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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201210/20121000377294.shtml

Xining construction labor wage payment management (March 29, 2012 in Xining people's Government Executive meeting of the 5th review on April 10, 2012, 110th of Xining Municipality announced as of May 1, 2012) first in order to standardize the construction labor 52-funded payments to protect workers through labour the right to remuneration, in accordance with the People's Republic of China Law on labor contracts, the People's Republic of China building laws, regulations on labor security supervision, the construction engineering quality management regulation

    The provisions of laws and regulations, combined with the city's actual, these measures are formulated.

    Second approach applies to projects within the administrative area of the city unit, as well as of various types of housing, municipal infrastructure, roads, water conservancy, railways, electricity, communication, construction, expansion, renovation of building construction enterprises and workers form labor relations with it.

    Construction enterprises in these measures, including General Contracting Company, professional contractors and services company. The third municipal, district (County) Government should be established by human resources and social security, construction, real estate, transportation, water conservancy, public security, petition the administrative departments and trade unions wage payment management services consisting of meeting system, regular meetings, handle cases involving labor wages in arrears in a timely manner.

    The district (County) Government and the development zone management Committee in accordance with territorial management, graded responsible, who is in charge and who is responsible for the principle of responsible labor wage payment supervision and management work of construction project in the area.

    Fourth article human resource and social security administrative departments responsible for construction labor wage payment supervision and management work, lead in coordinating other departments for the administration of enterprise labor wages owed the investigation and handling of the event.

    Construction administrative departments should standardize construction project approval procedures and filing systems, establishing business credit archives and the performance appraisal system, with the human resources and social security administrative departments to handle the problem of labor wages in arrears in its construction.

    Housing and property administration shall cooperate with the relevant units investigate and deal with violations of labor wages owed in real estate development projects, take measures such as sealing up, mortgage delinquency services in accordance with law wages.

    Transportation, water conservancy administrative departments are responsible for the Department's construction enterprises and their service works of engineering construction project supervision and management, establishing business credit archives law of labor wages in arrears due to arrears of construction and construction enterprises and industry; cooperate with human resources and social security administrative departments handle events that labor wages in arrears of construction enterprises.

    Public security departments should strengthen cooperation with relevant departments in the prevention, investigation, suppression of workers through illegal and violent means to demand payment of their salaries and, in conjunction with relevant departments timely treatment emergency, group events, investigate and deal with malicious arrears of wages, unpaid wages on the grounds of fraud and other illegal activities.

    Wage complaint complaints departments responsible for labour work of letters and calls, and in conjunction with the relevant departments to handle labor wages in time petition event.

    Municipal, district (County) Federation to supervise building construction enterprises establishing and perfecting trade union organizations, guidance and help workers to join unions; the Labor Union should function, and represents workers wages of collective contracts with the construction enterprises to monitor wage payment in construction enterprises, maintenance worker gets Labor's legitimate rights and interests according to law. Fifth General contract of construction and engineering companies to sign the construction contract, should be "allocated project funds and labor salaries on time on time" and "guarantee the service wage arrears and compensation for breach of" write the terms of contract.

    Filing Department in contract management and contract management for the record review, the terms should be thoroughly examined and related articles not be written contracts or contracts are not recorded, but to limit their construction permit. Units shall cooperate with human resources and social security, construction, transportation, water conservancy administrative departments to strengthen supervision and management of construction enterprises pay.

    After the project starts in 10th, construction enterprises should be location, duration of construction, the company name written report of local human resources and social security, construction, transportation, water conservancy Administrative Department. Units shall in accordance with the Xining Municipal Government forwarded the Office of municipal labor and Social Security Bureau in Xining migrant wages payment system construction areas of the implementation of the suggestions of the (better governance [2009]43) requirements, in full and on time payment of labour wages paid deposit.

    In designated accounts and earmarked. Units should be strictly in accordance with the project contract agreed to pay progress payment.

    Contract for construction is not progress, where the construction project contract enterprises labor wages, should be made by the employer to advance labor wages.

    Sixth construction enterprises in accordance with "who's contract, who is in charge of" and "who labor, who is in charge of" principles of engineering general contract enterprise of labor wage payment fully responsible, professional contractors and labor service company directly responsible. Article seventh building construction enterprises shall and perform labor contracts with the workers and local human resources and social security administrative departments for the record. Term of a labor contract should be made clear in the labor, work content, labour protection and working conditions, remuneration and liability for breach of contract, and so on. Remuneration terms should be clear criteria for wage payment (money), payments, payment forms and payment time, and so on.

    Construction enterprises should be strictly in accordance with State regulations and wages payment of wages stipulated in the labor contract. Construction enterprises should establish special labor payroll account, prepare a statement of wages paid, will be paid directly to the worker himself, granted is strictly prohibited without the employment qualifications of organizations and individuals. Wage payment table shall truthfully record units, pay, payment, payments, such as salary payments, and save more than two years for future reference.

    Construction enterprises after the time salaries according to the contract, wages should be paid and complaints phone eye-catching publicity at the construction site. Article eighth construction company entrusts the Bank to issue labor wages, wages should be allocated directly to the worker's personal salary bank cards.

    Construction enterprises carry out the tender for the record, payroll deposit payment proof and construction permit procedures, comprehensive insurance, labor and construction enterprises and banks should be paid agent agreement and special labor payroll account open a certificates and related documents submitted to human resources and social security administrative departments and departments in charge of industry.

    Nineth project construction enterprises shall not be in any form and the employer does not have the subject qualification of the labor organizations and individuals.

    Tenth General Contracting Enterprise for professional contractors and supervise the implementation of labor service company pay and supervise the payment of labour wages. Enterprise for general contract is not according to the contract with professional contractors and labor service company settlement projects, specialist contractors and labor service company labor wages owed by general contract Enterprise advance labor wages.

    Construction enterprises that violate the provisions of contracting, subcontracting to the organization or individual that does not have the qualifications, borne by the construction enterprise pay off the arrears of wages.

    11th construction enterprises of labor wages in arrears due to being in arrears, Enterprise recovery of arrears, should be given priority payment of labour wages. 12th construction enterprises should carry out the real-name entry management systems, a register of workers shall be included in workers ' names, gender, social security number, residence address and address, contact information, employment forms, labor time and other details. And after the workers ' signatures, fingerprints, by construction Enterprise Archive for future reference, and submitted to the employer and the project where human resources and social security administration departments.

    Work roster two years for reference.

    13th construction enterprises should be the beginning of every month to fill out the project of Xining construction real-name credit management credit table of unit construction project of Xining city, according to the municipal real-name credit table of allocation of credit management progress.

    Professional contractors and labor service company should be at the end of each month, fill out human resources and social security administrative departments produced detailed labor wages in city-wide unified coding, engineering general contracting business, project general contracting business in accordance with the labour schedule of wage allocation of labor wages. Article 14th construction enterprises after project completion, verify that no labor wages, human resources and social security administrative departments to the construction enterprises of the issuance of the certificate of non-labor wages.

    When handling the completion and filing procedures in construction enterprises, construction, transportation, water conservancy administrative departments to provide the certificate of non-labor wages, and has default behaviors, not for completion and filing procedures.

    15th workers the employer who has defaulted or acts of unlawful deduction of wages, to safeguard their legitimate rights and interests in the following ways:

    (A) report to the Department of human resources and social security administration;

    (B) apply to the Labor Arbitration Arbitration;

    (C) initiate litigation to the people's Court for a payment order or by law.

    16th article of any organizations and individuals find construction enterprises, one of the following circumstances, entitled to human resources and social security administrative departments:

    (I) is not signed labor contracts with the workers;

    (B) is not in accordance with the labor contract or wage prescribed by the State;

    (C) payment of labour wages below the local minimum wage;

    (D) not paid or not paid overtime pay;

    (E) the rescission or termination of the labor contract, not economic compensation in accordance with law;
(Vi) other acts against interests of wage.

    17th article human resource and social security administrative departments should strengthen inspection of labor security work, establish and improve the pay credit system in construction enterprises, wage payments as important elements of the annual inspection included labor credit files. On long-term unpaid wages and malicious arrears of construction enterprises, to be published in the news media list of the companies and their legal representatives, and to inform the relevant Department.

    Through routine inspection, special inspection, handling reporting and complaint forms found on the labor wage violations should be paid according to the State and relevant provisions of the province to deal with it. Article 18th construction, transportation, water conservancy and other malicious labour wages within the administrative jurisdiction of the Department of building construction enterprises, shall be entered into the credit record, criticized, and exposure to the community, publicity, and on market access under the law, public bidding eligibility restrictions and construction licenses for new projects, in serious cases, canceling its construction quality.

    Approved by the provincial administration department access to the building market triggered labor wages, and timely reports to the provincial administrations, cancellation of qualification, cleaning out the construction market in the city, and so on.

    Article 19th acts in violation of these procedures, laws, regulations, penalties, from its provisions.

    20th units not complying with the provisions of articles stored labor payroll deposit or margin after paying labor wages, save labor payroll deposit not required supplement, rectification by human resources and social security administrative departments, it refuses to, impose a fine of 20,000 yuan.

    Article 21st disobey article seventh unit not signed labor contracts with the workers, a rectification by human resources and social security administrative departments, and can not sign labor contracts the number of Employer fined 500 yuan per person.

    22nd article violates article seventh in these measures, an unpublicized salary payment and complaint calls, a rectification by human resources and social security administrative departments; it refuses to, impose a fine of 20,000 yuan.

    23rd violates the Nineth provisions of these measures, the competent administrative authority shall order rectification and fine at 0.5% more than 1% below the contract price.

    Article 24th disobey article 12th, without a register of workers in construction enterprises, or fail to submit the roster construction and the engineering of human resources and social security administration departments located, impose a fine of 20,000 yuan.

    25th article malicious wages, and to please paid for by for fraud, malicious organization has nothing to do personnel manufacturing malignant groups event or refused to, and hinder administrative organ staff law enforcement, and interference workers personnel law complaints, and Chase please wage of, caused social public property loss of, should bear compensation responsibility, police organ should in accordance with People's Republic of China security management punishment method of about provides on related responsibility people be punishment; constitute crime of, law held criminal.

    Article 26th executive staff in handling the project procedures and handling labor wages case, negligence, malpractice, shall be given administrative sanctions if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    27th article this way on specific applications of the municipal human resources and Social Security Bureau is responsible for the interpretation. 28th article of the rules take effect on May 1, 2012.