Construction Workers ' Wages To Pay Benefits, Guizhou Province, Measures For The Implementation Of

Original Language Title: 贵州省建设工程务工人员工资支付保障金实施办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399299.shtml

Construction workers ' wages to pay benefits, Guizhou province, measures for the implementation of

    (19th of December 18, 2013, Guizhou Provincial Executive meeting January 7, 2014 151th promulgated by the people's Government of Guizhou province as of March 1, 2014) first to standardize construction project contractors to pay workers ' wages, protect the legitimate rights and interests of workers and maintaining social stability, in accordance with the provisions of the regulation on labor security supervision, Guizhou province, these measures are formulated.

    Article within the administrative area of the province building, transportation, water conservancy, electric power, telecommunications, municipal construction, mines and other construction projects (hereinafter referred to as contractor) workers ' wages to pay benefits (hereinafter referred to as the wage protection fund) the storage and management of the application of this approach.

    Third people's Governments above the county level shall strengthen leadership of the wage payment system-building, establishing joint conference system to address the wage protection fund on major issues in the work.

Fourth above the county level of human resources and social security departments specifically responsible for the wage guarantee the same level of management, housing, transportation, water conservancy, urban and rural construction land and resources, public security, industry and commerce, development and reform, economic and information technology, the State capital, environmental protection, safety and other relevant departments and trade unions and other public organizations to assist wage protection fund management.

    Belongs to the Government-invested construction projects, save the out-contracting units shall withhold wage payments.

    Article fifth wage protection fund special account for implementation of storage, special withdrawal, no units or individuals are not diverted to any other use.

Sixth above the county level housing and urban-rural construction, transportation, water resources, land and natural resources, development and reform, economic and information technology, capital, environmental protection, safety supervision and management departments should supervise units under construction in their respective areas of responsibility in accordance with the provisions of the stored before the wage protection fund.

    Authorization to proceed with construction projects licensing, record, competent authorities shall regularly review permissions to similar human resource and Social Security Department informed the project list.

    Article seventh human resources and social security departments at or above the county level shall regularly construction unit owed deducted workers ' wages or information submitted to the provincial human resources and Social Security Department, the provincial human resources and Social Security Department totals reported to the provincial industrial and commercial administration sector, into the enterprise credit information management and use. Eighth construction units shall cost 2% wage protection fund to a wage protection fund account store; project cost more than 500 million Yuan less than 1 billion yuan in excess by 0. 5% stores the wage protection fund; project cost more than 1 billion yuan and over parts according to 0. 1% stores the wage protection fund.

    Storage of individual construction projects wages guaranteed not less than 50,000 yuan.

Nineth construction unit has one of the following shall occur within 1 year from the date, stored in project cost 3%-5% wage payment.

(A) without cause, number of deduction from workers ' wages in arrears more than 20 or, total deduction of wages in arrears of more than 200,000 yuan;

(B) occurs because of a default, deducting workers ' wages 20 or more collective petitions, the collective work stoppage, resistance and other unexpected events or other serious consequences;

(C) to pay workers wages below the local minimum wage;

    (D) upon approval does not need to store the wage protection fund, default, deducting workers ' wages Act.

    Tenth for 3 consecutive years in a province-wide no credit record of the construction unit, by the provincial human resources and Social Security Department of publicity without objection, without storing the wage protection fund.

    11th construction units should be in the 30th after signing the contract, within the jurisdiction of human resources and social security department store of wage payment procedures.

12th construction stores the wage protection fund, should provide notification or construction project application form, the original construction contract auditing, and deposited with the following written information:

(A) successful copy of copy of notice of filing form or construction projects;

(B) construction of a copy of the contract;

(C) copy of business license;

(D) human resources and Social Security Department as required from their storage in the wage protection fund arrears or withheld wages of workers undertaking.

    Applications do not need to store the wage protection fund, consistent with required storage conditions should be provided related proof materials.

    13th above county level human resource and Social Security Department reviews construction after submitting written materials, to meet the requirements should be issued to banks on the day stores wages guarantee letter.

    14th construction unit of human resources and wage protection Fund issued by the social security department store vouchers, human resources and social security department store to the construction unit of the construction unit wages guarantee certificate.

15th construction units of any of the following acts, human resource departments can use it to store salaries and social security benefits to pay for workers ' wages.

(A) construction company offered workers wages;

(B) the subcontractor default, deducting workers ' wages;

    (C) the other without paying workers ' wages shall be paid in accordance with law.

    16th construction stores the wage protection fund is used to pay workers ' wages according to law, the construction unit shall fill in the 30th after.

    17th overall contracting of construction projects by the general contractor is responsible for storing the wage protection fund.

18th construction project completed after acceptance or after passing the acceptance of communications construction engineering, construction workers ' wages should be paid at the construction project site publicity, publicity timing on 20th.

Construction and acceptance of traffic construction project completion acceptance or 60 days, construction unit to apply for return of the wage protection fund, human resources and Social Security Department shall have been audited in the 30th, default, deducting workers ' wages was not found, return it to its storage of wage payment and statutory interest.

    Due to a pay dispute into the labor dispute arbitration or judicial proceedings, pending the Agency after the entry into force of a ruling, according to the provisions of the preceding paragraph the wage protection fund applications for return procedures.

    19th article construction engineering completed Hou, non-construction party reasons, due to cannot handle completed acceptance procedures of, since engineering completed 1 years Hou, not found arrears, and deduction workers personnel wage behavior of, construction units can application returned by storage wage guarantees gold of 80%; engineering completed 2 years Hou, not found arrears, and deduction workers personnel wage behavior of, construction units can application returned by storage wage guarantees gold balance and the statutory interest.

Section 20th for the return of wage protection fund should provide the following materials:

(A) return the written application of the wage protection fund;

(B) construction project completion report or reports of traffic construction project completion acceptance;

(C) the registered account;

(D) workers ' payroll tables;

(E) publicity photos pay tables on the construction site;

    (Vi) construction company legal representative power of attorney. 21st human resource and Social Security Department shall receive wages guarantee return date of the application in the 10th to make decision on whether to return.

    Return conditions are not met, it shall state the reasons in writing.

    22nd trade authorities of the construction unit storage wage protection fund is not required under this approach and go through the relevant formalities, by the Department of industry is responsible for the workers ' wage arrears.

    23rd construction units are not required under this approach stores make up the wages or benefits, and by human resources and Social Security Department ordered stores late are not stored according to criteria to be kept in 5% up to 10% the amount fined; fines of less than 50,000 yuan, 50,000 yuan penalty.

    Article 24th province, human resources and Social Security Department annually through the provincial media 1 don't need to store the wage protection fund construction unit lists, subject to public supervision.

25th article human resource and Social Security Department and other relevant departments and their staff work in the wage protection fund in one of the following acts, does not constitute a crime, the managers directly responsible and other persons directly responsible shall be given administrative sanctions:

(A) failing to perform their duties, cause significant social instability events;

(B) violation is found or received reports of violations are not investigated;

(C) the disclosure of business secrets obtained in the course of performing their duties;

(D) unit and leak of personal information;

    (E) other acts of abuse of power, negligence, malpractice.

    26th article this way is absolutely necessary to store outside the scope of the wage protection fund, by the city and State Governments according to local conditions, formulate rules for its implementation, submitted to the provincial people's Government for approval. 27th article this way come into force on March 1, 2014.