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Dalian Provisions On Settlement Of Arrears And Deduction Of Wages For Rural Migrant Workers In The Construction Industry

Original Language Title: 大连市关于解决拖欠和克扣建筑业农民工工资问题的规定

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(Adopted at the 29th ordinary meeting of the Government of the Grand MERCOSUR, held on 24 June 2004, by Decree No. 51 of 30 June 2004 of the Order of the Government of the Grand Communes of 30 June 2004 (Act No. 51 of 1 August 2004)

Article 1 protects the legitimate rights and interests of the farmers in the chewing industry, preserves social stability, promotes the health development of the construction market, in accordance with the provisions of the Labour Code of the People's Republic of China, the China Contract Act, the People's Republic of China Building Act and the Office of the State of State, the notice of employment management and services for farmers in urban areas, and the notification of the effective settlement of arrears in construction.
Article 2, paragraph 2, applies to construction units within the administrative area of the Grand MERCOSUR, construction enterprises (consistency contracts, professional contracting, labour contracting) and to farmers who are working with them.
Article 3 provides for the coordination, supervision and inspection of the work of organizations that are responsible for the settlement of the arrears and the wages of farmers in the construction industry in the current administration area. The General Assembly, in conjunction with sectors such as the planning of land, land reserves, housing, integrated law enforcement, public safety and justice, took effective measures to consolidate the arrears of governance and the payment of wages to farmers in the construction industry, and to seriously combat malicious arrears and the violation of the wages of farmers.
In all relevant sectors, regular inspections should be carried out in response to the payment of the wages of farmers in the construction industry, finding that immediate measures have been taken to implement the responsibilities at the level of responsibility and to address the issue of the wages of the farmers in arrears and the construction industry in a timely and effective manner.
All relevant sectors of the Government should improve the reporting system, make it available to society for the publication of the telephones, establish specialized reception personnel, and handle complaints and reporting cases of farmers in a timely manner.
Article 5. Construction projects have a capital gold system. Prior to construction of the project, construction units must be credited to build-up funds by 30 per cent of the total investment in construction projects, as evidenced by the funding provided by the bank, to conduct the business construction process. The opening-up banks have shown a false financial proof that they will have to bear a joint responsibility.
Article 6. Construction units enter into construction contracts with construction enterprises and must clearly agree on the payment of engineering funds and works, as a matter of priority, and the payment of farmer work wages by month. The payment of farmer work wages must be paid in the form of a statutory currency and shall not be paid in kind or in the price. The construction unit does not pay the amount of work in accordance with the contract agreement, leading to the incapacity of the construction industry to pay the wages of the farmers and should be associated with responsibility.
Article 7. The construction units shall actively raise funds to ensure that the construction services are paid to the construction industry in full and on time in accordance with the contract agreement.
The construction units should establish a management system to take measures to strengthen the regulation of the construction industry in paying the wages of farmers, identify problems and address them in a timely manner.
The construction industry should pay the monthly wage and salary statements, report the construction unit reserve and receive the supervision of the construction units.
Article 8. Construction, labour security administrations should be jointly established to build a labour-professional market for large-scale municipalities, implement a dynamic management and service for farmers who enter the construction area of the administration.
Article 9. Business recruitment of farmers for construction activities shall be carried out in accordance with the provisions of the Labour contract of the Grande Town. Labour contracts should clearly define the duration of work, the content of work, the protection of labour and the conditions of work, the responsibility and pay standards in violation of labour contracts, the payment of projects, the payment of time, etc., and be carried out in accordance with the law.
Labour contracts should be concluded using labour guarantees and standard texts developed by administrative authorities. Two times the labour contract, each of the construction enterprises and farmers. The construction industry enterprise shall not deduct the text of the contract for the labour of farmers for any reason.
The construction industry enterprises should be able to secure the administrative authorities for the processing of work requests within 20 days of start-up work.
Article 10 Business enterprises should establish grass-roots trade union organizations in accordance with the Trade Union Act and actively involve farmers in trade union organizations. Trade union organizations at all levels should preserve the interests of farmers, promote labour laws and regulations, guide farmers' work with construction enterprises to enter into labour contracts, monitor the timely payment of wages by construction enterprises and help farmers to recover the wages paid by the construction industry.
Article 11. Farmers have found that construction enterprises do not perform labour contracts and pay wages in full and in a timely manner, they shall apply to the labour security administration for arbitration or to the People's Court for prosecution, which shall be processed quickly.
The construction, labour security administration authorities should establish an interactive mechanism with legal aid institutions to provide easy and efficient legal assistance to farmers to pursue their arrears and to pay cases.
Article 12. The legal representative of the construction industry, which employs farmers, is the first responsible for addressing the arrears of the wages of farmers and chewing. For construction units, priority will be given to ensuring payment of farmer wages by month, without arrears or deduction.
In the event of the insolvency of law and the liquidation of the debt, the relevant authorities should incorporate the unpaid farmer labour wages into the first liquidation order.
Article 13. The subcontracting of enterprises in the total contractor construction industry must be used with qualified professional contractors and labour enterprises. Non-exclusive organizations and individuals are prohibited from illegally contracting works and works.
General contractors should establish a sound payment management system for the work of farmers, and construction enterprises with specialized contractors or labour contracts receive engineering payments from the whole contractor construction industry, first of all to ensure that farmers' wages are paid in full and that they are not crowded and diverted. The professional contracting or labour-contracting enterprises are in arrears in the wages of their farmers and are to be held accountable for the associated responsibilities of the overall contractor construction industry.
Article 14.
(i) Individual income tax and contributions paid by farmers' workers;
(ii) Court judgements, decisions and conciliations in force require deductions and maintenance.
For farmers themselves, the company could be deducted from the farmer's own wages in accordance with the labour contract's agreement, but the monthly deduction would not exceed 20 per cent of the monthly salary of farmers.
Article 15. The monthly wage of the construction industry's farmer workers is paid by the construction industry in monetary form and paid directly to farmers in the month. The amount of work was paid in excess of one month and was completed on a monthly basis, with monthly work; the works were to be paid in full within three days of the receipt of the works.
Article 16 imposes a minimum wage security system for farmers working in the construction industry. The minimum wage must not be lower than the minimum hourly wage for the construction industry published by the municipal labour security, the construction of the administrative authorities, and the introduction of the pay, which is reasonable for the enterprise to have a labour contract and to do so.
Article 17 establishes a special reserve account for the wages of farmers and a system of mutual pay for farmers. The construction industry enterprise shall, from the date of publication of this provision, enter into a designated bank with less than 10 per cent of the construction units paid under the contract agreement, 9 per cent of which are a reserve account dedicated to the wages of farmers and 1 per cent for the monthly payment of farmer workers; and 1 per cent for the farmers' wage mutual accounts to address the sudden incident in which the construction industry is in arrears in the wages of farmers.
The pre-reservation account for farmers' wages is regulated by banks for funds purposes. The balance of funds was not sufficient to pay the monthly salary, and the construction industry should be filled in a timely manner. Conditionable construction enterprises may open banks in the earmarked pre-reservation accounts for each farmer to handle the personal wage accounts, which are distributed to farmers on a monthly basis by banks.
Farmers' wage mutual accounts are owned by the construction industry and are regulated by the construction of administrative authorities. Building businesses use mutual accounts funds subject to approval by the construction, labour security administration and return as required. In the first month of the completion of the construction industry, the regulatory sector should return it to the full amount of funds from the Farmer Workers' Pay Mutual Budget.
Specific means of implementation of the Farmers' Work Salary Reservation Account, the Farmers Workers' Pay Mutual Accounts are developed by the municipal authorities.
Article 18 introduces a system of professional guarantees for construction of works and the establishment of a system of guarantees for construction throughout the city. Supporting, developing construction works professional guarantees companies, carrying out performance guarantees, payment of engineering guarantees by the owners, tender guarantees, payment of farmer wage guarantees, etc. services to address difficulties for construction units and construction enterprises.
The establishment of a construction unit, the enterprise credit evaluation system in the construction industry will pay works in full and on time as an important basis for the assessment of construction units, the enterprise credit hierarchy in the construction industry. The construction, labour security administration authorities should regularly disburse construction units for engineering and construction enterprises to pay the wages of farmers, and be made available to society on the municipal government website, the construction of engineering information sites, major television stations, top-day newspapers. Construction units and construction enterprises that are in arrears in engineering payments, arrears and the deduction of farmer labour wages are recorded in the corporate credit file. There has been no change in teachings, which will be made available on a major day.
Article 20 violates this provision that construction units do not make payments on time, leading to the payment of their labour wages to farmers, which are charged by the construction of administrative authorities for a period of time and are not paid, the construction, labour security administration authorities may send the “Asssss of contact for the planning of the land, land reserves, property, etc.”, the land reserve sector does not approve its new work construction projects, do not approve the issuance of letters of credits; the planning of the land sector for their use, planning; and the construction of administrative authorities, and the issuance of licences for the processing of goods. The construction unit, owing to its serious arrears in the amount of work, has resulted in the loss of the wages of the farmers, triggered the incident, and the Municipal Government has recovered its land development rights in accordance with the law, along with the territorial buildings, to reimburse the unpaid work and the wages of the farmers and to open exposure.
Article 21, in violation of this provision, the construction industry has failed for three months to carry out monthly salary arrears to the work of the farmers, resulting in the incident, which is subject to the suspension by the administrative authorities of their new project contractors and tender qualifications, reducing their credit levels and the level of qualifications; in serious circumstances from the construction market in the city, halting the eligibility of the project manager to serve as project manager in the work of the city and making public exposure.
In violation of this provision, the construction industry in general subcontracts the works to unqualified professional contractors, labour contractors and natural persons, and the farmers employed in the subcontracting work is considered to be employed in the overall contractor construction industry. In the event of arrears in the payment of the wages of the farmers, reimbursed by the contractor's enterprises and revoked their qualifications certificates by the construction of administrative authorities to clear the market.
In violation of this provision, construction units and construction enterprises do not carry out the construction project capital fund-raising system, as well as the establishment of a special reserve account for farmers' wages, and land reserves, construction, planning and planning are not subject to the development, planning, construction process.
Article 24 is one of the following acts in the construction industry, which is charged by the Labour Guarantee Authority to pay the wages of farmers and to pay economic compensation in accordance with 25 per cent of the salary, and can be charged with paying compensation in accordance with the sum of wages and economic compensation payments:
(i) Failure to pay and deduct or otherwise default on the wages of farmers;
(ii) To pay for the minimum standards of labour security for farmers and the establishment of administrative authorities;
(iii) After the dismissal of the labour contract by the corporate party, there was no legal compensation for the work of farmers.
Article 25
Article 26 rejects, impedes the performance of national staff and interferes with the payment of wages by peasant workers in accordance with the law, constitutes a violation of the security administration, punishable by the public security authorities in accordance with the provisions of the Law on the Safety and Security of the People's Republic of China; and criminal responsibility by the representatives of the enterprise and project manager of the construction industry in the construction industry in the form of malicious arrears in the wages of their farmers, triggering the incident of mass visits.
Article 27 of the present provision is implemented effective 1 August 2004.