Shaanxi Province Peasant Laborer Wage Payment Guarantee (For Trial Implementation)

Original Language Title: 陕西省农民工工资支付保障规定(试行)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379262.shtml

Shaanxi Province peasant laborer wage payment guarantee (for trial implementation)

    (Consideration at the 14th General meeting of 2012 Shanxi provincial people's Government of Shaanxi Province, on August 28, 2012 the 162th announced as of October 1, 2012) first in order to regulate the payment of wages for rural migrant workers, maintaining the lawful rights and interests of migrant workers, in accordance with the People's Republic of China Labour Act and other laws and regulations, this provision is enacted.

    Second recruit migrant workers business provincial administrative regions and individual organizations, private non-enterprise units and other units is liable to pay the wages for rural migrant workers and individuals (hereinafter referred to as the employer) shall abide by these provisions.

The third people's Governments above the county level shall strengthen leadership of the payment of wages for rural migrant workers work, establishing a payment of wages for rural migrant workers for joint conference system and deal with issues such as unpaid wages, deduction of wages for rural migrant workers.

    Higher people's Governments shall strengthen the supervision and inspection of lower level people's Governments pay for migrant work.

Article fourth of human resources is responsible for the payment of wages for rural migrant workers ' social security sector support. Police organ is responsible for refused to paid labor paid crime behavior of investigation work, assist about sector processing arrears agricultural migrant workers wage raised of group event; monitored sector is responsible for on administrative organ and staff and administrative organ appointed of other personnel perform agricultural migrant workers wage paid guarantees duties situation implementation monitored; judicial administrative sector is responsible for guide legal service institutions and legal assistance institutions, for was arrears or deduction wage of farmers workers provides legal service and legal assistance

 And assist human resources and Social Security Department of housing and urban-rural construction wages for rural migrant workers in construction industry payment protection on construction work.

    Development and reform, financial, land and natural resources, transportation, water conservancy, the State-owned assets management, industry and commerce administration, railway and other departments and units within the scope of their respective duties for the peasant workers ' wages to pay support.

Five trade unions at all levels are responsible for guiding and helping employers legally established trade union organizations, a system of collective consultation on wages, improve the mechanism for regular pay increases and payment guarantees.

    The Trade Union shall supervise the implementation of payment of wages for rural migrant workers, providing legal assistance to migrant workers free and safeguard farmers ' legitimate rights and interests.

    Sixth employer should enter into labor contracts with migrant workers, the real-name system management, a register of workers, time recording, payroll management, such as account.

Seventh employers and migrant workers shall participate in social insurance schemes according to law and pay social insurance fees.

    Employers shall create the conditions to improve collective welfare and improve the welfare of migrant workers.

    Article eighth an employer who employs the migrant workers shall be from the date of hire in the 10th with a roster of local human resources and social security of migrant workers Department. Nineth employer shall pay in cash monthly in full wages for rural migrant workers.

Have agreed to pay period less than a month, their agreement shall prevail.

    Employers to pay migrant workers cannot be paid less than the local minimum wage standard.

    Tenth the employer shall be paid monthly wages of migrant workers during the industrial. 11th construction project labor service company for employing migrant workers pay directly responsible, upon receipt of the project priority should be paid their wages for rural migrant workers. 

    Unit or the general contractor was not in accordance with the contract and construction labor service company settlement of project cost and farmer workers ' salary by building units or general contracting companies to advance agricultural workers ' wages; general contract enterprise in violation of regulations subcontract, subcontractor caused agricultural workers ' wages, by general contract enterprise bear the obligation to pay the wages for rural migrant workers.

    12th construction units and engineering general contract Enterprise shall be in accordance with the contract allocated project funds, and urge the labor service company on a monthly basis to pay wages for rural migrant workers. 13th district of city, County (city, district) people's Government may, in accordance with relevant regulations of the State, establishing wage deposit system for rural migrant workers.

   Margin used to secure payment of wages for rural migrant workers wages for rural migrant workers.

    Pay deposit belongs to all employers, bank account stores, human resources and Social Security Department supervision.

14th to encourage construction and engineering general contract Enterprise wages portion of the project budget in the separate account management and protection of farmer workers ' wages on time and in full.

    Encourage engineering general contract enterprise or subcontracting enterprises to set up special accounts for wages for rural migrant workers by banks issuing wages for rural migrant workers.

    15th 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.

    16th people's Court trial of cases involving unpaid wages, deduction of wages for rural migrant workers, you need to understand the employer information, development and reform, human resources and social security, land and resources, housing and urban-rural construction, and industrial and commercial administration departments should be provided in a timely manner; execution farmer workers ' wage cases, relevant units and individuals shall co-operate.

    17th legal aid agencies, grass-roots legal service organizations, should provide legal services for migrant workers claim wages unpaid.

    18th people's Governments at various levels should make contingency plans, promptly and properly handle major due to defaults, deduction of wages for rural migrant workers.

19th people's Governments above the county level shall organize regular payment of wages for rural migrant workers guarantees supervision and inspection to discover and deal with problems in the payment of wages for rural migrant workers work.

    Human resources and social security departments should strengthen daily supervision and inspection, discover and address the problem of employers offered farm workers ' wages.

20th government investment projects there is no source of funds or funds not implemented in time, development and reform Department shall not be approved.

    Employer use of government investment project by farmer workers ' wage, development and reform Department may not approve of the construction new government investment projects, and ordered its programme of feasibility of the proposed deadline to pay farm workers ' wages.

Article 21st real estate development enterprises in arrears leads to problem of wage arrears for migrant rural, land and resources, housing and urban-rural construction, industrial and commercial administration departments should take measures to assist human resources and Social Security Department to urge them to advance agricultural workers ' wages.

    Businesses and other employers farmer workers ' wages in the construction industry, relevant administrative departments shall take the necessary measures to urge them to actively finance together with human resources and Social Security Department, the timely payment of wages for rural migrant workers.

22nd human resources and social security departments shall exercise supervision over employers the following checks:

(A) the labor contract with the migrant worker;

(B) establish the relevant account;

(C) compliance with the relevant provisions of labor;

(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, development and reform, public security, supervision, Ministry of land and resources, housing and urban-rural construction, transportation, and State-owned assets management, industry and commerce administration departments shall provide assistance, inspected unit and individual shall cooperate, shall not be obstructed.

    Article 23rd departments such as human resources and social security should the employer pay wages for rural migrant workers into the social credit system management, established employers to pay wages for rural migrant workers credit records, and announced to the public.

    Article 24th of development and reform, public security, supervision, human resources and social security, land and resources, housing and urban-rural construction, traffic and transport, State-owned assets management, industry and commerce administration departments and their staff, do not discharge the responsibilities of paid wages for rural migrant workers protection and rectification by the people's Governments at the corresponding level, or related departments are serious, its charge and persons directly responsible shall be given administrative sanctions.

    25th an employer is not on a monthly basis or in accordance with the labor contract in cash directly to the migrant workers ' wages must be paid in full, by human resources and Social Security Department ordered to pay, and pay compensation for wages owed 25%; fails to pay, by human resources and Social Security Department in accordance with the owed wages and total compensation more than twice times fined a maximum of 5 times.

    26th in violation of the provisions of article sixth, seventh, eighth, 11th, 12th, and rectification by human resources and Social Security Department; it fails, by the social security authorities and the development of human resources reform, public security, supervision, Ministry resources, housing and urban-rural construction, traffic and transport, State-owned assets management, and industrial and commercial administration departments dealt with according to law.

    27th labor dispatch service offered by farm workers ' wages, by human resources and Social Security Department and other relevant departments shall be ordered to correct serious, to 1000 Yuan per person more than 5000 Yuan below the standard fine, and by the Administrative Department for industry and commerce shall revoke business licenses; causes losses to the sending migrant workers, staffing firms and accepting units shall bear joint liability.

    28th in violation of the provisions of any other Act, is provided for by laws and regulations, from its provisions. 29th article of the regulations come into force on October 1, 2012.