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Yunnan Province Peasant Laborer Wage Payment Guarantee

Original Language Title: 云南省农民工工资支付保障规定

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Safeguards for the payment of wages for farmers in Yangan province

(Adopted at the 54th ordinary meeting of the Government of the Republic of Yumnang on 25 March 2011, No. 166 of the Order of the People's Government of Yumnang on 31 March 2011, published as from 1 May 2011)

Article 1 regulates the payment of wages by farmers and protects the legitimate rights and interests of their workers in the payment of their labour, in accordance with the laws, regulations and national provisions such as the Labour Code of the People's Republic of China, the Labour Contracts Act of the People's Republic of China, the Labour Guarantee Monitoring Regulations.

Article 2, Construction units within the province's executive area, such as businesses, individual economic organizations, non-commercial units (hereinafter referred to as an owner unit) and farmers working with labour relations.

They are implemented in accordance with this provision by State organs, utilities, social groups and farmers working with labour relations.

Users' units and other workers with which they establish labour relations are implemented in accordance with this provision.

Article 3. The Government of the people at the district level should strengthen its leadership in the payment of wages for farmers in the present administration, establish a joint mechanism for the sound work of farmers and the mechanisms for the payment of wages for farmers, and organize coordination of work guarantees for the payment of wages for farmers in the relevant sectors.

More than the people at the district level should be recognized and rewarded by units and individuals that have made a significant difference in the payment of wages to farmers.

Article 4

The human resources security sector is responsible for overseeing the safety of the wages paid by farmers.

The housing urban and rural construction sector, in collaboration with the relevant sectors, is responsible for the payment of food security for farmers working in the construction sector.

The sectors such as development reform, finance, business, transport, railway, water and electricity are responsible for the payment of the food security for the farmers concerned within their respective responsibilities.

The executive branch is responsible for guiding the legal services and legal aid institutions to provide legal services and legal assistance to farmers who are in arrears or pay.

The public security authorities are responsible for the timely and appropriate handling of social security incidents arising from arrears or chewings, evading payments or ability to pay for the wages of farmers.

The inspectorate is responsible for carrying out inspection of the duties of the farmer's wage payment for other personnel appointed by the executive branch and its civil service and administrative authorities.

Trade unions are governed by law by the legitimate rights and interests of peasant workers to receive their labour in full and on time, and are subject to supervision of matters relating to the labour pay of farmers.

Article 5. The payment criteria, time payments, payment patterns and other wage payments agreed by both parties should be clear when the owner units enter into a labour contract with the farmers. The payment rate shall not be lower than the local minimum wage standards approved by the Government of the province.

The user unit should pay the wages of farmers in full and on time, in accordance with the agreement of the labour contract. The pay date is paid for holidays or rest days, and the user unit shall pay the salary at the statutory holiday or at the rest. Salary pay breaks are payable across spring, and the user unit should be closed and paid to pay for wages and other labour payments before breaks.

The owner's unit and the farmers' workers shall be removed or terminated by law and shall pay, within seven working days, the wages and related costs to the date of the dissolution or termination of their work.

Article 6. Farmers' wages should be paid in a statutory currency.

The user unit shall not pay the wages of farmers in kind or in the form of price securities, nor shall the farmer work be required to pay the wages in the designated place or in a designated manner.

Article 7. Payments by a user unit for the work of the farmers shall be made in the form of a real pay payment form, such as real recording of the payment unit, payment of time, payment of detailed projects and amounts, deduction of items and amounts.

The salary payment schedule is maintained for more than two years. Farmers have the right to search for their salary payment records, and the user units should provide information to the searcher in a timely manner.

Article 8. The construction field unit shall, prior to the construction of a construction licence by the construction unit, open a dedicated farmer wage reserve account at the construction facility's bank or the construction authority, which shall deposit the construction unit with less than 10 per cent of the funds paid in accordance with the contract agreement and make a written commitment to the bank's funds in the accounts only to cover the wages of farmers and shall not be diverted. Banks are responsible for conducting inspections and inspections on the use of funds in the wage reserve accounts.

After the construction of a labour contract with the farmers' workers, the condition should be given to the start-up bank of the farmer wage reserve account to conduct personal wage accounts for farmers working for more than three months of the duration of the labour contract and to grant a payment agreement with the bank to pay the farmer's work on a monthly basis.

The specific management approach to the farmer work wage reserve is developed by the provincial human resources security sector with the provincial housing sector and the People's Bank.

The above-mentioned human resources social security sector at the district level should open a dedicated farmer wage bond account in their host banks and oversee management. Farmers pay bonds are specifically designed to cover the wages of the farmers who have been in arrears or have been vested.

Article 10. The construction unit shall, prior to the construction licence, enter into a pay bond in accordance with the 3 per cent of the construction contract agreed engineering budget budget to the construction project's farmer pay bond account. The construction work period is more than one year, which can be secured by 3 per cent of the annual engineering budget.

The construction unit did not have any arrears in the amount of work due to arrears or to the taking of the farmer's wages for a period of one year from the date of the deposit of the pay bond, which was certified by the human resources social security sector for the sub-payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the salary.

Article 11. The construction unit shall, in the course of the construction licence or the start-up of the reporting process, submit a certificate of the employer's salary reserve for the farmer's workers in the area of the bank's voucher and construction. In the absence of a request, construction authorities in rural and urban areas, development reforms, transport, railways, water and electricity may not grant construction permits without approval of the start-up report.

In addition to the legal responsibility for non-builders in the area of non-building in which they had incurred arrears or chewings of the farmer's work wages, the security sector was responsible for ensuring payment of wages to local farmers within five working days in accordance with the total monthly salary of all farmers in this unit, which had been paid to the local Farmers in excess of 2 years or to the Kands' wages.

Article 13 of the Convention on the Elimination of All Forms of Discrimination against Women

Article 14. The construction area project has been completed through the receipt and clearance and full payment of farmer work wages, and the non-builders' units in the area of construction did not recur their arrears within one year after the payment of the farmer's pay bond, construction units or the use of a person's unit to obtain payment to the bank the payment of the payment of wages.

Article 15. Specific management options for the payment of wages for farmers are developed by the Ministry of Human Resources Security in the province, in conjunction with sectors such as provincial finance and the People's Bank.

Article 16 states (markets) and the people's governments (markets, zones) should establish emergency swing capitals in this administrative region in accordance with the realities. In cases where a person's unit is in a position to pay, to avoid payment of the farmer's work wages may trigger a group-specific incident, the emergency swing money is being used in a timely manner, paying the farmer's wages owed by the agent's unit.

Emergency swing-in payments for farmers' wages should be paid in accordance with the law.

Article 17

As a result of the breach of the provisions of the construction of a total contractor, the construction of a engineering package, the subcontracting of units or individuals that do not have a qualifications or the chewing of the farmer's wages is owed by the construction of a joint responsibility for the payment of the salary of the farmers who have been in arrears or have been vested.

The human resources social security sector should conduct a review with the development reform, finance, business, housing and rural-urban construction, transport, railway, water, electricity, etc., and public safety, inspection bodies and trade unions to strengthen the monitoring of the payment of wages for farmers and to make public information, such as telephony, website, to receive reports and complaints of arrears or the deduction of the wages of farmers.

Any organization or person has the right to report on the arrears or the chewing of the farmer's work wages, and the farmers consider that the user unit is in arrears or the right to pay, and the human security sector should verify the treatment in a timely manner or be processed with the relevant authorities.

Article 19 Departments such as human resources security, development reform, housing urban and rural construction should include major arrears or chewings of farmer workers' wages as negative credit units, credit files, restrictions on their market access, tender qualifications and construction licences through the media to society. Specific approaches have been developed by the provincial human resources security sector with the provincial development reforms, housing rural and urban construction.

Article 20 Human resources social security services should focus on pay payments by the relevant authorities for the comparative concentration and arrears of the work of farmers or for the payment of wages for farmers, the establishment of early warning mechanisms, the identification of arrears or chewings, the avoidance of payments or the ability to pay for the wages of the farmers, and the timely implementation of labour security inspections, and the timely notification to the public security authorities of possible social security incidents, and the public safety authorities should be promptly checked.

Article 21, in violation of the provisions of the Labour Law of the People's Republic of China, the Labour Contracts Act of the People's Republic of China, the Labour Guarantees Monitoring Regulations and the relevant wage payments, is governed by law by the human resources social security sector, which constitutes an offence and is criminally criminalized by law.

Sectors and trade unions, such as human resources social security, as well as legal services and legal aid institutions, can support and assist farmers who are in arrears or who have been paid their wages to apply to the People's Court.

Article 22 Construction units or non-builders' units violate this provision, which have not been deposited with the Farmers Work Guarantee account within the prescribed time period, to supplement the payment of wages for farmers, are converted by the human resources social security sector due to the period of time that has not been converted to the payment of 1 per cent additional works or to the payment of a lump sum of one month's wages, and the refusal to correct or to comply with the payment of the additional wage guarantees, which is punishable under article 33 of the Labour Guarantees Monitoring Regulations.

In the area of construction, in violation of this provision, the construction of a user unit does not precede or suffice for the retention of a farmer's wage reserve, which is rectified by the human resources social security sector; and the denial of correction, which is punished in accordance with article 30 of the Labour Safety Monitoring Regulations.

In violation of this provision, the executive branch and its staff have one of the following conditions in the work of the farmers' wage security, which is being restructured by their superior administrative organs or by the inspection body, administrative accountability is exercised by the inspectorate and the legal disposition of the direct responsible supervisors and other direct responsibilities; which constitutes a crime and is criminally liable by law:

(i) A construction licence or approval of a report on the construction of construction works that are not in compliance with Article 11 of this provision;

(ii) Including serious group events due to the Government's arrears in investment construction works, resulting in arrears or the chewing of farmer work wages;

(iii) Non-compliance with the responsibility to monitor management under the law or with inadequate supervision, resulting in serious consequences;

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

Article 24 of this provision refers to workers who are registered by their families in rural areas and in partnership with the user unit.

The construction area referred to in this provision refers to industries engaged in construction, construction, expansion, alteration, etc. in construction works such as construction, transport, railway, water, electricity, etc., and to other industries other than the above-mentioned industry engaged in manufacturing, processing, extracting, sanitation, home and catering.

This provision refers to the construction of a total contractor in the field of construction, construction of a contractor, a professional contractor enterprise, a labour subcontractor, a labour-producer unit, and a unit of an owner in the area of non-building, which refers to the establishment of labour-related units with farmers in the area of construction.

Article 25