Administrative Measures For The Payment Of Wages For Rural Migrant Workers In The Construction Industry Of Anshan City

Original Language Title: 鞍山市建筑业农民工工资支付管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264114.shtml

Administrative measures for the payment of wages for rural migrant workers in the construction industry of Anshan city

    (April 13, 2010 14th, Anshan city people's Government, the 58th Executive meeting on June 8, 2010, Anshan city people's Government, the 166th release come into force effective) first in order to regulate the payment of wages for rural migrant workers in the construction industry in our city, improving wages for rural migrant workers in the construction industry payment protection systems, maintaining the lawful rights and interests of migrant workers, according to the national, the provincial provisions of relevant laws, regulations and policies, based on actual city, these measures are formulated.

    Article these measures applicable to construction projects within the administrative area of Anshan city construction, construction companies and the formation of labor relations of migrant workers ' wages to pay management.

    Article municipal human resources and Social Security Bureau was paid wages for rural migrant workers in the construction industry in the City Management Department, responsible for the supervision and inspection of the payment of wages for rural migrant workers in the construction industry in the city.

    Counties (cities), human resources and Social Security Department are responsible for the area of farmer workers ' wage payment supervision and inspection work in the construction industry, and supervised by the municipal Bureau of human resources and social security inspection and operational guidance.

    Construction, planning, land, real estate, Commerce, administration of Justice, real estate development, trade unions and other sectors and organizations, according to their respective functions do a farmer workers ' wage payment supervision and inspection work in the construction industry. Fourth of municipal or County (City) Governments should establish and improve the joint conference system of migrant workers.

    Through joint meetings to organize and coordinate the relevant administrative departments, solving difficult cases involving migrant workers or emergency cases. Fifth article to support and encourage the development of professional labor service company.

    By the establishment of trade unions in the labor service company, protection of migrant workers to participate in democratic management in enterprises and safeguard farmers ' legitimate rights and interests. Sixth construction enterprises shall, in accordance with the construction and monthly submission to the employer by the municipal human resources and Social Security Bureau of construction inspection, and produced by payroll; construction should according to construction inspection forms and payroll, allocated project funds in a timely manner and to guarantee labor costs are paid by the month, is also responsible for supervising the construction of the enterprise's payroll.

    Should be indicated separately in the project labor costs and material costs migrant workers shall be completed in accordance with the labor contract labor tasks, and observe labour discipline and professional ethics.

    The construction inspection of the construction enterprise, payroll and construction of project funds allocated shall, in accordance with the principle of territoriality, submitted to the human resources and Social Security Department on a monthly record, accept supervision and inspection.

    Units and construction enterprises held jointly and severally liable for wages for rural migrant workers. Seventh construction enterprises employing migrant workers, in accordance with the relevant provisions of the State contract.

    Labour contract shall include the payment of wages projects, standards, methods, and so on.

    Eighth construction enterprises shall, in accordance with the labor contract migrant wages and pay wages for rural migrant workers shall not be under any pretext and deduction of farm workers ' wages.

    Introduction of monthly wages of labor contract for more than a month, less than one month to implement a daily wage. Nineth due to farmers cost reasons caused economic losses to construction enterprises, construction enterprises according to the requirements stipulated in the labor contract of its compensation for the economic losses. Economic loss can be deducted from the wages of migrant workers, but deducted shall not exceed the monthly salary of 20% per month.

    If the remainder of net less than the local minimum monthly wages, should be paid according to the minimum wage.

    Article tenth migrant wages paid wage payment system management, for use in caused by construction and construction enterprises in arrears or the payroll deduction of wages for rural migrant workers. After bidding for construction projects after the winning bidder is determined, units and construction enterprises, should act according to the total project cost of 2% paying wage benefits.

    City, County (City) construction engineering bidding Management Department with the same level human resource and Social Security Department of the construction documentation of construction enterprises to pay wages and benefits, for which you can go through the relevant formalities. 11th wage payments must be deposited in the municipal or County (City) Government-designated special account.

    The account is managed by the city and County (City) departments are responsible for the day-to-day management of human resources and social security and storage draw, unified management, special accounts.

    12th of municipal or County (City) people's Government the establishment of farmer workers ' wage protection fund for special circumstances advanced construction enterprise or deduction of farm workers ' wages, after the pay arrears recovered according to law by the relevant authorities. Article 13th farmer workers ' wages reported cases of complaints, human resources and Social Security Department shall receive and organize investigations in a timely manner. Verified, shall order the responsible party replacement wages for rural migrant workers, liable party refuses to perform, by the city and County (City) departments from the wages paid by human resources and social security benefits be paid in, and their make up the wage protection fund within 1 month.

    For group events arising from arrears of wages for rural migrant workers, the responsible party shall pay the wages protection standards make up the wage protection fund twice times.

    14th construction enterprises shall pay public salaries at the construction site and complaint calls.

    Many farmer workers ' wage units, construction enterprises, human resources and social security sector exposure in the news media and are accounted for in the bad records and administrative penalty according to law.

    After completion of the 15th, 15th construction site publicity without complaint, petition, by the employer, the construction enterprises to apply for, verification by the human resources and Social Security Department no arrears of wages for rural migrant workers, within 7 working days since the date of the application for the return of wage payments of principal and interest. After completion of the 16th article, confirm that no arrears of wages for rural migrant workers, human resources and social security sector to the construction enterprises of issuance of certificate of non-agricultural workers ' wages.

    Certificate of non-agricultural workers ' wages as construction Administrative Department for completion and filing procedures. 17th construction works shall not be in violation of regulations will be dismembered and construction enterprises and subcontractors.

    Due to construction engineering and construction enterprises to dismember, illegal subcontracting and contracting construction projects in a linked manner resulting in arrears and the deduction of wages for rural migrant workers, should assume responsibility for discharge and deduction of farm workers ' wages.

    18th to or deduction from wages of migrant workers, to safeguard their legitimate rights and interests through the following channels:

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

    (B) apply to the Labor Arbitration Arbitration;

    (C) initiate litigation to the people's Court for a payment order or by law. 19th article human resource and social security departments should establish and improve the system of complaints, accepting complaints from migrant workers in a timely manner.

    No organizations or individuals found that construction companies have one of the following circumstances, the right to report to the Administrative Department of human resources and social security.

    (A) failing to sign labor contracts with migrant workers;

    (B) is not in accordance with the labor contract agreed to pay wages;

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

    (D) failure to pay benefits into a special account designated by the Government;

    (V) the acts of the other against wages for rural migrant workers ' rights. 20th article units, and construction enterprise arrears and deduction agricultural migrant workers wage of, construction administrative sector can law on its market access, and enrollment bid qualification and new starts project construction license, for limit, not handle completed acceptance procedures; land resources administrative sector limit the engineering construction units participate in new of land bid; business administration organ law be investigation, until not handle license annual procedures; environmental sector not handle engineering acceptance; quality prison sector not handle enterprise code card annual Public security Fire Department shall not handle building fire inspection, record public security departments are responsible for the investigation of the construction enterprises in the process of employment of migrant workers seek to swindle or other administrative cases and criminal cases.

    Judicial administrative departments shall provide migrant workers with legal assistance for the recovery of wages.

    Article 21st disobey article sixth, not monthly submission to human resources and Social Security Department construction inspection, wages or salary paid, by human resources and Social Security Department be ordered to rectify; overdue change, impose a fine of 3000 Yuan.

    22nd in violation of the provisions of article seventh and rectification by human resources and Social Security Department; fails to change, by not signing labor contract 500 yuan per person for the number of employers fined.

    23rd offence to the first paragraph of article tenth, does not pay the wage protection fund, by human resources and Social Security Department ordered to pay overdue payments, impose a fine of 10000 Yuan.

    24th article violates this way 14th section an unpublicized salary payment and complaint calls, by human resources and Social Security Department be ordered to rectify; overdue change, and fined 1000 Yuan fine.

    25th for acts in violation of these measures, national, provincial and municipal laws, regulations, and provisions of regulations, by human resources and social security, construction, planning, land, real estate and other sectors in accordance with relevant regulations will be punished. 26th article this way come into force on the date of promulgation.