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Interim Measures On The Payment Of Wages For Rural Migrant Workers In Lanzhou City Security Management

Original Language Title: 兰州市农民工工资支付保障管理暂行办法

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Provisional scheme for the payment of wages for farmers in the city of Land

(Adopted by the 33th ordinary meeting of the Government of the Lands of the State of Land, 17 February 2013, No. [2013] of 5 March 2013, by Order No. 6 of the People's Government of the State of the Interior, No. 6 of 10 April 2013)

Article 1 provides for the regulation of the payment of wages for farmers, the prevention and resolution of arrears in the wages of their farmers and guarantees the payment of their work wages, in accordance with legal provisions such as the People's Republic of China Labour Code, the development of this approach, in conjunction with the practice of the city.

Article 2

Article 3

Article IV is in direct contact with all relevant sectors and organizations, in line with the division of duties, to cooperate closely in the prevention and resolution of arrears in the wages of farmers.

(i) The human resources and social security sector is responsible for the work of farmers in paying for safeguards inspections, which are responsible for receiving complaints of unpaid work wages for farmers, regulating the work and pay payments of the user's units, and for the safeguarding role of the farmer's wage guarantee.

(ii) The rural and urban construction sector is responsible for the coordination of the construction of construction units for the payment of wages to farmers. Strengthening the management of the statutory basic construction process, strengthening the construction contract review process and managing the construction service subcontracting market. Reimbursement and regulation of the construction market order, at the source, address the issue of unpaid work wages for farmers due to the arrears of the works and implement the responsibility for payment of wages for farmers in the construction industry. The construction unit shall be notified and supervised to grant a licence for construction in accordance with the procedure after the payment of the payment of the guaranteed payment to the banks established in the human resources and social security sectors. Constraints that are in arrears in the wages of farmers are restricted by law to the upgrading of their qualifications, the evaluation of precipitity and the consequent penalties.

(iii) The public security sector is responsible for investigating, under the law, criminal acts suspected of refusing to pay labour compensation and for the refusal of the human resources and the social security sector to pay cases of alleged offences, and for ensuring that workers' legitimate rights and interests are not violated in a timely manner.

In accordance with the law, the authorities concerned have been assisted in the handling of serious incidents of disruption of public order resulting from the payment of wages to farmers.

(iv) Sectors and units such as the issuance, finance, land, planning, urban credit companies are responsible for resolving the Government's investment engineering project's arrears in the work of the project, developing a Government investment engineering project's deadline for arrears in engineering projects, and overseeing the payment of farmers' wages for government investment engineering projects that have been resolved in arrears. Because of the arrears in the amount of work, the wages of the farmers were owed by the current Government or the relevant sector, and the payment of the outstanding farmer's wages was made.

The People's Government of the District (zone) has not been able to address the arrears of Government investment projects and no approval of the new Government investment projects.

(v) Departments such as steadfastness, memorials, are responsible for the coordination of the organizational coordination of the treatment of the incident due to the loss of the wages of the farmers, in accordance with the principles of “persons, who are responsible” and “sland management”.

(vi) In the context of their respective responsibilities, the regulatory management of industrial-related business work and the payment of wages for farmers, which assist the human resources and the social security sector to properly deal with the unpaid work of farmers.

(vii) The business administration sector is responsible for investigating, in accordance with the law, actions taken by farmers who do not operate in violation of the law, bringing the unpaid wages of their individual business and enterprises into good faith files and regularly publicized society.

(viii) The solicitation management is responsible for overseeing the management of units involved in tendering. In the case of units with serious arrears or chewing of the wages of peasants, their malicious acts are recorded in the good faith file and are regularly published in society.

(ix) The inspectorate is responsible for overseeing the performance of duties in the relevant sectors, conducting investigations into the finding of misconduct by the administrative organs, the malfeasing of the grade and processing in accordance with the relevant provisions.

(x) Trade union organizations are responsible for guiding, helping the user unit to establish a trade union organization under the law, establishing a collective bargaining system for wages, leading farmers to defend their rights through legal channels.

(xi) The judiciary should establish a mechanism for legal aid for the bargaining of farmer workers and open a green corridor to provide timely and effective legal assistance and legal advisory services to address the arrears of the wages of farmers.

Article 5 Engaging farmer workers by a user unit should be based on the date of recruitment, the 30-day farmer work roster to local human resources and social security sector clearances and the signing of a labour contract with the farmers' workers, the introduction of a sterile management system, the establishment of a roster of workers, a record of attendance and payment of wages. Various units that recruit farmers' workers will be required to establish a “farmer-farmer” system that will place farmers' workers' attention, etc., at the heart of the user units and construction work. The content of the information was developed by the urban human resources and the social security sector, free of charge.

In the absence of a labour contract with the farmers' workers under the provisions of the Labour Guarantee Monitoring Regulations, the human resources and the social security sector are moving away from correction, and the human resources and social security sector is fined by more than $20,000 in 2000.

Article 6. The user unit shall pay the wages of peasants in accordance with monthly or labour contracts and pay the wages shall not be lower than the minimum wage for the place of the user unit.

In violation of the provision of monthly salary payments or payment of wages less than the local minimum wage, the human resources and the social security sector is charged with a period of time, and the human resources and social security sector is charged with paying compensation to farmers in accordance with the Labour Guarantees Monitoring Regulations.

Article 7.

Because construction units or engineering companies do not pay work under contract agreement, the construction of a engineering contractor is in arrears in the wages of the farmers and is paid by the construction unit or the engineering contractor's total contractor.

As a result of the breach of the provision of transit packages, subcontracting works have resulted in the payment of farmer wages, which is paid by the engineering contractor's company for the payment of the unpaid farmer work.

Article 8. The construction unit shall pay the payment of the subsistence allowance for farmers in a timely manner, as stipulated in the relevant provisions.

Article 9. Construction units, engineering units shall include the salary portions of the works advances separately in the accounts management and guarantee the payment of farmer workers on time. The General Contracting Unit or the Labour Subs Unit shall establish a dedicated account for the wages of farmers, which shall be paid by banks for the work of the farmers.

Article 10 Industrial labour disputes mediation organizations, grass-roots popular mediation organizations and labour personnel dispute arbitration institutions should facilitate the conditions for farmers' workers and actively assist farmers in obtaining paid and chewing wages.

Article 11. The People's Government of the District (zone) should regularly monitor the inspection of the payment of wages for farmers and address the problems arising from the work of the farmer pay security.

Article 12 Government investment projects do not have funds or funds to be implemented on time, and they cannot be reproduced.

Article 13

Article XIV has resulted in the unpaid construction of the construction licence or approval of the start-up report, which has resulted in the payment of the wages of farmers, assisted by the rural and urban construction sector in addressing the arrears of the wages of farmers and granted administrative penalties under the law to construction units and construction units.

The self-employment construction work in violation of construction planning licensing regulations has resulted in arrears in the wages of farmers, assisted by the Integrated Administration of Urban Management in the human resources and social security sector in the settlement of the arrears in the wages of farmers and granted administrative penalties under law to construction units and construction units.

Article 15. The human resources and social security sector should carry out a focused monitoring inspection of the following matters of the user unit:

(i) In the case of a labour contract by a man's unit of farmers;

(ii) The establishment of the relevant labour use management desks;

(iii) Compliance with the relevant provisions of labour dispatch;

(iv) paying the wages of farmers;

(v) Other matters relating to the wages of farmers.

When human resources and the social security sector conducts oversight inspections, the relevant sectors should be assisted and the inspection units and individuals should be coordinated without obstruction.

Article 16, the immediate relevant sectors of the city and their staff members do not perform the guaranteed payment duties for the work of their farmers, is restructured by the Government of the current people or the relevant sector, in the circumstances of a serious nature, giving administrative treatment to their supervisors or directly responsible persons in accordance with the law; and criminal responsibility is vested in the law of the offence.

Article 17