Chongqing Administrative Measures For The Protection Of Migrant Workers ' Rights And Services

Original Language Title: 重庆市进城务工农民权益保护和服务管理办法

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(September 9, 2005, Chongqing Municipal People's Government at the 59th Executive meeting on September 13, 2005, Chongqing Municipal People's Government announced come into force on the date of promulgation, 186th) Chapter I General provisions article in order to protect the legitimate rights and interests of the migrant, and strengthen the services and management of migrant workers, according to the provisions of relevant State laws and regulations, combined with the city's actual, these measures are formulated.
    Article this way, the term migrant (hereinafter referred to as migrant workers), refers to the residence left the countryside to urban areas with rural household registration staff.
    Article within the administrative area of the city peasant-workers ' rights and interests protection, services and regulatory procedures apply. Fourth migrant workers ' rights protection, service and management shall adhere to fair treatment and reasonable guidance, principles of sound management, good service.
    Insist that the Government, employers and community organizations to manage, integrated services. Article fifth personal rights, property rights and other legitimate rights and interests of migrant workers are protected by law, human dignity respected.
    Migrant workers shall comply with laws, regulations, social ethics, social norms and public order.
    Led the sixth article of the municipal people's Government in the administrative area of migrant workers ' rights protection, services and management.
    Municipalities and counties (autonomous counties, and cities) people in rural development and management of labor within the institutions responsible for the administration of migrant workers ' rights protection, services and management, direction, coordination and supervision of the Organization of work.
    Municipalities and counties (autonomous counties, and cities) people's Government administrative departments concerned in accordance with their respective responsibilities and the rules to protect migrant workers ' rights, services and management.
    The town (town) people's Governments, neighborhood offices undertake the protection of migrant workers ' rights, services and management.
    Community organizations should help to protect migrant workers ' rights, services and management.
    Article rural labor transfer in Governments at all levels should be incorporated into the national economic and social development and population and employment planning and protection of migrant workers ' rights, services and management requirements are included in the budget at the same level. Eighth, relevant administrative departments of the people's Governments at all levels to urban economic development and migrant workers made great contribution in the construction of socialist spiritual civilization to give awards.
    On the protection of migrant workers ' rights, service and management units and individuals that have made outstanding contributions award.
    Chapter II work supporting the Nineth of municipal, district and County (County, City) rural service development and management institutions should be under transfer of rural surplus labor resources within their respective administrative areas information systems, training systems, system planning, and implementation.
    Article tenth of agricultural administrative departments shall, jointly with relevant departments to step up construction of rural surplus labor resource information collection system, according to the training resources to enhance skills and transfer of rural surplus labor output.
    11th people's Governments at various levels shall organize rural labor employment skills training and introductory training, arrange special funds for rural labor employment training.
    12th Government of domicile of migrant workers, the relevant administrative authorities and grass-roots organizations should improve the level of organization of rural laborers, opening up the labour market to collect publish service information, order training, redirected output.
    13th domicile of migrant workers stay working and the Government, the relevant administrative authorities and grass-roots organizations information and docking mechanisms should be established, labor cooperation, coordination of labor management, providing labor services, and legal advice and safeguard farmers ' legitimate rights and interests.
    14th to encourage and support colleges and secondary vocational schools and other vocational training institutions to make use of existing education and training resources, in accordance with the "independent recruitment, independent training, self-management and independent employment contact" principle, organize migrant workers ' vocational skills training.
    15th all enterprises, institutions, individual economic organizations, private non-enterprise units, State organs and social organizations (hereinafter referred to as the employer) should be carried out according to law for employing migrant workers work skills, basic knowledge of safety training.
    Engaged in mining, construction, hazardous chemicals, inflammable, explosive, toxic and hazardous materials in production, management of migrant workers professional knowledge training shall be approved by the employer, examination before the induction; engaging in special operations types of migrant workers, should also make special operator's license before they can post.
    The above-mentioned training costs borne by the employer. 16th farmer participants adhere to the voluntary principle, Government subsidies for farmers to participate in training.
    Subsidies and the specific measures in accordance with the relevant provisions of the State and this municipality. Article 17th and encourages farmers to voluntarily participate in vocational skill appraisal.
    Professional skill appraisal fee levied.
    18th no unit or individual may use training and professional skills identification to illegal migrant workers free of charge.
    19th public employment agencies should set up a special window at the service site, provide migrant workers with free employment agencies, vocational guidance, job registration, and consulting services.
    Reimbursement for the services provided by employment agencies and personnel exchanges, and standard fees and charges should be publicized.
    Article 20th an employer who employs the migrant workers shall not violate the provisions of the migrant workers receive or collect mortgage payments, mortgage in disguise, margin and other unreasonable charges and items may not be seized personal documents such as identity card, residence permit, diploma. 21st Government encourages the development of recruiting migrant workers as the main object of service companies and to give policy support.
    Specific measures shall be formulated separately. Chapter III article 22nd of protecting the rights of migrant workers shall enjoy the People's Republic of China labor law and other laws and regulations of the relevant rights.
    The employer shall independently employ migrant workers, no discriminatory restrictions on types of migrant workers. 23rd migrant workers shall have the right to join a trade union organization.
    Trade unions at all levels should uphold the legitimate rights and interests of migrant workers, and supervision of the employer. Article 24th domicile of migrant workers the Government, the relevant administrative authorities and grass-roots organizations in rural areas, shall safeguard farmers ' land contract relations.
    Support and encourage the voluntary and lawful transfer of land contract management right of migrant workers.
    Rural collective economic organizations shall not violate the laws and regulations to recover the right to land contractual management of migrant workers. 25th the employer since the date of hire migrant workers, and the formation of its labor relations.
    Employer and the migrant worker employment relationship shall conclude written labor contracts, and migrant workers arrival 15th local employment service labor management agencies within the record.
    Employers and migrant workers signed labor contracts shall include the following elements: (a) the term of the labor contract, (ii) content and hours of work, (iii) labour protection and working conditions, (iv) standard and payment of labour remuneration; (v) labour discipline; (f) the conditions for termination of the labor contract, (VII) liability for breach of contract.
    The employer and the enterprise trade union or trade union representatives have signed collective contracts, migrant workers and the rights and obligations of the performance of the collective contract.
    26th the employer shall, in accordance with laws and regulations and stipulated in the labor contract, in monetary terms at least once a month make full remuneration paid directly to farmers the cost of people shall not be deducted and arrears for no reason, and shall not be less than the local minimum wage.
    Employers and migrant workers because there is no agreed upon wage dispute, the employer shall, in accordance with this unit on the same type of standard average wage of fully employed staff remunerations. 27th the employing unit shall not be unlawful extension of the migrant workers ' working hours or increase in intensity.
    Employer due to production needs migrant workers to work longer hours or day of rest, the holiday arrangements of migrant work should be in accordance with the provisions of the labor and social security laws and regulations to pay remuneration.
    28th construction, labor and social security, and other relevant departments shall, in accordance with the relevant regulations, building credit system, enterprises in the field of labor and social security system, the wages for rural migrant workers protection fund system. 29th an employing unit shall for formation of labor relations of migrant workers with work-related injury insurance fall within the scope of social insurance of peasant workers, the employer shall, for the relevant social insurance and public insurance.
    Employer fails to comply with the requirements to participate in work-related injury insurance for migrant workers for damage caused, shall assume the liability.
    Construction enterprises shall provide migrant workers engaged in hazardous jobs in construction site accident insurance, accident insurance fee paid by the contractor.
    30th the employing unit shall, in accordance with the relevant laws and regulations, national standards or industry requirements, providing migrant workers with the necessary safety conditions, conditions of labour protection and occupational-disease-prevention measures; engaging in dangerous trades, possible occupational diseases should be the signing of labor contracts to farmers before writing. 31st stay of migrant workers legal aid agencies should provide legal assistance to eligible migrant workers.
    Providing legal assistance to migrant worker cases, related departments in the legal investigation into the evidence, access to information, participation, identification and other aspects of arbitration should actively cooperate with sustained relief received under the relevant costs. Migrant worker complaint cases of labor disputes, arbitration of labor disputes should be dealt with promptly and impartially.
    The employer owed remuneration or treatment of injuries caused by the labor dispute arbitration cases, exemption or defer cost farmers should bear the costs of arbitration. After the fourth chapter 32nd migrant management services should be on 10th to household registration authorities for migrant workers to stay in residence registration, certification for floating population's dwelling.
    The floating population of migrant workers a residence permit is valid for 5 years, to introduce annual filing system.
    The city residence permit of the floating population of migrant workers, across the County, within the city limits (autonomous counties, and cities) of the migrant, and no new certification for floating population's dwelling, but migrant workers stay in the 10th the household registration organ for the record. Registration authority for residence registration and filing of the floating population of migrant workers free of charge, handling migrant residence permits only charge a fee.

    33rd article made floating live card of farmers workers in city enjoys following right: (a) meet provides conditions of children Sentinel entrance; (ii) children free vaccination national and I city immune planning of vaccine; (three) in public career introduced service institutions free job registration; (four) in public career introduced service institutions free employment Advisory; (five) this approach 31st article provides of legal assistance and labor dispute arbitration costs offers; (six) city and district (autonomous, and city) Government provides of other right.
    Article 34th employer shall strengthen the management of services to migrant workers, establish migrant worker file, file shall contain the name, gender, age, social security number, work residency permit number, residence address, migrant workers temporary residence address, job, marriage information, and report to the local town or street for the record.
    Flexible migrant worker without permanent employers, their files from work temporarily to town or street is responsible for the establishment. 35th constant using a flexible employer use of migrant workers migrant workers should be relatively fixed, may apply to the labour service companies to hire or direct hire.
    The direct employment of migrant workers, should strengthen their organization, management and education.
    Article 36th airports, railway stations, bus stations, ports, markets and other flexible sites that are primarily migrant workers, its management should strengthen the management of peasant workers, organizations guide the orderly working of migrant workers.
    37th employers for migrant workers to provide food should conform to national safety standards and health conditions. Provided by the employer or other entity or individual rented to migrant workers ' housing, shall conform to the national and city housing, security, fire, health, municipal services, environmental protection and management requirements.
    Prohibition of the dangerous, illegal building, above the permitted time limit of temporary buildings or rented to migrant workers live. Encourage special economic apartments rented to migrant workers living.
    Relevant departments to establish economic apartments, should give some preferential policies and credit-related expenses, on the use of water and natural gas, in civilian terms charges.
    Article 38th migrant workers stay area counties (autonomous counties and municipalities) people's Governments and relevant competent administrative departments service management of migrant workers should be included in the scope of functions.
    Community organizations should assist the relevant departments and town government, neighborhood offices to do the training, education, public security, fire safety, family planning, maternal and child health care, epidemic prevention, legal services, legal aid, housing rentals, job search and employment information provided free consulting services.
    39th rural service development and management bodies found by other competent administrative departments should be investigated against the violations of migrant workers ' legitimate rights and interests, should ask the relevant administrative authorities to investigate and punish relevant administrative authorities of failing to investigate, rural labor and development institutions shall report to the people's Government at the, be ordered by the Government to investigate and punish. 40th labor and social security administrative departments of labor security supervision should be strengthened to work, receive reports and complaints from migrant workers in a timely manner.
    Employers violated labor safeguards the legitimate rights and interests of migrant workers, labor and social security administrative departments of labor security in conjunction with enterprise credit system construction, recorded and released to public employer violations in accordance with law.
    41st migrant workers stay area counties (autonomous counties, and cities) the administrative departments for public health shall law on migrant workers stay in the region operating units to carry out regular security checks of food hygiene in food production to ensure food hygiene and safety of migrant workers; well done according to law on peasant workers ' health education and children free immunization.
    42nd migrant workers stay area counties (autonomous counties, and cities) population and family planning administrative departments should migrant worker family planning work according to law, holding a marriage certificate of the floating population's reproductive age population provided free contraceptives and family planning services, free family planning couples of childbearing age as prescribed by the State family planning technical services project of reproductive health services. 43rd migrant workers stay area counties (autonomous counties and municipalities) people's Governments shall protect the eligible children of migrant workers to receive compulsory education.
    Specific conditions determined by the counties (autonomous counties, and cities) of the people's Government.
    Educational administrative departments shall designate schools receive eligible children of migrant workers, designated schools for area school children shall not charge jiedu fees, sponsorship, provisions shall not be in violation of the State and the city to charge other fees.
    For families with financial difficulties of migrant workers ' children enrolled in compulsory education schools, attend to the case where the competent administrative departments of people's Governments and their education, cuts expenses.
    Schools should guide teachers and students respect for migrant workers ' children and education students, students of discrimination against children of migrant workers, to criticism or deal with in a timely manner.
    44th public security organs should strengthen migrants living in security management to prevent and crack down on all illegal and criminal activities, maintenance of normal social order. 45th city and the employer's public facilities, public cultural and sports facilities and sites should be open to migrant workers.
    For migrant workers ' organizations are encouraged to undertake various forms of cultural and recreational activities. 46th town, neighborhood offices, community organizations should be persuasion and help migrant workers return home with no work and life skills.
    The town administration of public relief for vagrants and beggars living unfunded measures for migrant workers, the Department of civil administration in accordance with law help.
    Fifth chapter legal responsibility 47th article administrative organ and staff violation this approach, has following behavior one of of, by superior Government, and about administrative competent sector or monitored organ give administrative sanctions; constitute crime of, law held criminal: (a) intervention employing units law independent using farmers workers of; (ii) to farmers workers illegal charged costs of; (three) not perform duties led farmers workers lawful rights and interests of by damage of; (four) against farmers workers personal and property right of.
    48th disobey article 15th, 17th, 18th and 43rd to the migrant worker fees specified in the second paragraph, by price administrative department or relevant administrative departments be dealt with according to law.
    49th in violation of the provisions of the second paragraph of article 19th, the price administration authorities shall order rectification, confiscate the illegal income, and may be fined a maximum of 5000 Yuan.
    50th article employing units violation this approach 20th article provides to farmers workers charged or disguised charged deposit, and mortgage real, and margin and he not reasonable costs and items of, by labor guarantees administrative competent sector or personnel administrative competent sector by duties Division ordered returned, and at 5000 Yuan following fine; on detained identity card, and live card, and diploma, personal documents of, by police organ ordered returned, and can sentenced each detained a documents 200 yuan of fine.
    51st the employer in violation of the rules, with migrant workers to establish labor relations law, the conclusion of labour contracts or after the expiration of the labor contract renewal does not renew the contract of labor relations, by the labour and social security administrative departments or personnel of administrative departments and the duties a rectification, it fails, and fined 5000 Yuan fine.
    The article 25th of this approach provides that the employer fails to sign labor contracts or enter into labor contracts are not required to record of employment service authorities, and by the labor and social security administrative departments or personnel of administrative departments and the duties a rectification, it fails, and fined 2000 Yuan fine.
    52nd employers violating the provisions of article 29th, dealt with by the relevant administrative department in accordance with the relevant laws and regulations.
    53rd disobey 37th article, providing accommodation to the migrant worker does not meet the provisions of the land for housing, public security, health, municipal services, environmental protection and other related duties in accordance with law for the executive authorities to deal with it.
    54th article employing units has following behavior one of of, by labor guarantees administrative sector or personnel administrative competent sector by duties Division respectively ordered deadline paid farmers workers of wage paid, and wage below local minimum wage standard of difference or lifted labor contract of economic compensation; late not paid of, ordered employing units according to meet amount 50% above 1 time times following of standard calculation, to farmers workers added pay compensation Gold: (a) deduction or for no reason arrears agricultural migrant workers wage paid of;
    (B) refuses to pay migrant workers work longer hours pay, (iii) payment of migrant workers ' wages below the local minimum wage and (iv) termination of labor contract shall be given financial compensation of migrant workers. 55th article employing units violation about legal, and regulations, and regulations of provides, has following behavior one of of, by about administrative competent sector or organization in accordance with related legal, and regulations, and regulations be punishment, constitute crime of, law held criminal: (a) not according to provides paid about social premium of; (ii) block farmers workers law participate in unions of; (three) not to farmers workers provides required of production security conditions and labour protection conditions and the occupational control measures of; (four) to violence, and
    Intimidation or illegal restriction of personal freedom, to force migrant workers labor; (v) humiliation, corporal punishment, beatings, illegal searches or detention of migrant workers; (vi) did not make the necessary safety training.
    The sixth chapter supplementary articles article 56th farmers working in enterprises outside the city, their rights, services and management in the light of the measures.
                                                                                                                                57th these measures come into force on the date of promulgation.