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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346682.shtml

Lhasa, paying workers ' wages on construction safeguards (November 15, 2010, Lhasa city people's Government, the 13th Executive meeting November 17, 2010, Lhasa city people's Government released 30th come into force on January 1, 2011) first to regulate migrant workers ' payment in construction enterprises, ensure their legitimate rights and interests, in accordance with the People's Republic of China Law on labor contracts, the several opinions of the State Council on solving peasant worker problems, construction wages for rural migrant workers in the field of the payment of the interim measures for the Administration, and the

    Housing construction and acceptance of municipal infrastructure project management methods, combined with the city's actual, these measures are formulated.

    Second approach applies within the administrative area of the city and construction of construction enterprises and formed labour relations of migrant workers.

    Entering labor contracts disputes litigation and arbitration procedures the procedures do not apply.

    Construction enterprises in these measures refers to engage in housing construction, road and bridge construction, water conservancy project, line pipe equipment installation engineering, decoration engineering in new construction, expansion, renovation of enterprises (hereinafter referred to as the construction company).

    Article city, County (district) administrative departments in charge of human resources and social security of migrant workers ' payment in construction enterprises management and monitoring work.

    City Housing and urban-rural construction, development and reform, financing, monitoring, land and resources planning, transportation, water conservancy, public security, industry and commerce, justice, petition, trade unions and other sectors and organizations, according to their respective duties to do related work of the migrant workers ' pay. Fourth construction enterprise employs workers, must sign a written labor contract according to law.

    Municipal human resources and social security administrative departments shall develop and implement a standard employment contract, strengthen construction company and the workers entered into and the guidance and supervision of the performance of such contract.

    Fifth construction enterprises must strictly follow the labor laws, minimum wage requirements and other relevant provisions, in the form of legal tender to pay workers ' wages, so months clear monthly, or in accordance with the labor contract agreed to pay wages.

    Sixth construction Enterprise shall, through collective bargaining or other forms of internal democratic consultation wage payment and inform all employees of the enterprise, and reported to the local administrative Department of human resources and social security, the project construction.

    Wage payment should be included within the construction Enterprise: payments, amount, payment method, payment cycles and dates, overtime pay, special cases of the basis of calculation of wages paid as well as other paid content.

    Seventh construction firms to pay workers ' wages shall prepare a statement of wages paid, faithfully record the payment unit, pay, payment, payments, such as salary payments, and save more than two years for future reference.

    Eighth construction company shall be paid directly to the workers themselves, apart from the principal bank workers ' wages, and forward or in any form is strictly prohibited. Nineth construction wage payments imposed monthly reporting system.

    Enterprises must be in the 5th of the next month before last month's migrant worker absences, quantity confirmation and payments submitted to the project wage employer, the Department of human resources and social security administration.

    Tenth construction enterprises and migrant workers terminated, termination of labor contract law the Parties shall pay the workers ' wages.

    11th construction enterprises (including other cities to Lhasa construction units) employ laborers wage payment system: (A) the project before construction qualification of construction enterprises in obtaining construction licenses, subject to contract price or total cost of the project 10% extraction workers ' wages to pay security deposit (except for the payment of a performance bond) into financial administration departments special designated bank account. Pay deposit by the competent financial administrative sector for private account management, Department of human resources and social security administration departments.

    Construction Enterprise Bank of margin deposit certificates issued by human resources and social security administrative departments management of the construction workers ' wages deposit certificates of deposit, the construction workers ' wages deposit certificates of deposit to housing and urban-rural construction Administration Department for construction permits.

    (B) when the paid deposit amount due to an advance workers ' wages low, construction companies must append to pay in a timely manner, keep the margin amount initial levels.

    (C) when there is a workers ' wages in arrears, the labor contract agreed, by the competent administrative Department of human resources and social security, fiscal Administrative Department and the Department of housing and urban-rural construction Administration confirmed proof of payment, you can pay in workers ' wages deposit payment of workers ' wages.

    (D) acceptance of engineering construction project, no arrears of wages in construction enterprises and 30th publicity but none, construction enterprise applications, project construction units confirmed by human resources and social security administrative departments, financial administrative departments for the returned migrant workers ' payment deposit procedures.

    12th construction enterprise of workers ' wages in arrears due to being in arrears, Enterprise recovered were in arrears, shall be used to pay the workers ' wages.

    13th general contract Enterprise shall supervise the implementation of labor service company pay workers ' wages.

    Engineering general contract enterprise project must not be in violation of regulations contracting, subcontracting to organizations or individuals does not have the qualifications or is liable to satisfy workers ' wages in arrears should be jointly and severally liable.

    14th owner, engineering general contracting business is not in accordance with the contract and settlement project of construction project contracting enterprises, where the construction project contract enterprises workers ' wages, by owner, project general contracting business to advance workers ' unpaid wages, advance salary limited to outstanding projects.

    15th project after project acceptance, Administrative Department of housing and urban-rural construction should be achieved in the construction of human resources and social security administrative departments issued no arrears of laborer wages after proof, before they can go through the project acceptance record. 16th section units shall in accordance with the contract of the project allocated project funds in a timely manner.

    Funds have not been materialized, not accompanied by the related Department or check issued by a bank proof of funds, Department of housing and urban-rural construction administration shall not be issued for its construction permit, shall not approve work reports.

    Article 17th because funding is not in place for government investment construction projects to pay workers ' wages, there is dereliction of duty cases, monitoring the executive authorities shall be investigated for responsibility.

    18th human resources and social security administrative departments in charge of construction enterprises that violate the relevant regulations of the State wage payment arrears or deducting workers ' wages by investigating and recording credit files, and informed the authorities.

    Housing and urban-rural construction administrative departments responsible for workers ' wages in arrears work at the enterprise, on its market access and bidding qualification and permits for new construction projects, limiting malicious arrears, in serious cases, ordered closed by law, reducing or eliminating qualifications.

    Margin of financial administrative departments is responsible for wage payment supervision on the use of, and to assist in the payment of workers ' wages deposit work.

    19th to append refused to pay a security deposit of construction enterprises and wage arrears, Enterprise, as both ordered corrective action is still not corrected, in parallel with the law, the Government administrative departments can be open to the public.

    20th the migrants found that construction companies have one of the following circumstances has the right to complain to the local administrative Department of human resources and social security report:

    (A) is not in accordance with the agreed payment of wages;

    (B) to pay wages below the local minimum wage;

    (C) the construction enterprise is not and I sign a written labor contracts or of enterprises to sign labor contracts that the signatory is not the legal representative of the enterprise or his client;

    (D) or deduction of wages in arrears;

    (E) without paying overtime pay;

    (Vi) other acts against interests of wage.

    Article 21st laborers according to law the legitimate rights for violation of endangering social order, public security departments should be dealt with according to law.

    22nd article government investment construction project formed of migrant workers wage arrears disputes, by project construction units is responsible for coordination solution; investment introduction funding project formed of migrant workers wage arrears disputes, by investment introduction funding units coordination solution; rental land building caused of migrant workers wage arrears disputes, by land rental units coordination solution; other civil investment project formed of migrant workers wage arrears disputes, by license (approved) sector coordination solution.

    23rd laborers and construction companies due to pay disputes, in accordance with the relevant regulations of the State on labor disputes.

    To the fact that clear and timely decision creates difficulties of migrant workers wage dispute cases, and wages during their work-related injuries and illness-related dispute cases, part of a labor dispute arbitration Committee may award No operative decision of construction enterprises, either party may apply to a people's Court according to law enforcement. 24th article this way come into force on January 1, 2011. Enterprise for the project license before the implementation of this approach, must go to the city and County (district) Department of human resources and social security administration wage deposit cashout process payments.