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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387159.shtml

Construction wages for rural migrant workers in Lanzhou interim measures for security management

    (February 17, 2013 Lanzhou City Government 33rd times Executive Conference considered through March 5, 2013 Lanzhou City Government makes [2013] 7th, announced since April 10, 2013 up purposes) first article for specification construction field agricultural migrant workers wage paid behavior, perfect agricultural migrant workers wage paid guarantees system, effective maintenance farmers workers lawful rights and interests of, according to People's Republic of China labor law and wage paid interim regulations, provides, combined this city actual, developed this approach.

    Article these measures applicable to construction project unit within the administrative area of the city.

    This article referred to "construction project" means all types of housing construction, municipal, public, transportation, water resources, information industry and infrastructure construction civil engineering, pipe lines, equipment installation, decoration, urban landscape and other new construction, expansion or reconstruction projects.

    This way, the term "employer" means the investors or investors of the project.

    This way, the term "migrant wages guarantee" (hereinafter "margin") refers to the project for the approval of the construction project before the administrative departments responsible for notifying and monitoring unit under the 3% of the price of the contract salary funds to a bank account store.

    Fourth approach to human resources and Social Security Department are responsible for the concrete implementation.

    Construction, transportation, water conservancy, development and other related departments shall exercise supervision units pay a security deposit as required.

    Development and reform Department for approval of the construction project approval or for the record, approval or case with a copy to human resources and Social Security Department.

    Fifth article human resource and Social Security Department is responsible for the day-to-day supervision and inspection of construction projects and unpaid wages for migrant margin units, orders the rectification order book, ordered to pay a security deposit in the 30th.

    Sixth engineering construction enterprises when bidding, should be made in the tender documents, not farm workers ' wages in writing.

    Due to illegal subcontracting, subcontracting for construction projects, resulting in pay wages for rural migrant workers in accordance with the labor contract, by a legitimate business qualification of the general contractor to assume responsibility to pay wages for rural migrant workers.

    Article seventh bond have a level of control.

    Municipal human resources and Social Security Department responsible for the Chengguan district of xigu district, qilihe district,, and, and, and in Anning district, high area, an economic zone in the city, construction of project examination and approval Department management of margin management.

    Yuzhong yongdeng honggu district, Lanzhou area,, and, and, and gaolan County of human resources and Social Security Department responsible for the administration by the city, County and district construction of project examination and approval Department management of margin management.

    Article eighth human resources and social security departments in charge of deposit in accordance with rules established by the bank account.

    Margin to introduce segregated storage, special withdrawal, unified management, and accept supervision by the financial and auditing departments, no unit or individual may misappropriate or relief.

    Nineth according to construction project approval, construction project started prior to the approval of the report, issued by the construction project approval authority to the owner of the building in Lanzhou City area migrant wages deposit payment notice a book, notification and surveillance units to the construction location human resource and Social Security Department of the Bank after the deposit, according to procedures issued construction permits.

    Tenth Article payment of margin in accordance with the following procedure:

    (A) construction based on estimates for the construction of project examination and approval Department fill out the construction in Lanzhou city wages for rural migrant workers in the field of deposit payment application form.

    (B) units with the construction in Lanzhou city wages for rural migrant workers in the field of deposit payment application form, to the designated bank account of the human resources and social security pay a security deposit.

    (C) the units Bank of deposit certificates, issued by the Loa, the construction contract to human resources and Social Security Department, received the building areas to pay wages for rural migrant workers in Lanzhou city deposit confirmation.

    (D) the unit construction wages for rural migrant workers in Lanzhou confirmation of deposit and bank payment voucher to the construction of project examination and approval Department filing procedures.

    (E) the unit within 3 business days of receiving the construction permit to human resource and Social Security Department 1 Xerox, for the record.

    (F) human resources and Social Security Department fill out the construction wages for rural migrant workers in Lanzhou of margin payment registration account.

    (G) fails to make full payment of deposit units, construction of project examination and approval Department and human resources and Social Security Department should be credited to the credit file, criticized, and exposure to the community; the circumstances are serious, shall be punished according to law.

    11th construction unit shall not, for any reason without paying migrant wages tax or deposit.

    12th under construction within the territory of the following farm workers ' wages in one of the departments of human resources and social security should be enabled within 30th security deposit:

    (A) fails to pay wages for rural migrant workers in construction enterprises;

    (B) the employer employer illegally or illegally subcontracted construction project in construction enterprises, resulting in employment does not have a legal personality or no qualification, leading to arrears of wages;

    (C) construction of legal representatives or heads of projects conceal, escape or death, caused agricultural workers ' wages;

    (Iv) other confirmed by human resources and Social Security Department in construction enterprises defaulted wages for rural migrant workers and construction companies temporarily insolvent.

    13th security deposit in accordance with the following procedure:

    (A) confirm the farmer workers ' wages. Construction wages complaints, reports, human resource and Social Security Department shall carry out investigation to verify.

    Confirmation of default and legally informed the owner and construction Administrative Department.

    After investigation no arrears, inform the complainant in writing (informer).

    (B) proof of construction enterprises. According to provisional regulations on wage payment provisions of construction enterprises on wages paid to assume the burden of proof.

    Complaints against outstanding wages in construction enterprises, human resources and Social Security Department within the specified time could not provide proof of payment of wages and other materials, human resources and Social Security Department and construction Administrative Department according to the worker's wages and the relevant evidence finds that the amount of arrears.

    (C) margin withdrawal.

    When there are facts and are unable to pay in respect of arrears of wages in construction enterprises, human resources and Social Security Department, joint meetings of the competent administrative Department for construction projects, according to the confirmed amount paid deposit.

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

    Human resources and Social Security Department in accordance with the decisions of the joint meeting, and paid wage arrears.

    Article 14th start after paying the deposit does not pay, issued by human resources and Social Security Department of the rectification order shall be ordered to pay in the 30th.

    15th security deposit refund under the following procedure:

    (A) wages payment of publicity.

    After completion, unit publicity on the construction site of the construction project completion date, project results, wage settlement for the payment of, public notice not less than 20 working days.

    (B) construction applications. After the project completion acceptance unit to apply to the Department of human resources and social security payments and refund the deposit.

    Applications should complete the construction wages for rural migrant workers in Lanzhou margin (book, card) application form for refund, provide payroll information and publicity results.

    (C) security deposit refunded.

    Human resources and social security departments should be issued within 5 working days from the date of acceptance of the construction wages for rural migrant workers in Lanzhou margin (book, card) opinion on the return, bond principal and current interest by the Bank a one-time refund payer.

    16th employer provided false information to defraud margin, or construction, construction enterprises to provide false information to receive bond principal and interest, by human resources and Social Security Department ordered return of the fraud or received payment, and be held accountable under the law.

    Article 17th of its human resource and Social Security Department received to margin management audit, regularly publish the margin balance, subject to public supervision. 18th human resources and Social Security Department in the management of staff in the margin of the abuse, malpractice, neglect their duties, shall be subject to processing.

    Project of building sector workers unpaid deposit issuance of the construction permit, shall be subject to processing.

    19th no units and individuals can deposit to reports and complaints of violations in the Administration, human resources and Social Security Department, in conjunction with relevant departments to investigate in a timely manner and shall be subject to processing, and the informer confidential. 20th article of the rules as of April 10, 2013.