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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387250.shtml

Interim measures on the payment of wages for rural migrant workers in Lanzhou city security management

    (February 17, 2013 Lanzhou municipal people's Government at the 33rd Executive meeting on March 5, 2013, Lanzhou municipal people's Government [2013] the 6th release from April 10, 2013) first to pay standard wages for rural migrant workers, prevent and solve the problem of wage arrears for migrant, guaranteed payment of wages for rural migrant workers, according to the People's Republic of China Labour Act and other laws and regulations, combined with the city's actual, these measures are formulated.

    Article II of this administrative area (apart from the Central Government in blue, provincial Grand enterprises) employing migrant workers of enterprises, individual economic organizations and other units is liable to pay the wages for rural migrant workers (hereinafter referred to as the employer), the application of this approach.

    Third counties (district) people's Governments should strengthen protection for the payment of wages for rural migrant workers work leaders, peasant pay guarantees meeting system, coordinate issues dealing with arrears, deduction of wages for rural migrant workers.

    Fourth municipal departments and organizations, in accordance with the Division of responsibilities, cooperate closely, prevent and solve the problem of wage arrears for migrant work.

    (A) the Department of human resources and social security is responsible for the payment of wages for rural migrant workers guarantees supervision and inspection work, is responsible for handling farmer workers ' wage complaint, regulate the employer employment and payment of Wages Act, migrant wages deposit protection role to play. (B) construction of urban and rural construction departments are responsible for coordinated management of construction unit to pay wages for rural migrant workers. Strengthening legal infrastructure program management, strengthen construction contract labor service market review of records management and building management. Rectifying and regulating the order of the construction market, address the source caused by the arrears problem of wage arrears for migrant, implementation of the responsibility to pay wages for rural migrant workers in construction industry. Responsible for notifying and monitoring units to the construction of human resource and Social Security Department of the Bank after the deposit, according to procedures issued construction permits.

    The problem of wage arrears for migrant rural construction units, legally qualified and other upgrades, evaluation assessment recommended limits, and be punished accordingly.

    (C) Public Security Department is responsible for investigating criminal acts allegedly refused to pay labor remuneration, human resources and Social Security Department refused to pay wages of the transfer suspected criminal cases, promptly investigated and dealt with according to law, safeguard workers ' legitimate rights and interests from being infringed.

    Law to assist the departments dispose of farmer workers ' wages caused serious disruption to public order incidents. (Iv) development, fiscal planning, city, land, investment companies and other departments and units responsible for resolving Government-invested projects in arrears, arrears to the Government investment project within a repayment plan, to resolve the arrears of the Government investment project to supervise the payment of wages for rural migrant workers.

    Of farmer workers ' wage arrears due to arrears, deadlines to cover by the level of Government or authority, to advance are owed wages for rural migrant workers.

    The County (district) people's Government failed to solve the problem of arrears of government investment project project no longer approve new government investment projects.

    (V) stability, petition and other departments responsible for farmer workers ' wages raised group, unexpected disposal organization and coordination work, in accordance with the "who's in charge and who is responsible for" and "territorial management" principle, dealing with petitions.

    (Vi) State, transportation, water supply, industry and other departments in their respective industry-related companies within the jurisdiction of labor management and payment of wages for rural migrant workers work, assist human resources and Social Security Department to deal with cases of arrears of wages.

    (G) Administration for industry and commerce is responsible for the lawful investigation and handling unlicensed illegal recruiting migrant workers Act, arrears of wages credited to file integrity of individual industrial and commercial households and enterprises, and to the public on a regular basis. (VIII) bid management is responsible for the units involved in the bidding supervision management.

    There is a serious default or deduction of wages for rural migrant workers, its entry in the file integrity of bad behavior, and to the public on a regular basis.

    (I) the Inspectorate is responsible for the supervision and inspection of the relevant departments to carry out duties, the survey found Executive, such as dereliction of duty, malfeasance, and in accordance with the relevant regulations.

    (10) trade union organizations are responsible for guiding and helping employers legally established trade union organizations, a system of collective consultation on wages, guide the peasants to work through legal channels to protect their interests.

    (11) judicial departments should establish migrant workers over unpaid legal assistance mechanisms, open green channel to solve the problem of wage arrears for migrant rural provides timely and effective legal assistance and legal advisory services. Article fifth an employer who employs the migrant workers shall be from the date of hire, in the 30th with a roster of local human resources and social security of migrant workers for filing and signing labor contracts with migrant workers, the real-name system management, a register of workers, time recording, payroll management, such as account. Employing migrant workers, to establish "migrant workers ' rights told card" system for migrant workers notice posted in the employer and construction site prominently.

    Inform the content produced by the municipal human resources and Social Security Department, for free.

    Employer in accordance with stipulations and migrant workers signed labor contracts and employment record, by human resources and Social Security Department refuses to overdue correction, by human resources and Social Security Department in accordance with the provisions of the regulation on labor security supervision more than 2000 Yuan and fined a maximum of 20,000 yuan.

    Article sixth employer shall on a monthly basis or according to the labor contract agreed to pay wages for rural migrant workers, payment of wages shall not be below the minimum wage the employer is located.

    Employer violates provisions have not paid monthly wages or pay wages below the local minimum wage, by human resources and Social Security Department ordered to pay fails to pay, by human resources and Social Security Department in accordance with the provisions of the regulation on labor security supervision, ordered the employer to deal with the amount of 50% more than 1 time below the standard, to migrant workers and to pay compensation.

    Article seventh employers of migrant workers is the responsibility to pay the wages for rural migrant workers.

    Due to construction or general contractors are not paid according to the contract works, where the construction project contract enterprises agricultural workers ' wages by building or engineering general contract Enterprise advance in arrears of wages for rural migrant workers.

    Engineering general contract enterprise in violation of regulations subcontract, subcontractor caused agricultural workers ' wages, vested in the general contract enterprise pay off arrears of wages for rural migrant workers.

    Article eighth unit margin shall be governed by the relevant provisions of the timely payment of wages for rural migrant workers. Nineth construction units, engineering, general contractor prepayment of wages should be separately included in account management, protection of farmer workers ' wages to pay.

    General Contracting or subcontracting units should set up special accounts for wages for rural migrant workers, by banks issuing wages for rural migrant workers.

    Article tenth Enterprise labor dispute mediation organizations, grass-roots people's mediation and labor dispute arbitration institution shall provide facilities for migrant workers, and actively help to be offered wages of migrant workers.

    11th the County (district) people's Governments shall regularly monitor check the payment of wages for rural migrant workers protection, promptly and properly handling problems in the payment of wages for rural migrant workers work.

    12th government investment projects there is no source of funds or funds not implemented in time, development and reform Department approved the project.

    13th real estate development enterprises in arrears leads to problem of wage arrears for migrant rural, urban construction management departments should take measures to assist human resources and Social Security Department to urge them to advance agricultural workers ' wages.

    14th without the construction license or authorization to proceed to report any unauthorized construction of agricultural workers ' wages, assisted by urban-rural development Department of human resources and Social Security Department to solve the problem of wage arrears for migrant and employer and construction administrative penalty according to law.

    Unauthorized violation of provisions on administration of construction project planning permit of construction caused agricultural workers ' wages, comprehensive administrative law enforcement departments by the city administration to assist human resource and Social Security Department to solve the problem of wage arrears for migrant and employer and construction administrative penalty according to law.

    15th article human resource and Social Security Department should be imposed on employers the following focus on supervision and inspection:

    (A) employers of migrant workers signed labor contracts;

    (B) establish the labor management account;

    (C) compliance with labor-related provisions;

    (D) the payment of wages for rural migrant workers;

    (E) other matters relating to migrant workers.

    Human resources and Social Security Department when conducting supervision and inspection, the authorities shall provide assistance, check the units and individuals shall cooperate with shall not be obstructed.

    16th section directly under the relevant departments and their staff to perform duties of migrant wages paid to protect, by the people's Governments at the corresponding level, or the relevant authority shall order rectification, in serious cases, its officers or persons directly responsible shall be given administrative sanctions constitutes a crime shall be investigated for criminal liability. 17th these measures come into effect April 10, 2013.