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Lhasa, Paying Workers ' Wages On Construction Safeguards

Original Language Title: 拉萨市建设领域支付民工工资保障办法

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Means of payment of wages in the area of construction in Lasa

(Adopted by Decree No. 30 of 17 November 2010 by the Government of the city of Lasa on 1 January 2011)

Article 1 guarantees the legitimate rights and interests of the public in accordance with the Labour Contracts Act of the People's Republic of China, the Department of State's observations on the settlement of the problem of the work of farmers, the provisional scheme for the regulation of the payment of the wages of farmers in the area of construction, the construction of houses and the completion of the processing of industrial infrastructure works, and the development of this approach in the light of the actual practice of the city.

Article II applies to construction enterprises constructed within the city's administrative region and to work-related workers.

Labour contract disputes entering litigation, arbitration proceedings are not applicable.

This approach refers to the construction enterprises involved in housing construction works, road bridge works, water engineering, route pipeline equipment installation works, new construction, expansion and alteration activities (hereinafter referred to as construction enterprises).

Article 3 Human resources in the city, the district (zone) and the Social Security Administrative Authority are responsible for the construction of the management and inspection of the wages paid by the business worker.

Sectors and organizations such as urban housing and rural-urban construction, development and reform, finance, inspection, land resource planning, transport, water, public safety, business, justice, trust visit, trade unions, are working together to pay wages for their work in accordance with their respective responsibilities.

Article IV. Construction of an enterprise to recruit a public worker must enter into a written labour contract in accordance with the law. The municipal human resources and social security administrative authorities should develop and implement the normative text of labour contracts and enhance guidance and supervision on the establishment and implementation of labour contracts with construction enterprises.

Article 5. Construction enterprises must pay their wages in full, in accordance with the relevant provisions of the Labour Code, the Minimum Wage Regulations, in accordance with the relevant provisions of the Labour Code, in the form of the statutory currency, for the month of credit or, in accordance with the labour contract, pay the wages.

Article 6. The construction enterprise shall establish an internal wage payment scheme in accordance with the law, either through collective consultations or other democratic consultations, and shall inform the whole of the enterprise, accompanied by local human resources and social security administration authorities, project construction units.

The wage payment scheme within the construction enterprise should include payment projects, payment criteria, payment patterns, payment cycles and dates, overtime paying base, payment of wages in special circumstances and other salary payments.

Article 7.

Article 8. The construction enterprise shall direct the payment of wages to private workers and, in addition to the payment of public works by the bank, prohibit any form of transmission or distribution.

Article 9. The monthly reporting system for the payment of wages for construction enterprises. Enterprises must send to project construction units, human resources and social security administrative authorities by 5 April the last month's civil engineering attendance, engineering recognition and salary payments.

Article 10. The construction of a business and a private worker shall be terminated by law and removed from the labour contract.

Article 11. The construction company (including the construction unit in Lasa) employs a wage payment scheme for the public worker:

(i) A construction enterprise that obtains eligibility for project construction will be required to obtain a guaranteed payment for the wages of a worker (with the exception of the payment of the payment of the payment of the payment of the payment of the payment of the performance bonds) prior to the receipt of the construction licence, in accordance with the construction contract price or 10 per cent of the total value of the project. The payment of wages is governed by a dedicated account management by the financial administration, and by industry authorities such as human resources and social security administration. The bonded by the construction company was deposited with the Human Resources and Social Security Administrative Authority to conduct a book on the construction of the Worker Pay Guarantee in the area of construction, voucher of the construction of the Public Employer pay Guarantee Bill to the Housing and Urban-rural Authority.

(ii) When the payment of wages is due to the inadequacy of the salary resulting from the pre-emption mattress payments, the construction enterprise must pay additional payments in a timely manner so that the amount of the bond is maintained at the initial level.

(iii) In the event of a arrears in the wages of the public, the parties to the labour contract have confirmed the payment certificate, as confirmed by the human and social security administrative authorities, the financial administration, the housing and urban-rural construction administrative authorities, that the payment of the payment of the payment of the compensation paid to the paid-for-workers.

(iv) The construction project was completed with qualifications and the construction company was not in arrears in the salary of the public and was not reported during the 30-day public holiday period, and the construction company had submitted an application, the project construction unit had confirmed that the human resources and the social security administration administration authorities, the financial administration authorities had returned the payment of compensation payments to the public works.

Article 12. The construction enterprise shall, as a result of its arrears in the salaries of the public and private workers, be subject to priority payment of the unpaid civil work salary.

Article 13 General contractors should oversee the payment of labour subcontractors' wages.

The total contractor of the works shall not assign the work in breach of the provision, subcontract to an organization or individual that does not have the qualifications of the subject matter of the work, or shall assume responsibility for the liquidation of the salary associated with the employee.

Article 14.

Article 15. After the completion of the construction project, the housing and urban-rural-building administrative authorities shall be able to process the completion of the work-receiving process after the construction units have obtained a human resources and the non-exclusive salary certificate from the social security administration authorities.

Article 16 project construction units shall make payments in a timely manner in accordance with the contract agreement. The construction of funds has not been implemented and cannot provide proof of funding from the relevant departments or banks, and the housing and urban-rural construction administrative authorities may not grant construction permits and may not approve the start-up reports.

Article 17 Government investment-building projects are in arrears in the salaries of public workers due to the lack of funding, the existence of malfunctional conditions, and the inspection of administrative authorities should be held accountable accordingly.

Article 18 Human resources and social security administration authorities are responsible for checking the loss of payment of wages by construction enterprises in violation of the relevant provisions of the State salary, while recording credit files and informing the relevant sectors.

Housing and urban-rural-building administrative authorities assist in the handling of businesses with arrears in the wages of the people, limit their market access, solicitation and new start-up project licences, and default, circumstances seriously, and default on the basis of law, stopping, reducing or eliminating qualifications.

The financial administration is responsible for the supervision of the use of wage payments and assists in the payment of public work wages.

Article 19 reproduces construction enterprises that refuse to pay additional payments and pay-fured wages, which are not corrected by two orders, while the Government's administrative authorities can communicate to society through public means.

Article 20 found that a construction enterprise has one of the following conditions and has the right to report to the local human and social security administrative authorities:

(i) No payment of wages as agreed;

(ii) pay less than the local minimum wage;

(iii) A signatory of a construction enterprise that does not enter into a written labour contract with itself or a labour contract by the enterprise is not a legal representative of the enterprise or its commissionor;

(iv) Disadvantages or fines;

(v) No payment of overtime wages;

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

Article 21 shall be legitimate in accordance with the law, and the public security sector shall be treated in accordance with the law with respect to the application of the law against the order of social management.

Article 2

Article 23 deals with disputes relating to the payment of wages by public workers and construction enterprises, in accordance with the relevant provisions of the State concerning labour disputes.

The Labour Dispute Arbitration Commission may decide in part on cases of wage disputes that result in difficulties in the life of the civilian worker, as well as disputes relating to civil work injury and the treatment of wages during the period of sickness, and that the construction enterprise does not carry out some rulings, the parties may apply to the People's Court by law.

Article 24 Business that has been granted a licence for the construction project prior to the operation of this scheme must be paid to the municipal, district (zone) human resources and social security administrative authorities to supplement the pay bond.