Key Benefits:
(Summit 11th ordinary meeting of the People's Government of Shenung on 3 August 2006 to consider the adoption of Decree No. 59 of 19 August 2006 No. 59 of the People's Government Order No. 59 of 19 August 2006 on 1 October 2006) Chapter I General Article 1 guarantees the legitimate rights and interests of farmers to regulate the payment of their wages by farmers in the construction industry, in accordance with the relevant laws, regulations, such as the People's Republic of China Labour Code, the Labour Guarantee Monitoring Regulations, and in the light of the prevailing practice in this city. Article 2, this approach applies to construction units, construction enterprises and farmers working with labour relations within the city's administration. This approach refers to businesses engaged in the construction industry (hereinafter referred to as the enterprise), which undertakes construction, construction works, road pipeline equipment installation works, new construction, expansion and alteration activities. Article 3. The executive branch of labour security in the city and district, district (market) is responsible for overseeing the inspection of the wages paid by business farmers in this administrative area. Sectors and organizations such as construction, development reform, planning and land resources, finance, urban administration, administration of justice, trade unions, cooperate with the labour security administration in the regulation of the payment of farmer wages. Article IV. Enterprises should establish and improve the payment of wages for farmers, in accordance with the law, to guarantee the right to labour compensation for farmers' workers, and farmers should fulfil their labour tasks in accordance with contract agreements and adhere to labour discipline and professional ethics. Chapter II Article 5 Business must enter into labour contracts with farmers in accordance with the relevant provisions of the State and be carried out by law. The labour contract must use the standard text developed by the Labour Security Administration, two in one case, and one in both enterprises and farmers. Article 6. Enterprises must conduct business clearances within 20 days of start-up work. Article 7. For less than one month of work, businesses should pay the wages of farmers in full accordance with actual hours of work. Article 8. Article 9. Enterprises must pay wages directly to farmers themselves and not to grant them to other organizations and individuals, let alone organizations and individuals that are not eligible for work. Chapter III Oversight management Article 10. Construction units and enterprises shall pay the wages of farmers in accordance with the relevant provisions. Construction units and businesses should pay wages in accordance with the contract price of 1 per cent, within 10 working days of the date of the signing of the construction contract, to the designated accounts of the municipal government for the payment of the unpaid farmer's wages. Article 11. The construction unit must be confirmed by the Labour Security Administration in the process of completing the processing of the processing of the receipts. In enterprises that do not pay for the wages of peasants, the Labour Security Administration must return to the wages and interest paid by the business within seven working days. Article 12 Labour guarantees the executive branch and the establishment of an enterprise credit file. For businesses that have no arrears in the last two years and withhold the wages of farmers, the payment of wages is exempted. The labour security administration should provide regular briefings to the credit units. Article 13 provides for construction units and paid works, which should be given priority to pay for farmers' wages. Article 14. Construction units or engineering companies that are not subject to contract agreements to liquid works with enterprises, resulting in the loss of the wages of farmers by the construction unit or by the construction of the total contractor's first-time payment of the unpaid farmer work. Article 15. The engineering company subcontracts the works to organizations and individuals that do not have the qualifications of the subject matter of the work, and must assume the associated responsibility to pay the salaries of the farmers. Article 16 shall pay monthly wages to farmers and statements shall be made in accordance with the monthly labour security administration and the construction of administrative authorities, as well as in the construction work area, the payment of wages and the filing of complaints telephones. Article 17 Labour guarantees the executive branch should establish and improve the complaints reporting system to receive complaints from farmers. Any organization and individual found that the enterprise had one of the following cases and had the right to report to the labour security administration: (i) Enterprises do not enter into labour contracts in accordance with the law with farmers; (ii) No payment of wages as agreed; (iii) pay less than the local minimum wage; (iv) The enterprise does not deposit the salary security payments into the designated accounts; (v) Other acts that violate the right to pay for the work of farmers. Article 18 Complaints by the Labour Guarantees Administration for Farmers shall be investigated within three days. As a result of the wage payment of labour disputes, it may apply to the Labour Dispute Arbitration Commission for arbitration, which may be exempted from payment of arbitration fees. The decision of arbitration is not uniform and can be brought before the People's Court by law. Article 19 The administration of justice should provide legal assistance to the workers of the farmers who seek the wages, and the farmers' workers may be exempted from the payment of the royalties. Chapter IV Legal responsibility Article 20, in violation of article 5 of this approach, provides that enterprises do not enter into labour contracts with farmers, are converted by a labour guarantee executive order and may impose a fine on the user unit by the number of persons who have not signed a labour contract. Article 21, in violation of article 7 of this approach, stipulates that enterprises are in arrears and chewing the wages of their farmers, are charged by the labour security administration to pay their deadlines and are paid from their salary security payments, and are fined up to H$ 20000. The construction of administrative authorities may be restricted by law to their market access, tender qualifications and construction licences for new start-up projects. In violation of article 10 of this approach, construction units and enterprises do not implement the farmer wage security system, do not receive the relevant procedures, such as construction permits, in accordance with the provisions for the payment of wages to farmers. Article 23, in violation of article 16 of this approach, states that businesses do not pay the wages of peasants on the basis of a false monthly report, are not displayed by a warning by the Labour Security Administration that the period of time has been changed; and that the refusal is not rectified into the credit file. Article 24 rejects, impedes the executive branch's staff from carrying out their duties under the law or interferes with the worker's labour in accordance with the provisions of the Law on the Safety and Security of the People's Republic of China; and criminalizes by law. Article 25. Staff members of the executive organs play a role in the processing of the work project and in dealing with cases in which they are in arrears in the wages of their farmers, in the form of administrative disposal by the relevant departments; in the event of a serious offence, the criminal responsibility of the law. Chapter V Article 26 |
