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Wuhan Construction Migrant Wages Paid Interim Measures For The Supervision And Management

Original Language Title: 武汉市建设领域农民工工资支付监督管理暂行办法

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Article 1 establishes and improves mechanisms to prevent the default on the labour force of farmers in the area of construction, to guarantee the legitimate rights and interests of peasant workers, in accordance with the provisions of the Law of the People's Republic of China, the Labour Contracts Act of the People's Republic of China, the Industrial Market Regulation of the Northern Lakes Province, and to develop this approach in line with the actual provisions of this city.

Article II. Construction units within the city's administrative area for construction of housing buildings and municipal infrastructure projects, construction of the total contractor, professional contractors and labour subcontracting enterprises, and farmers working with the user's units should comply with the provisions of the scheme.

Article 3. The Government of the commune set up a joint mechanism for the regulation of the regulation of the supervision of the payment of wages by farmers, researches key issues in the management of the supervision of the payment of wages by farmers and incorporates the management of the supervision of farmer workers into the annual objective appraisal and the introduction of a system of inspection.

The People's Government (which contains the new technology development area of the Lake Vilhan Orientale Lake, the Vilhan Economic Technology Development Zone, the Ecological Tourism Location of the city, the Uhan Chemical Industrial Zone Commission, with the same) is responsible for the integrated coordination of the management of the regulation of the regulation of the payment of wages for farmers in the area of construction within the area under its jurisdiction and the timely disposal of contradictory issues arising from the arrears of farm workers' wages.

Article IV builds the executive authority responsible for overseeing the construction units, construction of the total contractor, professional contractors and labour subcontractors to establish a dedicated account for the wages of farmers (hereinafter referred to as a pecuniary account), monitoring of the payment of the payment of the wages of the farmers in accordance with the law and coordinating the processing of the construction projects under which it oversees the management of construction projects that are in arrears in the wages of the farmers and assisting the human security administration authorities in dealing with complaints of the unpaid work of the farmers.

The human resources security administration authorities are responsible for overseeing cases such as labour contracts with workers, payment of farmer wages and payment of farmer wage payments, and processing of farmer wage disputes by law and inspectorate claims in arrears in the wages of farmers.

The public security authorities are responsible for dealing with offences such as the inadmissibility of pay and the treatment of farmer workers by means of violence, malicious strikes.

The executive branch of the judiciary is responsible for organizing legal assistance for the work of the defaulted farmers.

The financial sector is responsible for coordinating the supervision of financial institutions in conjunction with government authorities for the payment of wages to farmers.

The executive authorities, such as transport, town management, water administration, parking and forestry, are responsible for the construction of the functions of the administrative authorities in line with the provisions of this approach to the construction of the Authority's regulatory construction project to prevent the management of the supervision of the unpaid work of farmers.

Article 5

The construction units should strictly agree to pay the progress of the works in a timely manner, in accordance with the contract of construction, and oversee the payment of farmer work in full by the construction contractor.

In accordance with the principles of “every contract, who is responsible” and “ Whoever works, who is responsible”, the overall responsibility for the payment of the construction of the total contractor's wages is exercised and the direct responsibility of the professional contractor, the labour subcontractor.

Article 6. Business banks carrying out dedicated accounts management operations (hereinafter referred to as commercial banks) should enter into a dedicated account management cooperation agreement with the construction of administrative authorities, human resources security administration authorities.

Business banks should establish a dedicated account management system in accordance with agreement to assist in the construction of administrative authorities, human resources social security administrative authorities in the management of the payment of farmer wages.

Article 7. Construction units, construction of the total contracted enterprises, professional contractors and labour subcontractors shall open a dedicated account in commercial banks, and the unit shall enter into a pay commissioning agreement with the commercial banks to conduct a personal pay bank card for farmers in commercial banks, dedicated to guaranteeing the payment of the farmer's wages and receive oversight management in the relevant sectors.

In carrying out engineering professional subcontracts or labour subcontracts, the construction company shall include in the subcontracting information on the opening of the special account, the name of the household, the number of accounts, and the manner in which the farmer pays. A special account of a professional contractor and a labour subcontractor shall be presented to the construction of the whole contractor's enterprise reserve in the form of a document and a “farmerer wage commissioning agreement”.

The user unit should develop an internal wage payment scheme, implement the work-manage management and pay system directly, and inform all farmers of the business. The contents of the intra-business wage payment scheme should include payment projects, payment criteria, payment patterns, payment cycles and dates, overtime paying base, pay payments in special circumstances and other salary payments.

Article 8. The construction of the General Contracting Enterprise shall promote the separate establishment of a dedicated account by professional contractors and labour subcontractors, and arrange specialized managers for the management of the payment of farmer wages for the project.

Article 9. The construction unit, the construction of the total contractor's enterprises shall, in full and on time, allocate the payment of the worker's wages to the dedicated accounts without delay.

The construction units should be allocated to the dedicated accounts for the construction of the total contracted enterprise prior to the third working day of the month, and the construction of the total contractor should be transferred to the dedicated accounts of the professional contractor prior to the fifth working day of the month. The monthly number of farmer workers paying base amounts is determined in accordance with 20 per cent of the total contract price, in addition to the monthly amount of the total contract work period (a less than one month of the contract period and, according to one month's calculation), the payment of the paid farmer work is deducted at the time of the payment of the construction rate.

The construction of a general contractor or a professional contractor shall be subcontracted by a labour contract or shall be transferred to a dedicated account of the labour subcontractor by the end of the month prior to the 7 working day of the month. The monthly rate of payment for farmers is determined in accordance with the total contract price, in addition to the monthly amount for the total contract period (a less than one month of the contract period), in accordance with one month of the contract).

In accordance with paragraphs 2, 3 and 3 of this article, the temporary payment of the farmer's work is markedly different from the amount paid for the subsistence of the farmer based on the actual completion of the works, which can be adjusted to the criteria for the payment of the worker's wages, which are specifically tailored by the municipal construction of administrative authorities to establish with the municipal human security administration authorities.

Article 10. The user unit shall enter into a labour contract with the work of the Farmers in accordance with the law and establish a “Finaler pay bank roster”. Professional contractors and labour subcontractors should be submitted to construction contracts within seven working days of the labour contract with farmers, the “Finals of the Farmers Workers' Curriculum” for the whole contractor.

The human resources social security administration authorities should conduct regular checks with the construction of administrative authorities on the authenticity of the information on the labour contract signed between the user unit and the peasant's workers, the “Finderal worker's personal wage bank card roster” which is less than 10 per cent of the total.

The construction of a general contractor shall not assign the engineering package, subcontract to an organization or individual that does not have the qualifications of the subject matter of the work, and in violation of the provisions shall be legally responsible for collateral liability for the payment of the wages of the farmers.

Article 11. The user unit shall pay the wages of peasants in monetary terms, in accordance with the agreement of the labour contract, and the farmer work provides a normal labour and the pay paid by the user's unit shall not be lower than the minimum wage for the entire city.

The unit of the owner should provide a breakdown of the wages of the farmers prior to the construction site by 2 working days per month, and a breakdown of the wages of the farmer in the professional contractor and the labour subcontractor should be reported on the whole contractor's business reserve.

Farmers should include payment units, time payments, payment targets, disbursements, etc. and keep at least two years.

Farmers' wages are codified by commercial banks, and the user units should be transferred directly to the private pay bank card through the dedicated accounts of the user unit prior to the tenth working day of the month. The funds of the earmarked accounts are insufficient and are filled by the user units themselves.

Article 12. The construction unit shall pay to the human resources social security administrative authorities the subsistence allowance of the farmers for a maximum of 2 million dollars prior to the processing of construction permits. After completion of construction work, the human resources social security administration authorities, at 30 days, did not find any arrears in the payment of the wages of farmers, should return to the payment of the farmer's work bonds and interest to the construction unit in full within five working days of the expiration of the period.

Farmers pay credits for well-documented businesses can reduce the amount of payment of farmer wages.

The payment, use and refund of farmer wages shall be made public by law.

The specific method of payment, use and refund of farmer wages is developed by the municipal human resources security administration authorities.

In the event of a nuclear construction permit, the construction of administrative authorities should be inspected to the extent to which the project pays a farmer pay bond and established a dedicated account, finding that the unpaid payment of the farmer pay bond and the absence of a dedicated account should require the construction units to carry out the payment of the farmer's wage bond in accordance with the relevant provisions of this scheme, and the related procedures for establishing a dedicated account.

No unit or individual may be in arrears on the basis of contract enforcement of contractual disputes such as disputed, engineering arrears or the taking of the farmer's wages, and shall not be invested on the basis of the works or salary arrears, instigation of the farmer's road blocks and government organs, collation and malicious pay.

Article 15 does not provide for the establishment of a dedicated account or for the payment of a moratorium on the wages of farmers, which is to be responsibly corrected by the construction of administrative authorities; and rejects the correctness of fines of over 50,000 dollars.

Article 16, which does not pay for the payment of the subsistence allowance for the work of the Farmers, has been converted by the human resources social security administrative authorities to a period of time; it is not reformulated to impose a fine of up to 50,000 dollars.

Article 17 Construction units, user units are not established in accordance with the provisions for the establishment of a dedicated account, payment of farmer work wages, payment of farmer wage guarantees, payment of farmer workers' wages, payment of the salaries of the farmers, and administrative penalties are recorded in accordance with the law.

The construction of administrative authorities may be restricted by law to their market access, the qualifications of tenders and the construction licence of new projects.

Article 18 defaults on the wages of farmers by the user units, which may apply to the People's Court by law.

Article 19, in one of the following cases, is dealt with by public security authorities in accordance with the Law on the Management of Penalties in the People's Republic of China; constitutes an offence punishable by law:

(i) Disadvantaged in the wages of peasants or, on the basis of the arrears of farmer workers, instigate, instigate farmer work blocks and government agencies, collate pay and malicious strikes;

(ii) To provide false information, for example, for the purpose of defrauding money, for the purpose of using information such as the falsification of farmer work rosters, vouchers, wages, construction contracts, etc.;

(iii) Treatment of farmer workers by means of violence.

In order to avoid the payment of farmer labour wages or the ability to pay for the payment of farmer work wages, such as the transfer of property, evading anonymity, the amount is higher, and the Government is charged with criminal liability in accordance with the law.

Article 20 abuses by the executive organs and their staff in the management of the supervision of the payment of wages to farmers, insecure, invoking private fraud, are governed by the law, and criminal responsibility is held by law.

Article 21 provides for the establishment of administrative authorities, the municipal human resources security administration authorities, which shall establish specific rules for implementation in accordance with this approach.

Article 22

(i) Construction units refer to investors and organizations in construction projects.

(ii) A user unit means the construction of a total contractor, a professional contractor and a labour subcontractor that directly recruits farmers in the area of construction in the city.

(iii) Housing construction works, which refer to various types of housing buildings and their subsidiary facilities and their accompanying lines, pipelines, equipment installation works and interior and interior dressing works.

(iv) Urban infrastructure works, which refer to local roads, public transportation, water supply, drainage, temperature, heat, gardening, sanitation, sewage treatment, garbage treatment, protection of flood, local public facilities and installation of equipment.

(v) The above-mentioned approach contains no base.

Article 23 of this approach is implemented effective 1 October 2015. The housing construction works and municipal infrastructure projects that were previously constructed after the date of implementation of this approach, the remainder of the contract agreement was carried out more than one year, in accordance with the provisions of this approach, and the remaining period was less than one year, in line with the provisions of the scheme.