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Jiangsu Province Peasant Laborer Rights And Interests Protection

Original Language Title: 江苏省农民工权益保护办法

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(The 2nd ordinary meeting of the People's Government of Southern Sudan, held on 29 February 2008, considered the adoption of Decree No. 42 of 20 March 2008 of the People's Government Order No. 42 of 20 March 2008, which came into force on 1 May 2008)

Chapter I General
In order to strengthen public services for farmers, protect the legitimate rights and interests of peasant workers, promote economic development and social harmony, and develop this approach in line with the relevant laws, regulations, such as the People's Republic of China Labour Act, the People's Republic of China Labour Contracts Act.
Article 2 refers to the work of peasants, who are employed in the town and in the town.
Article 3. Governments at the local level should uphold the principle of fair treatment, enhanced services, improved management, reasonable orientation, establish policy systems and enforcement oversight mechanisms that guarantee the legitimate rights and interests of farmers, establish rural and urban public services systems and systems that benefit farmers and their accompanying spouses, children's employment, education, health, etc. in local public services and management.
Article IV works in the areas of labour and social security, construction, public safety, education, health, finance, safe production monitoring, population and family planning, and the administration of justice, in accordance with their respective responsibilities, for the maintenance of the services, management and rights of farmers.
Farmers consider that their legitimate rights and interests are infringed and have the right to complain to the sectors listed in the preceding paragraph, which should be dealt with in a timely manner without delay, inferral. Farmers should be informed of the specific reception sectors that are not covered by this sector.
Organizations such as trade unions, WCAs, etc. defend the legitimate rights and interests of farmers within their responsibilities.
No unit or individual may violate the physical, human dignity and labour rights of peasant workers and shall not establish and organize any discriminatory provisions, measures and unreasonable restrictions on the work of farmers.
Chapter II Employment services
Article 6. The Government of the people at the local level should organize training in rural labour force transfer skills, security skills training and orientation, and arrange specific funding in fiscal spending to support rural workforce employment skills and safety skills training, develop and implement incentives, incentives and subsidies to train employment.
Article 7. The executive branch of labour and social security (hereinafter referred to as the executive branch of labour security) and the relevant administrative authorities should strengthen the construction of labour-exporting institutions and information networks to provide timely and accurate information services to farmers' workers; coordinate the work of organizations that are developing labour-exporting jobs and increase the organizationalization of labour-exporting.
Article 8. Public employment services should provide free employment information, policy advice, vocational guidance and vocational representation services for farmers.
Other occupational groups provide free vocational presentations for farmers and receive subsidies in accordance with the relevant provisions of the State and the province.
Article 9. The relevant administrative authorities, such as safety and production supervision, and health, are legally competent to produce safety and disease prevention for farmers. The health sector should integrate the immunization of farmers into local immunization planning.
The population and the family planning sector should provide free access to basic family planning techniques for farmers.
Article 10 Governments of the people at the local level and their education administration should guarantee the right to compulsory education for their children in accordance with the law.
The Government of the Farmers in the place of employment and its education administration should take a variety of forms in accordance with the principle of “in-country government responsible for inhaling schools”.
Farmers' children are taught at full-time primary schools in farmer employment sites, and should be treated equally with local students in terms of admission, fee standards and education teaching management, and no other costs are incurred in violation of national and present province provisions.
Farmers returned to their naturalization, and the Government of the people of their families and their education administrations should arrange for local public schools to receive them, and schools shall not collect costs other than national provisions.
Article 11. Labour disputed cases of labour disputes by labour disputed arbitration bodies against farmers should be expedited, timely decisions, involving labour compensation, insurance treatment, and priority.
Legal aid institutions should provide timely legal assistance to eligible farmers to guarantee their legitimate rights and interests.
Chapter III
Article 12. The distribution of wages by a person's unit should be guided by the principle of distribution and equal pay for work of equal value; the payment of wages should be guided by the principle of good credit and paid in full currency on time.
In addition to the introduction of hours, days and weeks of wage units, other user units should pay monthly wages to farmers. The user unit shall not deduct or default on the wages of the farmers. The wages should be paid to farmers themselves and the wage list is also available.
The payment of the wages of peasant workers by a user unit shall not be lower than the local minimum wage.
Article 13 establishes a system for the payment of wages for farmers and a focus control system for wages.
The Farmer Work Guarantee Scheme is specified and implemented by the Provincial Labour Guarantee Administration with the relevant sectors such as finance, construction.
In the area of construction and the concentration of farmer workers, the labour paying manual system was introduced, with a focus on pay payments.
The construction unit should make payments in a timely manner in accordance with the contract agreement. The construction funds were not implemented and the authorities concerned did not grant a nuclear construction licence and did not approve the start-up report.
Article 14.
The labour sending organization dispatched farmer workers to work units, with labour-contributing organizations and peasant workers participating in social insurance in accordance with the relevant provisions of the social insurance at the place of the labour-contributing organization.
Article 15. The Social Insurance Agency of the Labour Guarantees Administration shall, in accordance with the relevant provisions of the State and the province, promptly maintain and transfer procedures for the processing of social insurance relations for farmers' workers without denying the social security relations of the farmer in all name. For non-resident farmers who are unable to transfer and continue social insurance relations, a one-time payment of their personal accounts can be made to themselves and termination of social insurance relations.
Article 16 provides that the user unit shall, in a timely manner, pay the worker injury insurance in full for all farmers in the unit.
Construction of engineering enterprises, mined enterprises, as well as those engaged in road and water transport, marine fishing and breeding, high-coordinated operations, hazardous chemicals production, cigarbs and civilian explosive devices, can operate accidental injury insurance for farmers operating hazardous operations on the construction site on the basis of participation in work injury insurance.
Sectors such as safe production supervision, construction should involve user units in work injury insurance and in the safe production of education for farmers, training qualifications as a necessary condition for the issuance of the Safe Productive Permit. A licence for safe production is not granted to the user units that do not participate in the injury insurance, which are interrupted after the insurance or paid less.
Article 17 In conjunction with the basic health insurance, the health insurance fee is paid by the user unit and by the individual according to the provisions; in the case of the medical insurance or inpatient health insurance, which is paid mainly by the user unit.
Article 18 Farmers were injured for work or suffered from occupational illnesses, and the user units should take measures to ensure that the injured farmers were treated in a timely manner and to apply for work injury to the labour security administration in accordance with the provisions.
The user unit did not participate in the work injury insurance, and the farmers were injured by the user's unit to pay the costs in accordance with the work injury insurance projects and standards set out in the Work injury Insurance Regulations. Farmers who are eligible for regular work injury insurance treatment, as well as for raising relatives who have died of work, can receive regular insurance treatment on a voluntary basis and terminate labour relations and work injury insurance relations with the user units.
Article 19 Employees' units and farmers' workers receive unemployment insurance in accordance with the provisions of unemployment insurance payments.
Other rights and interests in chapter IV
Article 20 should comply with the provisions of the law, regulations and methods, establish and improve the regulations and guarantee the legitimate rights and interests of farmers.
Article 21, the rights of the owner's unit to own the use of the farmer's work under the law and no unit shall intervene.
The use of farmer workers by a user unit shall not be in violation of the provisions for the collection of bonds, mortgages and other unjustifiable costs for farmers' workers without seizure of their personal documents.
The user units should refrain from employing undocumented persons and distributing unknown persons if they are actually collected, registered with the names of the farmers working in their labour relations, citizenship numbers, residence sites, etc.
Article 2 The conclusion of labour contracts should be guided by the principle of equality of voluntary and consensual.
Labour dispatched organizations to send farmer workers to work units, with the establishment of a written labour contract with farmers' workers, the establishment of a roster of employees and the fulfilment of the obligation to report to the Labour Guarantee Administration on the establishment, removal and termination of labour contracts in writing.
Employers have entered into collective contracts with their workers, and farmers have the rights under collective contracts and fulfil their obligations under collective contracts.
Article 23 should provide the necessary safe production facilities and labour protection conditions for farmers, in accordance with national standards and industry requirements, and provide work and living environments consistent with national occupational health standards and health requirements, and improve relevant safeguards.
The user units should use effective occupational disease protection facilities, as required by occupational disease control, to provide occupational disease protection supplies and occupational health care for farmers and to implement the daily monitoring of occupational diseases at the workplace.
Article 24 should develop training programmes for farmers in their jobs and organize their implementation, with a specific provision for the collection of training fees for workers' education. The user units that do not fulfil the training obligations are used to train the necessary jobs for government and industry organizations, in accordance with the State's provisions for mandatory recruitment of training fees for workers.
The productive units, such as coal, non-alkali, hazardous chemicals, cigarbs, construction, should provide mandatory safety training for farmers. Farmers working in special operations, with specialized training in safety operations and obtaining the State-mandated special operating qualification certificates, may be placed on the ground.
No unit is prohibited to train farmers to collect fees illegally. Farmers who do not carry out vocational skills training may not be removed from labour contracts on the basis that they cannot afford to work.
Article 25 Users may generally not extend the working hours of their farmers, confirming that the work of their farmers is required for the production of their jobs or for the rest day, leave days should be carried out in accordance with the statutory procedures and pay overtime or rescheduled in accordance with the law.
Chapter V
Article 26 Governments of the people at the local level and their relevant sectors should perform their duties seriously, strengthen monitoring and investigate in a timely manner violations against the legitimate rights and interests of farmers.
The sectors such as labour security, public safety, business administration, personnel and education should be strengthened in order to increase cooperation in the clean-up of human resources markets, with a focus on combating various criminal activities in the area of occupational presentations and to prohibit all illegal occupational intermediaries by law.
Article 27 should be strengthened by law by the Labour Security Administration to detect violations of the legitimate rights and interests of peasant workers by a person's unit, which should be documented in the integrity files of the owner's unit, and in the case of a serious social publication.
Article 28 concerning the management of the mobile population by the executive authorities should develop service measures for the employment of farmers without discrimination against farmers.
The people of the farmer's workplace and the relevant administrative authorities need to be informed of information on the status of peasant workers, the education of their children and the status of matrimonial care, and the people of the farmer's residence and the relevant administrative authorities should be provided in a timely manner.
Article 29 Governments, relevant administrative authorities and villagers' councils should preserve rural land contractual relations in accordance with the law and refrain from the illegal recovery and forced diversion of collective land for farmers. Support and encourage the voluntary and legally paid transfer of the right to use collective land.
The People's Government, the relevant administrative authorities and the Village National Commission should strengthen the education management of children in rural areas and to strengthen custody for children who have suffered adverse behaviour, and to guarantee the healthy growth of children.
Villagers' councils in the farmer's home area should notify farmers in a timely manner and guarantee their right to democracy through appropriate means when organizing elections or deciding on major matters involving the rights of farmers.
Article 33 governs the implementation of laws, regulations and regulations, such as the labour, security, health, etc., by law, with the right to require the correction of a person's unit and to make a recommendation to the relevant sectors, such as labour security, safety and productive management, health, that the relevant sectors should be verified.
Chapter VI Legal responsibility
Article 31 violates the rights and interests of peasants, laws, regulations and regulations have set administrative penalties and are implemented in accordance with the provisions of the law, regulations.
Article 32 The full-time presence of small-scale schools in the farmer's workplace was denied access to the children of peasant workers, which was being restructured by the executive branch of education; the delay remained unchanged and the disposal of school heads and direct responsibilities.
Schools are in breach of the relevant provisions for the payment of fees to the children of farmers and are being converted to a period of time by inspection, price, education, etc.; they are still uncorrected and disposed of by the heads of schools and those directly responsible.
Article 33 does not provide for the safe training of farmers' workers, which is being restructured by the security production supervision management or by the relevant authorities, and is not later corrected and criticized.
Article 34 contains one of the following acts by the labour security administration to be rectified; there is still no change in order to impose an award to the farmers in accordance with the criteria of more than 100 per cent of the amount payable:
(i) Certified or unpaid arrears in pay;
(ii) Arrange for overtime;
(iii) The wage paid is less than the local minimum wage;
(iv) The removal, termination of labour contracts has not been reimbursed by law.
Article XV, in violation of the wage guarantee system, is corrected by the labour security administration.
Article 36, in violation of this approach by the executive branch and its staff, is one of the following acts, and is subject to administrative disposition by the Government of the current people or by the superior administrative authority, the inspection body:
(i) Interventions in the ownership of the use of farmer workers in accordance with the law;
(ii) The cost of illegally charged to farmers or to units using farmers;
(iii) The failure to perform their duties undermines the legitimate rights and interests of farmers;
(iv) Violations of the rights of farmers to live and property;
(v) Forced farmers to return to their homes on the basis of family planning management and services.
Article 37 of this approach was implemented effective 1 May 2008.