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Under Peasant Rights And Interests Protection In Liaoning Province

Original Language Title: 辽宁省农民工权益保护规定

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Protection of the rights and interests of peasants in the provinces of Extension

(Adopted at the 18th ordinary meeting of the Government of the Greateren Province on 2 March 2009, No. 228 of 19 March 2009, issued since the date of publication)

Chapter I General

Article 1, in order to preserve and guarantee the legitimate rights and interests of peasant workers, improve the employment environment of farmers' workers and promote social harmony, and develop this provision in line with the relevant laws, regulations and regulations.

Article 2 refers to the worker who is home to the urban (in the district city).

Article 3. This provision applies to the protection of the rights and interests of farmers in the administrative areas of my province.

Article IV, municipalities, districts (at the district level, area under the same conditions) works security, finance, construction, education, health, safe production regulation, population and related administrations, such as family planning, public safety, administration of justice, within their respective responsibilities, are responsible for the protection of the rights and interests of farmers.

Organizations such as trade unions, WCAs, etc. should actively defend the legitimate rights and interests of farmers in accordance with the law.

Article 5

The communes (communes) government and street offices, the Village People's Commission should be able to organize relevant work such as the production and protection of the rights and interests of farmers.

Article 6. Governments of provinces, municipalities and counties should improve the joint mechanism for the work of farmers and regularly study, coordinate the work of farmers.

Article 7. Farmers have equal labour rights with urban workers. No organization or individual shall discriminate against farmers' workers and shall not deprive, limit the employment rights of peasant workers and shall not infringe on the personal liberty and dignity of peasant workers and shall not violate the labour rights of farmers.

People's units should be given fair treatment to farmers working with them.

Article 8. Farmers who consider their legitimate rights and interests to be infringed may lodge complaints to the relevant branches and trade union organizations of the Government or prosecute by law to the People's Court. Complaints by the executive on the work of farmers should be dealt with in accordance with the law and no precision and delay. Complaints that do not fall within the purview of this sector should be transferred to the specific receiving sector and informed the complainant in writing.

Chapter II Employment services

Article 9. Governments of municipalities, districts and their relevant sectors should incorporate the remaining rural labour force into their employment planning and annual plans in the region, establish integrated employment policies, harmonize market services, harmonize resource-managed employment systems and provide equal employment opportunities and services for farmers.

In addition to the provisions of the State, the Government and its relevant departments may not impose a specific registration project and occupational employment restrictions on the employment of farmers, without administrative approval for the use of farmer workers by the user units, without interference in the ownership of the use of farmer workers by an owner's unit and the non-application of charges against farmers.

Article 10. Governments of the population in areas where the rural surplus labour force is larger should have organizational arrangements for the export of labour and establish a employment-confidence system with the people's governments in the area of entry, advocacy, guidance, guidance on the protection of the rights of farmers, legal knowledge, urban habitual knowledge, job-seekers, and awareness-raising, and awareness-raising of farmers' compliance and legal rights.

People's governments in areas where farmers enter a larger number of areas should build a zero-work market and its accompanying services facility in order to create convenient conditions for their jobs and to strengthen advocacy education and management in the area of sanitation, disease control, rights and interests in the zero-working market.

Article 11. The relevant sectors of the Government should establish a network of public employment services, develop various employment services organizations and facilities, and provide services for the employment of farmers.

Urban public employment services should provide free policy advice, employment information, employment guidance, employment training and vocational presentations for farmers.

Business brokering agencies offer vocational brokering services to farmers, should pay fair and reasonable fees, open charges, and pre-empt to inform farmers about the payment of brokering services.

Article 12. The labour security sector should incorporate skills training for farmers in vocational training programmes in the region and develop vocational training projects tailored to the needs of farmers.

The establishment of a training input mechanism for farmers who are jointly burdened by Governments, user units and individuals. Training funds assumed by the Government are included in the financial budget, with special funds dedicated to the use of specific means by the provincial labour security sector.

Article 13. The labour security sector should organize vocational skills validation exercises tailored to the participation of farmers, encourage and support eligible farmers to participate in vocational skills identification, obtain national vocational qualifications certificates or special occupational capacity certificates.

Article 14.

Chapter III Labour work

Article 15. The use of farmer workers by a person's unit shall be established from the date of work and shall be established.

The establishment of labour relations between the user unit and the work of the farmers should be carried out in writing by law. The terms of the contract relating to labour remuneration should clarify the criteria for payment of wages, the form of payment and the payment of time.

The owner's unit had not entered into a written labour contract with the farmers for a period of one year from the date of work and was considered to have a fixed-term labour contract with its unit.

Article 16, when a labour contract is concluded between the user unit and the work of the farmers, it should be communicated to the content of the work, working conditions, working hours, occupational hazards, remuneration for work and other basic circumstances that are directly related to the conclusion and implementation of labour contracts.

A person's unit shall not use the means of fraud, coercion, etc., to enter into a labour contract with afarer.

The removal or termination of the labour contract with the work of farmers shall be in accordance with the conditions and procedures set forth in the law, the regulations and the payment of economic compensation under the law.

Article 17. The human resources management sector, the engineering project sector, the construction work branch, and the construction operation team shall not be eligible for the labour contract with the farmers' workers as a labour relationship with that unit.

The user unit will operate the project delivery kits, reproduce to organizations that do not have the qualifications of the subject matter of the work or to the privately employed farmers, as a labour relationship with that unit.

Article 18 The use of the text of this unit form shall not be subject to labour laws, regulations, regulations or regulations that are not conducive to the labour rights of farmers and should be presented in the form of a labour security sector.

The text of the labour contract is two times, with each unit of the owner and the work of the farmers, and the owner unit shall not seize the text of the labour contract for the work of the farmers on any grounds.

The model text of the labour contract for farmers, which is harmonized throughout the province, is developed by the provincial labour security sector with the relevant sectors.

When an owner's unit is recruited for the work of a farmer, it should be verified that the identity of a farmer is not used for child labour. Registration and verification information for the admission of farmer workers is maintained by the user unit.

The new recruitment of farmer workers or the continuation of labour contracts with farmers should be made available to the labour security sector in the district of the workplace within 30 days of recruitment or renewal.

Article 20, when the user unit solicits the work of the farmer, shall not be charged to the farmer for the cost of a risk bond, mortgage etc., shall not be seized of documents such as the farmer's work card.

Article 21, when the use of farmer works by a user unit, no female farmers may be denied access to a gender-based basis, in addition to the State's jobs (works) that are not suitable for women.

The recruitment of female farmers and minor farmers by a user unit should strictly implement national special labour protection provisions in the areas of work, labour time and labour intensity.

In article 22, the user units of high-risk industries such as mines, hazardous chemicals, cigarbs, construction must be trained in pre-empt safety for farmers; farmers working in special operations must be trained in specialized safety operations to obtain a national certificate of eligibility.

Chapter IV Pay and Social Insurance

Article 23 provides for equal pay for work of farmers and other employees of the user unit. The determination and growth of farmer work wages are treated equally with other employees of this unit.

Article 24 shall pay the wages of peasants in the form of a statutory currency and shall not be in arrears or be taken into account.

The user unit shall pay the worker's wages in full, either in the month or in accordance with the agreement of the labour contract, and shall not be less than the minimum wage for the workplace. The duration of work is less than one month, and it should pay the wages that farmers should pay at the end of their work.

Article 25. The user unit should establish a system and management approach to the payment of wages for farmers, prepare the salary scales, such as the record of the payment of time, the payment of payments, and the payment of wages, and keep the receipt of the payment of wages over two years. Farmers have the right to search and check their wages.

Farmers work with the user unit in relation to wage payments disputes, with the burden of proof by the user unit. The labour security sector or the arbitral body should be treated in accordance with the principles conducive to the work of farmers.

Article 26 The user unit should pay the wages directly to the farmers themselves and provide a salary list that must be in line with the actual pay.

In addition to entrusting banks with pay, the user units are prohibited from transmitting the farmer's work wages through other organizations or individuals.

Article 27 Construction project construction units do not pay engineering payments to the total contractor in accordance with the contract agreement, or the engineering contractor's total contractor does not resolve the construction works in accordance with the contract agreement and the construction business, resulting in the incompatibility of the construction of the construction company in the payment of the salaries of the farmers, either by the construction unit or by the engineering contractor's total contractor, and the amount paid by the mattress is limited to the unliquidated amount of the works.

The construction of construction ventures, due to the arrears in the payment of the wages of the farmers due to the arrears of the works, which were recovered by the company, should be given priority to the payment of the unpaid farmer labour wages.

Article 28 Because of the diversion package, the breach of the provision of subcontracting works, the construction of a total contractor assumes the associated responsibility for the payment of the salary.

Article 29, which resulted in a loss of the wages of the farmers, was resolved by the construction manager to recognize the quality of the work and to give written conclusions to the parties.

The parties contested the results and, within 5 days of the date of receipt of the written conclusions, complaints were made to the construction of quality oversight bodies at the engineering location. The construction of quality monitoring bodies should assign qualified inspection bodies and provide written replies within 7 days.

Article 33, which causes economic losses to the user unit for the reasons of the peasant's work, may require compensation for economic losses in accordance with the agreement of the labour contract. The compensation for economic losses may be deducted from the wages of farmers themselves, but the monthly deduction shall not exceed 20 per cent of the monthly salary of farmers. The remaining portion of the deduction is less than the local monthly minimum wage standard and is paid under the minimum wage.

Article 31 imposes a system of payment of wages to farmers in the area of construction. The construction enterprises that have failed to default on the wages of farmers must, prior to the start-up of construction work, pay the pay-for-feasing bonds to the designated banks in the labour security sector at the prescribed date; other user units that have failed to pay for the work of the farmers should be paid at the beginning of the year in accordance with the proportion of the total annual wage. The user unit is unable to pay the wages of the farmer at the time and is paid by the labour security sector from the pay bond.

The wage guarantee and its interest are owned by the construction company. After the completion of the work, unpaid arrears in the payment of the wages of farmers and their interest were left to the construction company.

The former Quartet agreement regime for construction works was introduced. Prior to construction work, the construction unit and construction units, the labour security sector, the local trade unions have signed a safety agreement on the payment of farmer wages and are shown on the construction site.

Article 32, the labour security sector should regularly monitor the payment of wages in the concentration industry for farmers, such as construction, processing, domestic services.

Article XXIII and the work of the farmers who are working with them shall participate in social insurance under the law and pay social insurance contributions as specified.

The labour sending organization dispatched farmer workers to the user unit, with the participation of labour-contributing organizations and peasant workers in social insurance in accordance with the relevant provisions of the labour- dispatched business registration location.

Article 34 should pay workers' insurance in full on time for farmers working in their labour relations. For farmers engaged in specific high-risk operations, the user units should conduct accidental injury insurance.

The user unit did not provide for the timely processing of work injury insurance for farmers and, when the work was injured, the user unit was paid in accordance with the provisions of the State Department's Work injury Insurance Regulations and the Modalities for the implementation of the insurance in the vast Province.

The construction, safe production control sector, prior to the issuance of construction permits and safe production permits, should indicate that the user unit should participate in the work injury insurance under the law.

Article 3XV shall pay the basic medical insurance expenses in full and on time, in accordance with the relevant provisions of the local people's Government. Farmer workers are not paying their fees and are not allowed to build their personal accounts, participate only in the integration of inpatient costs and receive the integrated treatment of basic health insurance during the period.

The health insurance agencies should simplify the procedures for the participation of farmers in the insurance system and should not be denied access to basic health insurance for farmers without having been involved in other types of social insurance at the local level.

Other rights and interests

Article 36 Governments concerned should make a number of channels available to improve the living conditions of farmers' workers, ensure that the farmer's place of residence is in accordance with basic health and safety conditions, and provide policy support to relevant housing projects such as the pooled farmer's collective accommodation. In a conditioned area, the owner unit and the farmers' workers can contribute to the housing stock for buying or renting their homes.

Article 337 provides residential places for the solicitation of farmers (including temporary workers) and should be in line with basic sanitation and safety conditions. In construction on-site meals, food security agreements should be concluded with feeders to guarantee food security; cooking directly on the construction site should be equipped with cooking, meal storage, poisoning, cleaning conditions.

Article 338 units should implement national labour safety health protocols and standards, and provide farmers with labour safety and sanitation supplies consistent with the State's provisions. Farmer workers have the right to refuse implementation, in violation of chapter command, strong ventures.

Employers' units should organize occupational health inspections in accordance with the State's provisions for pre-entry, duration and departure periods, and be held accountable under the law for the consequences of occupational diseases in this unit.

Article 39 does not humiliate, corporal punishment, beating, search and detention of farmer workers.

Article 40 should guarantee the right of farmers to participate in the law or to form trade union organizations.

The user units of farmers' workers should have an appropriate proportion of their workers representing the General Assembly or representatives of collective consultations.

Article 40. Farmers and urban workers have equal rights in terms of the evaluation of technical levels, job titles and promotion positions, selection of labour models or advanced producers.

Article 42, the right to equal access to compulsory education for children of age accompanying farmers' workers in their parents' work, and the school shall not be subject to discrimination. Specific management approaches are implemented in accordance with the relevant provisions of the province.

The relevant sectors of the Government should strengthen the prevention of diseases among farmers, integrate vaccinations of their children into local immunization programmes and conduct regular inspections of the concentration of farmers' workers, labour safety in residential places, labour and food security.

Article 44 provides legal assistance to farmers who apply for payment of labour and work injury.

Chapter VI Legal responsibility

Article 42 violates the legal rights of peasant workers in terms of labour contracts, wages payments, labour time, labour security, labour health, social insurance, and is governed by the law.

Article 46, in violation of this provision, severely violates the labour rights of peasants, resulting in serious social security incidents, punishable by law by public security authorities for the direct responsible person and the relevant holder;

Article 47 contains other acts in violation of this provision by the relevant executive branch in accordance with other laws, regulations and regulations.

Article 48, the executive branch with the responsibility for the management of the work of farmers and its staff have one of the following cases, which have resulted in a serious adverse social impact on cases involving peasant workers that have not been dealt with in a timely manner, and administrative disposition of the directly responsible person and the related head by the relevant authorities by law:

(i) Complaints that fall within the purview of this sector are inadmissible or subject to prequalification and delay;

(ii) To collect fees for the provision of public employment services to farmers;

(iii) Discriminatory provisions such as restrictions on employment for peasant workers in violation of the law;

(iv) There are other abuses of authority, provocative fraud, and sterilization.

Chapter VII

Article 49 employs workers in rural areas for enterprises that are located in the town of town where they are produced.

Article 50