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Xining Construction Labor Wage Payment Management

Original Language Title: 西宁市建设领域劳务工资支付管理办法

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Employment pay management approach in the area of construction

(Summit 5th ordinary meeting of the People's Government of Sihan on 29 March 2012 to consider the adoption of Decree No. 110 of 10 April 2012 No. 110 of the People's Government Order No. 110 of 10 April 2012 for implementation effective 1 May 2012.

Article 1 guarantees the right of workers to obtain labour compensation through the labour force, in accordance with the provisions of the Labour Contracts Act of the People's Republic of China, the construction law of the People's Republic of China, the Labour Guarantee Monitoring Regulations, the construction of the Quality of Engineering Regulations, and the establishment of this approach in the light of the actual provisions of the present city.

Article II applies to construction units within the city's administrative area and to new construction, construction and construction enterprises with labour relations, such as construction, construction, construction, construction, construction and alteration of works, such as roads, water, railway, electricity, communications.

This approach refers to construction enterprises, including contractors, professional contractors and labour subcontractors.

Article III. Governments of the urban, district (zone) should establish a joint system of labour pay management consisting of administrative departments and general trade unions, such as human resources and social security, construction, housing, transport, water, public security, correspondence visits, meetings on a regular basis to coordinate timely cases involving unpaid labour wages. The Governments of the various districts (at the district) and the committees of the development districts are responsible for the management of the construction of project labour wages within their jurisdictions, in accordance with the principle of territorial management, divisional responsibility, who is responsible.

Article IV Human resources and the social security administration are responsible for the management of oversight payments paid in the area of labour wages, leading to the coordination of investigations by other administrative departments regarding the arrears of labour.

The construction of the administration sector should regulate the procedures and procedures for the construction of projects, establish enterprise credit archives and performance appraisal systems, and work with the human resources and social security administration to address the issue of unpaid labour wages in construction projects under the authority.

The housing security and the housing administration sector should cooperate with the relevant units in the identification of offences in the payment of labour wages in the property development project, and take measures such as envelopes and mortgages to deal with unpaid labour wages in accordance with the law.

The executive branch, such as transport, water and electricity, is responsible for the supervision of construction enterprises under this sector and the construction of engineering works, the establishment of corporate credit files, the processing and industrial control of construction units and construction enterprises in arrears due to their arrears in the works, and the processing and operation of construction enterprises in cooperation with the human resources and social security administration to deal with activities in arrears in construction enterprises.

The public security sector should strengthen its collaboration with the relevant sectors to prevent, identify, suppress the use of unlawful methods and triggers by workers for payment of wages, and to address, in a timely manner, sudden-onset, group-specific events, malicious payments, fraud on the basis of salary.

The mission department is responsible for the payment of labour pay letters to visit the receipt of the complaint and will be able to coordinate with the relevant departments in the processing of the outstanding labour salary.

The general trade unions in the city, the district (zone) are responsible for overseeing the establishment of a sound trade union organization for construction enterprises to guide and assist workers in joining trade union organizations; trade union organizations should perform functions that may represent workers in special collective contracts with construction enterprises to oversee payment of wages in construction enterprises and to maintain the legitimate rights and interests of workers to obtain remuneration under the law.

Article 5. Construction units and engineering companies shall be included in the contract when they enter into construction contracts in the form of the terms of “further payment of works and the timely payment of labour wages” and “ensuring that wages are not in arrears and default compensation”. The contract management reserve sector, when the contract management and review are conducted, should strictly review the content of the provisions and not include the relevant provisions in the contract or do not provide for the construction contract, subject to limitations such as its construction licence.

The construction units should work in conjunction with the management sector, such as human resources and social security, construction, transport, and water, to strengthen the supervision of the construction enterprise pay. Within 10 days of the start-up work, construction enterprises should report local human resources and social security, construction, transport and water administration in writing.

The construction unit should transmit to the Executive Office of the Government of Sihan the notice of the Ministry of Labour and Social Security concerning the application of the payment of the payment of the payment of the subsistence allowance for farmers in the area of construction in the city of Senin City, as required by ADB [2009]43), paying the labour wage in full and on time.

The construction units should strictly pay the progress of the works in accordance with the contractual contract. The construction unit did not pay the progress of the works in accordance with the contract agreement, leading the construction of a contractor to pay for the labour wage and should pay the outstanding labour salary by the construction unit.

Article 6. Construction enterprises are fully responsible for the payment of labour wages, in accordance with the principles of “every contract, who is responsible” and “ Whoever works, whoever is responsible”, and are directly responsible for professional contractors and labour subcontractors.

Article 7. Construction enterprises shall enter into and carry out labour contracts with workers in accordance with the law and conduct work clearances in local human resources and social security administration. Labour contracts should clarify the length of work, the content of work, the protection of labour and the conditions of work, the compensation of the labour and the responsibility to violate labour contracts. The terms of labour remuneration should clarify the criteria for payment of wages (in sums), the payment of projects, the form of payment and the payment of time. Construction enterprises should pay wages in strict accordance with national regulations and wage standards agreed in labour contracts.

The construction company should establish a dedicated account for the payment of labour wages, prepare a salary payment schedule, pay directly to the worker himself and prohibit the payment of the wages to organizations and individuals that do not have the qualifications of the subject matter. The salary scales should be kept for payment units, time payments, payment targets, payment amounts, etc., as well as for more than two years. After each payment of a salary under a contract agreement, the construction company should make a presentation on the pay and the complaint of the telephone to the place of the construction work.

Article 8. The construction company entrusts the bank with the payment of labour wages and shall transfer wages directly to the personal wage bank of the worker. The construction enterprise shall, in the course of the proceedings of the solicitation, payment of the pay bonds, construction permits, integrated insurance etc., be sent to the human resources and the social security administration sector, as well as to the industry authorities, to the relevant documents such as the construction industry enterprise, the bank's salary award and the special account for labour wages.

Article 9. Construction enterprises shall not send the project to organizations and individuals that do not have the qualifications of the subject matter of the work.

Article 10 General contractors should oversee the payment of wages for professional contractors and subcontractors and promote the timely payment of labour wages.

As a result of the absence of a contract contract agreement with a professional contractor and a labour subcontractor, the professional contractor and the labour subcontractor are paying the outstanding labour wage by the engineering contractor's contractor company. As construction enterprises are in breach of the provision, subcontracted to organizations or individuals that do not have the qualifications of the subject matter of the work, the construction company assumes the responsibility to pay the amounts owed.

Article 11. Construction enterprises, due to arrears in the payment of labour wages resulting from arrears in engineering payments, shall pay their outstanding labour wages on a priority basis.

Article 12 Building construction enterprises should put in place a system of excellence, establish a roster of workers, which should include detailed information on the names of workers, sex, identity cards, home address and location, contact format, use of work and start-up hours. It is also supported by the signature, retention, archived by the construction company and reported on the human resources of construction units and engineering sites and the social security administration. The roster of workers retains two-year clearances.

Article 13 Construction enterprises should initially complete the “Follow-up to the construction project in the city of Senin” at the beginning of a month, and the construction units are disbursed in accordance with the Good fiduciary Guidelines for Construction in the City of Senin.

A professional contractor and a labour subcontractor shall complete a detailed breakdown of the labour wages of the entire universe coding of the Ministry of Human Resources and Social Security before the end of each month, and report the engineering company, which assigns labour wages according to the labour wage schedule.

Article XIV, after the construction of a construction enterprise works, recognizes that there is no arrears in the wage of the workforce, and that the human resources and the social security administration have issued the “Washing of unpaid labour” to the construction enterprise. The construction enterprise shall provide the construction, transport and water-lier administration services with “the unpaid labour wage determinations” and the non-continuation of the receipt and clearance process.

Article 15. The worker may maintain his or her legitimate rights by finding that the person's unit is in arrears or withholding the salary by:

(i) Complaints reports to the human resources and social security administration;

(ii) To apply for arbitration to labour arbitration bodies;

(iii) In accordance with the law, the People's Court shall apply for payment orders or proceedings.

Article 16 states that any organization and person discovers that construction enterprises are one of the following conditions and have the right to report to the human and social security administration sectors:

(i) No labour contract with workers;

(ii) Failure to pay wages in accordance with the agreement of the labour contract or by the State;

(iii) Lower labour wages than local minimum wage standards;

(iv) No payment or payment of overtime wages as prescribed;

(v) Dismoval or termination of labour contracts without payment of economic compensation by law;

(vi) Other acts that violate the right to pay.

Article 17 Human resources and the social security administration should strengthen the annual work of labour security, establish a credit system for the payment of wages for construction enterprises, and make the payment of wages an important element of the annual inspection process, into the labour engineering credit files. The list of enterprises and their legal representatives is to be published in the media for long-term construction enterprises that are in arrears in wages and malicious payments, and to the relevant sectors. The offences relating to the payment of labour wages in the form of routine inspections, special inspections, receipt of complaints, etc. should be dealt with in accordance with the relevant provisions of the State and the province.

Article 18 Construction, transportation, water-friendly administrations should be credited to the construction enterprises that are maliciously in arrears in the labour wage under the jurisdiction, to inform the literature and to social exposure, public indications and to limit their market access, tender qualifications and the construction licence of the new start-up project, in accordance with the law; in exceptional circumstances, to eliminate their wage quality. Businesss that have been approved by the relevant provincial administrations to enter the present market trigger the payment of labour wages and report on time to the relevant provincial administrations on proposals such as abolition of qualifications, crediting the market.

Article 19 violates this approach by providing for penalties under the law, legislation and regulations.

Article 20

Article 21, in violation of article 7 of this approach, provides that construction units do not enter into labour contracts with workers, are converted to the time limit by the human resources and the social security administration and may impose a fine on the user unit by the number of persons who have not signed the labour contract.

In violation of article 7 of the present approach, unpaid salary payments and the reporting of telephones are corrected by a time limit for human resources and the social security administration; and the refusal to rectify it is fined by two thousand dollars.

Article 23, in violation of article 9 of this approach, is corrected by an executive officer of the industry and a fine of up to 1 per cent of the contract price of the construction contract.

Article 24, in violation of article 12 of the scheme, construction enterprises have not established a roster of agents under the law or have not sent a roster of human resources to construction units and engineering sites and the social security administration.

Article 25 Disadvantages, fraud on the basis of salary, the malicious organization shall punish the person responsible in accordance with the relevant provisions of the Law on the Management of Penalties by the People's Republic of China, or the denial, obstruction of the law enforcement of the staff of the executive branch, interference with the worker's legal complaints, vetting the salary, causing the loss of public property, and the public security authorities shall be liable for liability, in accordance with the relevant provisions of the Law on the Safety and Security of the People's Republic of China.

Article 26 Staff members of the executive branch shall be held accountable under the law in connection with the procedures relating to the construction project and in the processing of unpaid labour wages cases.

The specific application of this approach is explained by the Ministry of Human Resources and Social Security.

The twenty-eighth approach was implemented effective 1 May 2012.