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Heilongjiang Province, Rural Labour Transfer Approach

Original Language Title: 黑龙江省农村劳动力转移办法

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(Summit 7th ordinary meeting of the Government of the Blackang Province on 11 June 2008 to consider the adoption of the Decree No. 1 of 25 June 2008 of the People's Government Order No. 1 of the Blackon Province, which came into force on 1 August 2008)

Chapter I General
Article 1 promotes and guarantees the orderly transfer of rural labour to non-agricultural and urban areas (hereinafter referred to as rural labour transfers), increases the income of farmers, preserves the legitimate rights of peasant workers and promotes the harmonious development of rural and urban economies, in line with the relevant provisions of the State, and develops this approach in the light of actual provisions of the province.
Article 2
Article 3. Governments of more people at the district level should strengthen the leadership of the rural labour force transfer process by organizing the relevant sectors, in accordance with their respective responsibilities, for the transfer of the rural labour force.
The rural labour transfer authorities in provinces, municipalities (communes, districts) are specifically responsible for the organization, guidance, monitoring and service transfer of rural labour within this administrative area, and organize the implementation of this approach.
The Government of the commune (communes) hosts specific work on rural labour transfers.
Article IV. Rural labour transfer is guided by the principles of government promotion, social services, the voluntary integration of farmers, rural and urban integration and the right to human rights.
Article 5 Governments of the population at the district level should develop rural labour transfer plans in the administrative region and integrate them into national economic, social development and new rural construction planning.
Governments at all levels should include requirements for the transfer of the rural labour force in the current financial budget.
Article 6. Governments at all levels should expand rural labour transfer channels through the opening of domestic and foreign labour markets, the strengthening of small towns, the development of district-based economies, small and medium-sized enterprises and two, and three industries, and the introduction of rural labour markets for near-transfer, the expansion of employment opportunities for farmers and the promotion of land scales.
Article 7. Rural labour force transfer authorities at all levels should strengthen guidance and advocacy and enhance their market competition capacities.
Article 8. Governments at all levels should give incentives to units and individuals that have made a significant contribution to the transfer of the rural labour force; and give incentives to farmers who have made a significant contribution in rural and urban economies and social development.
Chapter II Training enabling
Article 9. The rural labour transfer administration authorities at all levels should play the role of relevant sectors and trade unions, gynaecologists, WCAs and various training institutions to develop and optimize the allocation of educational training resources by market demand.
Article 10. The rural labour force transfer training unit should be in line with the requirements of the State's training base for Sentinel Engineering and skills employment training, as well as the referral of administrative authorities to the provincial rural labour force.
Article 11. Rural labour force transfer training units should undertake non-agricultural vocational skills training, entrepreneurial training and legal ethics norms, safe production and occupational disease prevention, urban lifelong learning, in line with market demand, and strengthen rural labour mobility, business adaptation and entrepreneurial capacity.
In accordance with the preceding paragraph, the training of qualified and qualified rural workers in accordance with occupational skills identification conditions should be carried out by local vocational skills identification bodies, which are subject to the relevant provisions of the State and the province.
Article 12. The Government of the people at the district level should increase the input of the rural workforce transfer training funds and establish a funding mechanism for rural labour transfer, which is jointly assumed by Government financial support, user units and individuals.
The relevant functional sectors of the people at all levels should enhance the management and oversight of the use of training funds for the transfer of the rural workforce and ensure the effectiveness of the funds.
Article 13. Rural labour force entering the local people's Government should incorporate skills for raising the jobs of farmers into local vocational skills training schemes, encourage the establishment of a stable labour training base by human units and pre-employment skills training.
Article 14.
Farmers engaged in mining, construction and hazardous chemicals, flammable explosive, toxic hazardous items, etc., and operate, should be trained by a user unit for professional safety in the production of knowledge and vocational skills, subject to the relevant authorities' examination of qualifications; farmers engaged in special operating industries should also be allowed to take care.
Farmers do not bear the training costs set out in the preceding paragraphs.
Chapter III Transfer services
Article 15. Governments and relevant units at all levels should strengthen the construction of the rural labour force transfer services system, with the use of outdoor agencies, export bases or the commission of labour-related services and the expansion of labour exports abroad.
Article 16 of the rural labour force entered the local government in the areas of urban planning and town planning, the development of public policies, the construction of public utilities, and the need for long-term urban employment, and the need for the rural workers living in the country's public service system.
Article 17
Article 18 The Public Employment Presentation Agency should establish a special window in the service premises to provide free vocational representation, vocational guidance, job registration and counselling services for rural labour.
Occupational intermediaries and talent-sharing agencies offer paid employment services for rural labour forces, and charges and standards should be shown; public goods and services for public goods should be provided, and the Government of the people at the district level should grant subsidies in accordance with the provisions.
Article 19 Farmers have legally fixed residence and stable incomes in towns or cities below, and they should be granted to their families.
High-level technicians, technicians and other special skills or contributors in large cities should be granted priority to the farmers.
Article 20 of the Rural Labour Force shall assume the responsibility for compulsory education with farmers for their children, integrate them into local education development planning, include the budget for education, and receive children of young farmers of their age. Schools should be treated equally for farmers' children and urban students, and they should not be paid to farmers' children for crediting, sponsoring fees or other costs.
Governments at all levels can take advantage of the establishment of fellowships and encourage all sectors of society to contribute to school and ensure that the children of farmers who are economically disadvantaged are taught.
Article 21 Rural labour force entering local health administration authorities should integrate the immunization of farmers and their children into local immunization planning and strengthen prevention control, health education and disease surveillance of diseases affecting farmers and their children.
Article 2
The rural labour force enters the local population and the family planning administration and related services should be provided by law for the work of farmers in family planning and free of charge for basic project services and reproductive health services provided by the State.
Article 23. The rural labour force shall enter the local population and the relevant sectors, as well as the user units, in accordance with the relevant provisions of the State, to address industrial injury insurance for farmers and health insurance. Farmers may participate in new types of rural cooperation medical treatment at the household location. In the case of farmers who have no fixed-term labour contract with the user's units, no new rural cooperative medical treatment at the place of the household can participate in the basic health insurance of the urban workers in accordance with the standards and methods of payment for the workers in the place of employment and receive medical treatment equal to the urban workers.
The user unit should establish a basic old-age insurance relationship for its registered farmers' workers in accordance with the relevant provisions, paying their basic old-age premiums in full and on time to enable farmers to benefit from basic old-age insurance treatment equal to those employed in the town.
Article 24 Employment of peasant workers who have participated in social insurance in the hands of a person's unit, the former and the new user units should ensure that the social security relations and social insurance treatment of farmers are properly followed.
Article 25 Governments at all levels should establish, in accordance with the law, preferential policies to encourage farmers to return to their communes, encourage and support the return of farmers' self-enterprises and self-employed workers to their entrepreneurship, channelling funds, projects and talents, and provide for the establishment of an enabling fund for the return of farmers to their homes.
Financial institutions return to entrepreneurship for farmers' self-enterprise and self-employed workers, and should be granted, in accordance with the law, a period of time.
Chapter IV Protection of rights
Article 26 Rural labour force has equal labour rights with urban workers.
People's governments and user units at all levels should ensure equal employment rights for peasant workers, in accordance with the provisions of the Employment Promotion Act of the People's Republic of China, and eliminate discriminatory provisions in the areas of geographical, gender, wage standards and social security.
Farmers have equal opportunities for urban workers in the areas of safety and security, evaluation of technical duties, promotion, selection of labour models and advanced workers, and participation in the management of social affairs.
Article 27, occupational intermediaries and user units may not require farmers to provide security or otherwise collect property for farmers' workers without seizure of valid documents and other items such as identification of farmers' workers.
Article 28 should establish a written labour contract with farmers. The duration of the labour contract, content, the labour time of the work of farmers, rest leave, payment of compensation, dismissal of labour relations and the protection of the rights and interests of women farmers should be in accordance with the relevant laws, regulations, such as the Labour Code of the People's Republic of China, the Labour Contracts Act of the People's Republic of China and the State Department's Employer Remuneration Regulations.
The model text of the labour contract was encouraged to be used by the user unit with the work of farmers.
Article 29 of the executive authorities of the labour and social security at all levels should improve the day-to-day inspection system and the system of responsibilities, introduce a network of inspection methods, deal with violations of the rights of peasant workers in all types of units, do not enter into and perform labour contracts in accordance with the law, reject the payment of labour compensation for extended working hours, and violate the interests of farmers without paying social insurance.
Farmers are entitled to lodge complaints, reports to the competent labour and social security administration authorities; the labour and social security administrative authorities should have the right to defend the rights of peasant workers, the reporting system, and to receive and investigate complaints, reports and reports processed in a timely manner.
Article 33 shall guarantee, by law, the right of farmers to participate in trade unions and involve farmers in trade unions. Employers' representatives should be represented in the General Assembly or in collective consultations.
Trade unions at all levels should focus on labour contracts, labour wages, labour conditions and occupational safety, and promoters' units to fulfil their legal, regulatory obligations and protect the legitimate rights of farmers.
Article 31 protects the rights of farmers to contract land. Any organization and individual shall not be allowed to recover and adjust their contractors on the basis of the off-farm of the farmers.
Farmers displaced land by external workers should be contracted by land flow contracts to clarify their rights and obligations.
Article 32 Governments at all levels and their relevant sectors should provide easy and effective services for farmers to defuse the social contradictions of land disputes, labour disputes.
Farmers believe that their legitimate rights and interests are violated by law and are subject to legal conditions, and the competent organ must be admissible.
Article 33 Legal aid institutions do not review their economic hardship and simplify the relevant procedures by applying for the payment of legal aid for labour and work injury.
In cases of violations of the rights of peasant workers, the relevant units shall provide assistance in the investigation of evidence, access to the reproduction of archives, and the participation of farmers in arbitration, review, litigation, identification, etc.; in relation to the costs involved, they shall be exempted, collected or recovered according to the relevant provisions.
In article 34, farmers should strengthen the idea of the rule of law and learn to use laws to defend their legitimate rights and interests through legitimate channels.
Farmers should improve their quality, comply with occupational codes, social justice, public order and relevant laws, regulations, regulations, regulations and regulations, develop a science, civilization, healthy lifestyle and adapt to urban work and living requirements.
Farmers from external workers should assume the obligation of the villagers at the household level.
Chapter V Legal responsibility
Article 33 XV, in violation of this approach by an administrative body or agency, has one of the following acts, been corrected by its superior administrative body or by an inspection authority order; in serious or non-removable circumstances, by an organ exempting authority or inspectorate, to administratively dispose of the person responsible for direct responsibility under the law:
(i) Failure to fulfil their statutory responsibilities, resulting in the lack of protection of the legitimate rights and interests of farmers;
(ii) Execution of approval, fees, penalties, enforcement of administrative coercive measures in violation of the law or increased burden on farmers in violation of the law;
(iii) Expropriation and diversion of training funds for rural labour;
(iv) The illegal intervention of the owner's unit is autonomously used by the law;
(v) Other circumstances that should be taken administratively by law.
In violation of article 10 of this approach, the rural labour force transfer training unit is misleading the country's training base for “positive engineering” or deceasing training subsidies, which is not required to complete the training mandate, and the transfer of administrative authority from the rural labour force at the district level to remove its “serious engineering” training base, which will result in the recovery of the funding of training subsidies with the relevant sectors and, as appropriate, the accountability of the relevant organs.
Article 37, in violation of article 20, paragraph 1, of the scheme, provides for the payment of borrowing fees, sponsoring fees or other costs to farmers for their children, to be returned by the district-level executive authorities or price administrative authorities for the payment of the royalties, and shall be subject to administrative disposition by the dismissal of the authority or the inspection authority to the competent and other direct responsibilities directly responsible personnel directly responsible.
In violation of article 24, article 28, paragraph 1, and article 31, paragraph 1, of this scheme, the unit of the owner does not guarantee the reasonableness of the social security relations and social insurance treatment of peasant workers, the absence of a labour contract or contract signed by the peasant worker, the unlawful extension of the working hours of the farmer or the non-payment of work at the time of payment, the payment of compensation for the work of the farmer in full or the non-exclusive remuneration for the work of the labour union and the denial of the right of the farmers to participate in the trade union, and the punishment of the law by the district labour and social security administration authorities.
Article 39 of the Employment Intermediation Agency or a person's unit violates article 27 of this scheme by paying or seizures to farmers in the name of security or other name, by a deadline of responsibility of the labour and social security administration authorities for the return of peasant workers themselves and by fines of up to 2,000 dollars per person per person; seizure of valid documents such as a resident's identification card, by the competent labour and social security administration authorities for the period of time, and a fine of up to $200 million for each resident, in accordance with the relevant law. Liability should be assumed for loss of property or other damage to farmers' workers.
Farmers were dismissed or terminated by law, and the owner's units seized the farmer's industrial archives or other items, and punished in accordance with the preceding paragraph.
Article 40, in violation of article 31, paragraph 1, of the scheme, provides for the recovery, adaptation of land contracted by expatriate farmers and the intrusion of the proceeds of their land flow, to be handled by the relevant provisions of the Rural Land Contracting Act of the People's Republic of China.
Annex VI
Article 40
Article 42