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Construction Wages For Rural Migrant Workers In Lanzhou Interim Measures For Security Management

Original Language Title: 兰州市建设领域农民工工资保证金管理暂行办法

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Provisional approach to the management of farmer wage guarantees in the area of construction in the State of Land

(Adopted by the 33th ordinary meeting of the Government of the Commonwealth of the Länder on 17 February 2013, No. [2013] of 5 March 2013, No. 7 of 10 April 2013)

Article 1 establishes this approach in conjunction with the provisions of the Labour Code of the People's Republic of China and the provisional wage payment regulations, in order to regulate the payment of wages by farmers in the area of construction, to improve the payment of wages by farmers and to effectively defend the legitimate rights and interests of farmers.

Article II applies to construction units within the city's administration.

Article III of this approach refers to various types of construction, extension, alteration projects such as buildings, municipalities, public use, transport, water, information industries and infrastructure-building.

This approach refers to “building units” to investment actors or investors in engineering projects.

This approach refers to the “Friender Work Guarantee” (hereinafter referred to as “guarantees”), which is the responsibility of the executive branch of the construction project approval prior to the start of the work, to inform and oversee the special funds stored by the construction unit in accordance with the 3 per cent of the engineering contract price.

Article IV Human resources and the social security sector are responsible for the specific organizational implementation of this approach.

The construction units, such as construction, transport, water and rehabilitation, are governed by the law by the provision of the payment of pledges.

The releasing sector, after approval of a project for construction, will be accompanied by the approval of the approval or approval of the project.

Article 5 Human resources and the social security sector are responsible for the day-to-day monitoring of construction works, the construction of units that do not pay the wages of farmers, the issuance of the Terminal Adjustment Order to pay their pledges within 30 days.

Article 6. When construction enterprises carry out engineering tenders, written commitments in tender documents that do not meet the wages of farmers should be made.

The construction project, owing to the violation of subcontracting, reproduces, has made it impossible for the farmer to pay under the labour contract and is vested with the full contractor with legal operators in paying the wages of the farmers.

Article 7. Guarantees are governed by level.

The urban human resources and social security sector is responsible for the management of construction units administered by the municipal and district project approval sectors in the urban gates, the seven River area, the west, the Annin, the new area, and the economic area.

The human resources and the social security sector in the new districts of the State of the Rran State, the Red Cross, the Nongyong, the Autonomous Region, the École, the Communist Party and the District Project Approval Unit are responsible for the management of the construction units administered by the municipal, district and district project approval sectors in the present administration area.

Article 8. Guarantees collected by the human resources and the social security sector are deposited with banks established under the provisions.

Guarantees are subject to exclusive storage, exclusive access, uniform management and supervision in the financial, auditing sector, and no unit or individual shall be diverted and compensated.

Article IX, in accordance with the competence of the construction project approval project, prior to the approval of the construction project, a letter from the construction project approval department to the construction unit of the payment of the farmer pay bond in the area of construction in the Länder State, informing and overseeing the issuance of a construction permit by the construction unit to the designated banks in the human resources and social security sectors of the construction site.

Article 10 Guarantees are paid in accordance with the following procedures:

(i) The construction unit completes the registration schedule for the payment of farmer wages in the area of construction in the State of Land, based on the estimates approved by the construction engineering project approval sector.

(ii) The construction unit, with the Landsland City Capital Guarantee payment application for the registration form, pays the payment of the payment of compensation to the designated banks in the human resources and social security sector.

(iii) The construction unit's payment certificate, the letter of assignment, the construction contract to the human resources and the social security sector, which receives the confirmation of payment of farmer wages in the area of construction in the State of the Interior.

(iv) The construction unit holds the “Acknowledgement for the Employer's Work Guarantee” in the area of construction in the State of Land and the bank's contribution voucher to the construction project approval process.

(v) The construction unit shall submit a photocopy to the human resources and social security sector within three working days after the receipt of the construction licence for the preparation of the case.

(vi) The human resources and social security sector completed the Register of Employers' Wages Guarantees in the Construction of the Land State.

(vii) The construction of the engineering project approval and human resources and social security sector should be recorded in the credit file, criticized and exposed to society in a timely manner and, in the event of serious circumstances, punishable by law.

Article 11. The construction unit shall not pay or default on the payment of the farmer's wage.

Article 12

(i) The construction enterprise does not pay the wages of farmers in accordance with the law;

(ii) The construction unit's unlawful launch or construction of the construction of an enterprise's illicit transfer package, which does not have legal personality or no enterprise qualifications, leading to arrears in the payment of the wages of farmers;

(iii) The concealment, desertion or death of the owner of the construction enterprise legal person or the head of the engineering project, resulting in the arrears of the wages of the farmers;

(iv) Other cases in which construction enterprises are certified by the human resources and the social security sector in arrears in the wages of farmers and the construction enterprises are temporarily incapacitated.

Article 13 Guarantees are paid in accordance with the following procedures:

(i) Confirmation of the default on the wages of farmers.

The construction units are subject to paid complaints, and the human resources and the social security sector should be verified by law. The construction units and the construction of the project's administrative authorities have been informed by law, as confirmed by the arrears.

The complainant was informed in writing (the author) after the investigation was not in arrears.

(ii) The construction business certificate.

Under the terms of the provisional wage payment regulations, the construction company bears the burden of proof on pay. The construction enterprise is subject to a payment complaint that cannot provide material such as salary payments within the human resources and social security sector, and the administrative authorities of the human resources and social security sector and construction projects may determine the amount of arrears in accordance with the amount of wages paid by workers and the related evidence.

(iii) Guarantees of payment.

In the event of a lack of pay and the inability to pay, a joint meeting was held between the human resources and the social security sector and the executive authorities of the construction project to obtain a guarantee in accordance with the confirmed amount.

(iv) Employer wages.

The human resources and social security sector, in accordance with the decisions of the joint meeting, pays on a case-by-case basis.

Article XIV units that have not been completed after the payment of the bonds have been initiated, and the Human Resources and Social Security Department issued the Terminal Adjustment Order to be added within 30 days.

Article 15. Guarantees returned under the following procedures:

(i) A statement of wage distribution.

After the work handover, construction units may not be less than 20 working days at the end of the construction project, the payment of the works and the results of the wage settlement.

(ii) Applications for construction units.

The construction unit applied to the human resources and social security sector for settlement and refund of the compensation. The application shall be completed in the area of construction of farmer wages in the area of construction in the State of the Interior (in this, interest) to refund the application and provide a public indication of the payment of wages.

(iii) Refund.

The human resources and social security sector should return to the “Final, interest” payment for farmer workers in the area of construction in the State of the Land, within five working days from the date of receipt, and be returned to the payment unit by the bank, which will guarantee the payment of the pay and the lifetime interest.

Article 16 provides false information from the work unit, defaults, or construction units, construction enterprises provide false information on the payment of the pay and interest, and is charged by the human resources and social security sector to recover or receive funds and are held accountable under the law.

Article 17 Human resources and the social security sector receive an audit of the management of the bonds, publishes payments on a regular basis and receive social oversight.

Article 18 Human resources and social security sector staff abuse of their functions in the management of bonds, provocative fraud, play-offs, and are treated by law. The construction sector staff are treated by law with regard to the nuclear launch of the construction licence for the unpaid guaranteed construction project.

Any unit and individual may report and file a complaint on the offences committed in the management of the bonds, and the human resources and social security sector will conduct prompt investigations with the relevant departments and be treated in accordance with the law and confidentially.

Article 20