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Protection Of Migrant Workers ' Rights In Henan Province Approaches

Original Language Title: 河南省进城务工就业人员权益保护办法

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(Act No. 93 of the People's Government Order No. 93 of 4 July 2005 on 1 September 2005)

Article 1 promotes economic development and social progress, in accordance with the People's Labour Code and the relevant national laws, regulations and provisions of the National People's Republic of China, in order to facilitate the transfer of surplus labour in rural areas to non-agricultural and urban areas, and to protect the legitimate rights and interests of employed persons in the city.
Article 2
Article 3. Governments and relevant executive authorities at all levels should be guided by the principles of fair treatment, reasonable direction, improved management, and good service.
Article IV Employment workers in urban areas enjoy the rights set forth in the People's Republic of China Labour Law and other laws, regulations and regulations. Any sector and unit shall not interfere with the use of persons employed by the user's units in the city by law.
Article 5: The user unit should establish and refine regulations in accordance with the law to guarantee the right to work of the employed persons in the city and to fulfil their labour obligations. Individual documents shall not be seized in contravention of the provisions for the collection or void of guarantees, mortgages and other unreasonable costs to the employed persons in the town.
Article 6.
The user unit provides catering and accommodation for workers in the city and should be in line with the State's mandated health and safety conditions.
Article 7. The establishment of a working relationship between a person's unit and a worker in the city should be made in accordance with the law. The conclusion of a labour contract should be guided by the principle of equality of voluntary, consensual and have the following provisions:
(i) Terms of labour contracts;
(ii) Work content;
(iii) Labour protection and labour conditions;
(iv) Labour compensation;
(v) Labour discipline;
(vi) Conditions for termination of labour contracts;
(vii) Violations of labour contracts.
In terms of labour payments made by the user unit with the employed persons in the town, there should be a clear agreement on pay standards for labour payments, payment projects, forms of payment and time payments.
The user unit has a collective contract with the employee, who is employed in the city and who performs the rights under the collective contract.
The removal of the labour contract by a person's unit with the employed in the city shall be in accordance with the provisions of the law and shall pay economic compensation to the employed persons in the city.
Article 8. The unit of the person shall pay in accordance with the legal, legislative, regulatory and labour contracts for the payment of the labour compensation of the employed persons in the city in accordance with the provisions of the law, regulations and regulations, and the agreement of the labour contract, in the form of a statutory currency, and shall not be in possession or in arrears at least once a month. Labour pay should be paid to the employed person in the city.
The payment of the salaries of employed persons in the city shall not be lower than the local minimum wage.
An extension of working hours or rest days, leave days are scheduled to take place in the work of employment workers in the city, and the unit shall pay labour compensation in accordance with labour laws, regulations and regulations.
Article 9. The employment of workers in the town is covered by social insurance contributions, and the user units should be treated in accordance with the law.
The construction units shall be subject to an accidental injury insurance for the start-up workers working on the construction site.
Article 10. The labour security administration should strengthen labour security inspections by law and receive timely reports and complaints from workers employed in the city. In violation of the legitimate rights of employed persons in the city, the labour security administration should be documented by law in the integrity of the person's unit and made public to society.
Article 11. Employment workers in the city are entitled to participate in and organize trade unions by law. Trade unions at all levels should preserve the legitimate rights and interests of workers employed in the city, in accordance with the relevant provisions, and be supervised by the law.
Article 12. Governments and relevant administrative authorities should be able to provide guidance and training on the protection of persons employed in urban work, legal knowledge, urban life awareness, job selection, and awareness-raising for employment in the city.
The executive branch and relevant administrative authorities at all levels should strengthen the construction of labour-exporting institutions and information networks, provide timely and accurate information services for job-employed workers in the city, coordinate their work with the labour-exporting organizations and increase the organizationalization of labour-exporting.
Article 14. Governments at all levels should arrange for specific funding to facilitate vocational skills training for employment workers in urban areas. The relevant administrations, such as labour guarantees, should strengthen vocational skills training for employed persons in urban work, in accordance with the relevant provisions.
The induction units should be trained in accordance with the law on the basis of the law for technical work and for the entry into the city for the production of mining, construction and hazardous items. Training costs are borne by a user unit.
All sectors and units are prohibited from using training to pay fees for those employed in the town.
Article 15. Relevant administrative authorities shall operate in accordance with the law and shall not establish registration projects for employment workers in urban areas.
The resident identification is the status of labour, employment and various services performed by employed workers in urban areas, which, in addition to legal, legislative and regulatory provisions, are not required by any sector or unit of employment in the city to obtain other material.
Article 16 builds, labour guarantees and other relevant administrative authorities should be synchronized and rigorously implement credit systems and wage security systems in the area of construction, in accordance with the relevant provisions of the State and the province.
Article 17 The relevant administrative authorities, such as the regulation of safe production and the health, should be in accordance with the law for the production of safe and occupational diseases for employed persons in the city and take measures to prevent the occurrence of poisonous foods.
Article 18 Governments and education administrations at all levels should guarantee the right to compulsory education for the children of employed persons in the city. The Government and the education administration should take a variety of forms to arrange compulsory education for the children of employed persons in the town. The children of the employed persons in the town are taught at the local full-time primary school and should be treated equally with local students in terms of admission, without violating the State's provisions for the unlawful collection of other expenses.
The families of the employed persons in the town shall return to their places of origin, and the people's government and the education administration shall arrange local schools to receive them without unlawful charge of other costs other than the State's provisions.
Article 19 Governments of the urban population should include family planning, child education, legal services, legal aid and security management in the management responsibilities of the relevant administrative authorities and community-based organizations, as well as the corresponding management funds in the financial budget, and shall not be assessed to the user units and to the employed persons in the city.
Article 20 concerning the management of the mobile population must be carried out in accordance with the provisions and procedures of the law, regulations and regulations, and should develop measures to facilitate the employment of workers in the city, and employment services, without discrimination in the employment of the urban workers.
The Government and the relevant executive authorities shall communicate information on the status of employment workers in the city, the status of children's education, as provided for in the provisions of the regulations to the work of employment workers in the town.
Article 21 Supporting and encouraging the voluntary and legal right to transfer collective land by employment workers in urban areas.
Article 2
Article 23, in violation of this approach by the executive branch and its staff, is one of the following acts, and is subject to administrative disposal by the Government of the High-level People, the relevant administrative authorities or the inspection body:
(i) Interventions in the use of persons employed in urban employment, by law;
(ii) The cost of unlawfully charged to employment workers in the town;
(iii) The failure to perform their duties undermines the legitimate rights and interests of employed persons in the city;
(iv) Violations of the right to physical and property of workers employed in the city.
Article 24, in violation of this approach, receives a guarantee, mortgage and other unreasonable costs for employed persons in the town, or seizures of personal documents, which are returned by the time limit of the executive order of the labour security administration; a fine of between 1 and 3 times the amount paid after the non-return, the mortgage and other unreasonable costs; a fine of up to 500 dollars for the late non-return of documents.
Article 25. The establishment of labour relations between a person's unit and an employment worker in the city is not in accordance with the law and is being redirected by the Labour Security Administration.
Labour relations have been established between the user unit and the labourer in the town, but no labour contract was concluded or the labour contract concluded did not agree on the wage criterion, and the unit should pay labour compensation in accordance with the average salary standards of the employer in the previous year. Compensation should be given to the damage caused to employed persons in the town.
Article 26 consists of one of the following acts, which are charged by the Labour Guarantee Administration to pay the salary of the employed persons in the town, the difference between the salary and the local minimum wage or the economic compensation for the dismissal of the labour contract; and the impossibility of payments made by the responsible person's unit to pay compensation to the employed persons in the city, in accordance with the criteria of more than 50 per cent of the amount payable:
(i) Civic or non-expended payment of the salary of employed persons in the town;
(ii) The payment of the salary of workers employed in the city is lower than the local minimum wage;
(iii) The dismissal of labour contracts has not been provided by law to the economic compensation of employed persons in the town.
Article 27, in violation of labour security laws, regulations, regulations and other relevant laws, regulations, regulations, regulations, regulations, regulations, non-payment of the relevant social insurance, obstruction of entry into the city's employment worker's participation in and organization of trade unions under the law, the conditions for safe production of facilities and labour protection and occupational illness control measures, the lack of training for safe production, the violation of the legitimate rights of female workers employed in the city and minors, and the provisions of the Labour Safety Administration or other relevant sectors, in accordance with the labour laws, regulations, regulations, or other laws, regulations, regulations and regulations.
Occupational representation agencies, vocational skills training institutions violate the legal rights and interests of employed persons in the town, in violation of laws, regulations, regulations and regulations, and are punishable by law by the labour security administration.
Article 28 consists of one of the following acts by the public security authorities in accordance with article 96 of the People's Republic of China Labour Code:
(i) Forced labour of employed persons in the city by means of violence, threat or unlawful restrictions on the liberty of the person;
(ii) To humiliate, corporal punishment, beating, unlawful search and detention of persons employed in urban work.
Article 29 of this approach refers to cities and towns established by State administration.
In addition to strict compliance with national legislation, regulations, regulations and regulations, the use of external personnel in rural and rural mining sites, construction of materials processing sites, brick kilns, and the application of the provisions of this approach to the user units.
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