in the arrears of the wages of the farmers;

(iv) The construction company's payment of wages or construction payments to the construction team chief in violation of the law;

(v) Other circumstances result in the payment of wages.

Article 20 establishes a system of working capitals to improve the wages of farmers. Governments of municipalities, districts (communes, districts) should establish emergency swing capital pools, which are less than $500,000 in urban emergencies and less than 5 million in counties (markets, areas).

For reasons of the shortage of funds and the inability to pay or pay for the responsibilities of the owner, the company's farmer wage guarantee is not sufficient to pay the wages of the farmer, which may trigger a large-scale group accident, with the human resources and social security sector at the project location, the construction of administrative authorities, the project authorities, and the financial sector, and the approval of the municipal or district (commune, district) government, may trigger an emergency payment mechanism, paying portions of the pay from the Emergency Relief Fund accounts or paying the necessary assistance to the farmers.

After the start of the municipal pay-for-payment mechanism, the Office of the Municipal Architects has requested the Court to take property conservation measures in accordance with the law for the assets of the paying unit; housing security and property management should suspend the processing of property registration or change procedures for the property of the unpaid units; and the public security authorities should conduct prompt detection of fugitives suspected of committing crimes in order to ensure the timely recovery of funds.

Article 21, in violation of this approach, provides for human resources and social security at the municipal, district levels, construction, public safety and security sectors to be functionally and coordinated by the law.

(i) Various construction units, construction enterprises, in violation of the State's policy on creditworthiness and the scheme, have resulted in the default of engineering payments and the wages of peasants, being liquidated by the human resources and social security sector and the construction of administrative authorities, triggered a group visit to pay, renovated by the construction of a construction enterprise in charge of construction by the administrative authorities, restricted tenders for the responsible units and enterprises, cancellation of preferential policies, double payment of farmer wages, repayments of capital markets, and public credit systems.

(ii) The professional subcontractor, the labour subcontractor, in violation of the relevant provisions, paying the worker's wages and paying the worker's wages below the local minimum wage standards, default on the construction of the industrial credit system, which is paid by the human resources and the social security sector to pay the workers at a time limit of 25 per cent of their wages and may be charged with paying up to 100 per cent of the amount. The late refusal to pay is subject to a fine of up to 200 million dollars per person under the terms of the Labour and Social Security Monitoring Regulations in Northern Province.

(iii) Farmers' team chiefs are illegally carrying out work and are included in the “black list” to clean up the construction industry.

(iv) Construction units and construction enterprises, in violation of this approach, use of the “bunkers” outside the director's director's director's director's directory of the farmer work fleet, are subject to the construction work-based regulatory body responsible for the change of the duration of the time period; The construction unit is fined by over half a million yen, and the construction of the construction enterprise unit pays less than 1 per cent of the contract price of the construction company, in accordance with the provisions of the Quality Management Regulations.

(v) Sub-contracts are not submitted in accordance with this approach and are suspended by the executive authority responsible for the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the industrial credit information system.

(vi) The construction of a master-based company that does not carry out the personal integrity of the workforce, which is fined by the construction of administrative authorities for its standard of 500 per person, in the case of serious circumstances, limiting its contribution to new works and being recorded in the construction of the industrial credit information system.

(vii) Construction enterprises conceal the truth, false wage statements, hidden, destroyed wage payment records, refused to provide information, and other serious interference, obstruction, rejection of law enforcement inspections, which are fined by the human resources and the social security sector, in accordance with the provisions of the Labour Security Monitoring Regulations, totalling more than 2000 yen; constitute crimes, hold criminal responsibility under the law, and report to reduce their qualifications.

(viii) To avoid payment of labour compensation for workers by means of transfer of assets, escape of anonymity, in the event of serious circumstances, to deflect their qualifications under the law; to constitute an offence and to hold their criminal responsibility in accordance with the law.

(ix) Disadvantages of malicious bargaining, including by granting or organizing farmers' workers, such as smugglers, will involve businesses in identifying the construction market, drawing on the qualifications of the enterprise and the associated responsibilities, and legal accountability.

Article 22, the executive branch and its staff do not seriously implement national policies, play negligence, do not perform statutory duties or perform their functions in violation of the law, are subject to administrative disposition by the inspectorate, which causes damage to the work of the farmers, and are legally liable.

Article 23 provides for the establishment of administrative authorities, human resources and the social security sector in the city to establish specific enforcement rules based on this approach.

The sectors such as transport, water and electricity are involved in construction as construction units and are implemented in the light of this approach.

Article 24