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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(On February 29, 2008 Jiangsu Province Government 2nd times Executive Conference considered through on March 20, 2008 Jiangsu Province Government makes 42nd, announced since on May 1, 2008 up purposes) first chapter General first article to strengthening on farmers workers of public service, protection farmers workers of lawful rights and interests of, promote economic development and social harmony, according to People's Republic of China labor law, and People's Republic of China labor contract method, about legal, and regulations of provides, combined this province actual, developed this approach.
    Second migrant workers in these measures refers to the migrant workers in township enterprises and household registration of the employment in rural areas.
    Third local people's Governments at all levels should adhere to fair treatment, enhanced services, principles of management, guide, established to protect the legitimate rights and interests of peasant workers policy system and supervision mechanism, establish urban and rural public service system and a system to benefit migrant workers, and their accompanying spouses, children of migrant workers in employment, education, medical and other local public services and management.
    Article fourth of labor and social security, construction, public safety, education, health, finance, work safety supervision and management, population and family planning, the administration of Justice and other departments, in accordance with their respective responsibilities to do migrant workers services and the interests of management and maintenance. Thinks its infringement of the legitimate rights and interests of migrant workers, the right to forward complaints referred to in paragraph, relevant departments should be processed in a timely manner, and must not delay and prevarication.
    Not part of the mandate of the Department, shall inform migrant workers receive Department.
    Trade unions, the Communist Youth League, women's federations and other organizations within the scope of their duties shall safeguard the legitimate rights and interests of migrant workers.
    Fifth, no units or individuals may infringe upon migrant workers liberty, dignity and interests, shall make and implement any form of discrimination against migrant workers regulations, measures and unreasonable restrictions.
    Chapter Sixth local people's Governments at various levels shall organize employment service employment transfer of rural labor force skills, and leading skills and safety training, and arrange special funds focused on financial expenditure for supporting rural labor employment skills and skills training, the development and implementation of training and promote employment incentive measures, incentives and subsidies.
    The seventh labour and social security administrative departments (hereinafter referred to as the labour and social security administrative departments) and the relevant administrative departments should strengthen the Labor export agencies and the construction of information network, serving to provide timely and accurate information; do the labor organization and coordination work, improve the level of organization of Labor export.
    Eighth of public employment services should be provided to migrant workers free employment information, policy advice, career guidance and job placement service.
    Other types of employment agencies provide free employment agency for migrant workers, in accordance with the relevant provisions of national and provincial subsidies. The Nineth production safety supervision and administration, health and other relevant administrative authorities do migrant workers safety and disease prevention.
    Migrant workers should be in the health sector that comes with the immunization of their children into local immunization plans.
    Population and family planning departments should be free for migrant workers to provide basic family planning technical services project.
    Tenth regional people's Governments and the educational administrative departments shall protect the rights of migrant workers ' children receive compulsory education.
    Seat of the Labor Government and its administrative departments of education shall, in accordance with the "local government responsible for public schools to attract" principle, take a variety of forms, arrange for school-age children receive compulsory education for rural migrant workers.
    Children of migrant workers in full-time public primary and high schools, where admission of migrant workers employment, entry requirements, fees and the teaching management of local students should be treated equally, must not violate the provisions of national and provincial charge other fees.
    Children of migrant workers return to their home school, people's Government of its domicile and the administrative departments of education shall be received in local public schools, schools shall not charge a fee for countries other than those provided for.
    The 11th labor dispute arbitration organizations of rural workers ' complaints of labor dispute cases, should speed up the trials, timely decisions, concerning the treatment of remuneration, insurance should give priority.
    Legal aid agencies should provide legal assistance to eligible migrant workers in a timely manner, protect their legitimate rights and interests.
    Chapter III salaries, insurance protection 12th employer payroll allocation should follow the principle of distribution according to work, equal pay for equal work; payment of wages shall follow the principle of honesty and credit, form of currency on time and in full. In addition to implementation of the hour, day, week, wage system employing units, other employers shall monthly payment of wages to migrant workers. The employing unit shall not be deducted or undue farmer workers ' wages.
    Wages shall be paid to farmers the cost of people, and at the same time providing payroll.
    Employers to pay migrant workers cannot be paid less than the local minimum wage.
    Article 13th wage deposit system and the payment of wages for rural migrant workers focusing on monitoring and control system.
    Wage deposit system for rural migrant workers by the administrative departments of labor security in conjunction with the financial, construction and other relevant sector-specific regulations and the organization.
    In the construction field and implemented centralized employer of migrant labour and the clerical system manual, key monitoring of implementation of their wages for the pay. Units shall in accordance with the contract and timely allocation of project funds.
    Construction funds are not implemented, the departments concerned not be issued the construction permit shall not be approved construction report.
    14th the employing units and formed labour relations with migrant workers shall participate in social insurance for employees of enterprises in the local, and required to pay social insurance fees.
    Labor organizations of sending migrant workers to employers, labor organizations and migrant workers in accordance with the location of dispatched organizations participate in the relevant provisions of the social security social security and pay social insurance fees. 15th administrative departments of labor security social insurance agency shall, in accordance with national and provincial regulations, in time for the migrant worker the social security reserve and transferred formalities shall not be refused in the name social security of migrant workers.
    Does not transfer non-domicile in the province, upholding social security of migrant workers, can store their personal account for one-time payments to himself, and terminate the insurance relationship.
    16th employer units should be in time for the work-related injury insurance formalities all migrant workers, industrial injury insurance fees paid.
    Construction companies, mining companies, as well as road and water transport, marine fishing and aquaculture, high flying work, dangerous chemicals, Fireworks and civilian explosives manufacturing employers, participating in work-related injury insurance, based on construction sites accidental injury insurance of migrant workers in hazardous jobs. Supervision and administration of production safety, construction and other sectors should be the employers ' participation in work-related injury insurance and safety of migrant workers education and training as a prerequisite to issuing safety licenses.
    For not participating in work-related injury insurance, insured and interrupt paid or the employer pay less premiums, not be issued to the safety production license. 17th by the employing unit shall employ migrant workers basic medical insurance for urban workers.
    Participate in the manpower planning and basic medical insurance, medical insurance premiums paid by employers and individuals in accordance with the regulations separately; sign up for medical insurance or medical insurance, medical insurance premiums primarily paid by the employer.
    18th migrant workers due to work injury or occupational disease, the employer shall take measures to provide prompt treatment to migrant workers, and in accordance with the provisions applying to the administrative departments of labor security work-related injury certification. Employer does not participate in work-related injury insurance, migrant workers ' injuries, by the employer in accordance with the provisions of the regulations on industrial injury insurance accident insurance benefits programs and fees.
    Qualify for regular treatment of work-related injury insurance of migrant workers and migrant workers support relatives in fatal, single regular insurance benefits on a voluntary basis, and relations with the employer terminate the employment relationship and industrial injury insurance.
    19th employers and migrant workers in accordance with the provisions of payment of unemployment insurance premiums, after migrant workers, to receive unemployment insurance benefits.
    Fourth chapter, other rights and interests protection of the 20th the employer shall comply with the laws, regulations and the regulations, establish and improve the relevant rules and regulations to ensure enjoyment of legal rights and interests of migrant workers.
    21st the employer shall enjoy independent use of migrant workers ' rights, and any units not to interfere.
    Employer use of migrant workers, to the migrant worker shall not violate the provisions of charging unreasonable or disguised cases of bonds, mortgages and other charges may not be seized personal documents of migrant workers.
    An employing unit shall collect, register and formed labour relations of migrant workers name, citizen identity number, address and other basic information, undocumented persons and unidentified persons may not be employed. 22nd the employer shall sign a written labor contract law and peasant workers.
    Conclusion of labour contracts shall observe the principle of equality, voluntariness and unanimity.
    Labor organizations of sending migrant workers to employers, labor organizations and migrant workers sign a written labor contract, establishing the pay roll system, and in writing to the administrative departments of labor security reporting labor contract, rescission and termination of the obligation.
    Employer may conclude a collective contract with the workers, migrant workers ' enjoyment of their rights under the collective agreement and perform the obligations under the collective agreement.
    23rd the employer shall, in accordance with national standards and industry requirements for migrant workers provide the necessary safety facilities and labour protection conditions, meet the national occupational health standards and requirements of the working and living environment, improve the relevant safeguards.
    The employer shall, in accordance with the prevention of occupational diseases requires, deploy effective occupational-disease-prevention facilities, and to provide migrant workers with occupational protective equipment and occupational health surveillance, the daily monitoring of the implementation of the workplace occupational-disease-inductive factors. 24th the employer should develop job training for migrant workers plan and organize the implementation, in accordance with the provisions of staff education and training fees, earmarked.
    For failure to perform the obligation of training the employer forced extraction of staff education and training according to state regulations, for Government and industry organizations are necessary for job training. Coal and non-coal mines, dangerous chemicals and Fireworks, construction, production and business operation entity shall be mandatory safety training for migrant workers.
    Migrant workers engaging in special operations, specially the Security job training, after obtaining a special operations qualifications prescribed by the State before they can post. Is strictly prohibited any entity in the name of training to charge illegal migrant workers.
    Without vocational skills training for migrant workers, the employer shall not be termination of labor contract for migrant workers can not do the work.
    25th an employer shall not extend migrant workers ' working hours in General, migrant workers need to be extended because of production and management work or work on rest days, holiday arrangements for migrant, should be carried out in accordance with legal procedures, and paid overtime or to arrange and take some time off.
    The fifth chapter supervision and guarantee of the 26th local people's Governments at all levels and relevant departments should conscientiously perform their duties and strengthen supervision and inspection, to investigate in a timely manner against violations of the legitimate rights and interests of migrant workers.
    Labor and social security, public security, industry and commerce administration, personnel, education departments should strengthen their cooperation efforts to increase human resource market rectification work, focusing on combating all illegal and criminal activities in the field of employment agencies, banned various illicit job intermediary.
    27th a labour and social security administrative departments should strengthen labor security supervision according to law, employer violations of migrant workers ' legitimate rights and interests, should abide by the good faith of the employer records in the archives, and in serious cases to the public.
    The 28th when the relevant administrative departments in the management of the floating population, measures should be in favour of migrant workers ' employment services, shall not discriminate against migrant workers.
    Local government employment of migrant workers and related administrative departments need to know about migrant worker status, children's education, marital status and other information, domicile of migrant workers and the relevant administrative departments should be provided in a timely manner. 29th domicile, relevant administrative departments of the people's Governments of migrant workers and villagers ' committees, shall protect the rural land contract relations, not to recover illegally and forcibly transfer collective land contract of migrant workers.
    Support and encourage voluntary and migrant workers transfer contract of collective-owned land use right according to law.
    Domicile, relevant administrative departments of the people's Governments of migrant workers and villagers ' committees, should strengthen the management of rural left-behind children's education, for children with bad behavior, and custody help and education should be strengthened, protect the healthy growth of left-behind children.
    Domicile of the villagers ' Committee of migrant workers, in the Organization of general elections or when deciding on major matters relating to migrant workers ' rights, shall inform migrant workers, and guarantee the exercise of democratic rights in an appropriate manner.
    30th trade unions shall the employer implementation of national labor, safety and health laws and regulations to supervise the situation, to find the problem has the right to ask the employer to correct, and can contribute to the labor and social security, work safety supervision and administration, health and other relevant departments investigate and deal with recommendations, relevant departments shall be verified.
    Sixth chapter legal liability article 31st employer violates these rules, violations of migrant workers ' rights, laws and regulations have set administrative penalties, in accordance with the provisions of laws and regulations.
    Article 32nd full-time public primary and high schools, where peasant workers refused to receive the school enrolment of children of migrant workers, by the administrative departments of education shall order rectification late is still not corrected, disciplined school heads and persons.
    Migrant workers ' children to charge costs to the school violates the relevant provisions of, by monitoring the rectification and prices, such as sector; late is still not corrected, disciplined school head and persons directly responsible.
    33rd an employer is not required to conduct safety training of migrant workers, by production safety supervision and Management Department in charge or relevant departments shall order rectification late is still not corrected, criticized.
    34th article employing units has following behavior one of of, by labor guarantees administrative sector ordered corrected; late still not corrected of, ordered employing units according to meet amount 50% above 100% following of standard, to farmers workers added pay compensation Gold: (a) deduction or for no reason arrears wage paid of; (ii) arrangements overtime not paid overtime of; (three) paid of wage below local minimum wage standard of; (four) lifted, and terminated labor contract not law give economic compensation of.
    35th of employing unit violating wage deposit system, the administrative departments of labor security shall be ordered to correct.
    36th article administrative organ and staff violation this approach, has following behavior one of of, by this level Government or superior administrative competent sector, and monitored organ give administrative sanctions: (a) intervention employing units independent law using farmers workers of; (ii) to farmers workers or using farmers workers of units 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;
    (E) on the grounds of family planning management and services of forced migrant.
                              37th article of the rules take effect on May 1, 2008.

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