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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  First to standardize the construction payment of wages for rural migrant workers, establish and improve the mechanism against farmer workers ' wages, protect the legitimate rights and interests of migrant workers, according to the People's Republic of China Labour Code, the People's Republic of China labour contract law, in Hubei Province, the building management Ordinance and other provisions of laws and regulations, combined with the city's actual, these measures are formulated.

Article within the administrative area of the city in housing construction and the construction of municipal infrastructure projects construction and General Contracting enterprise of construction, professional contractors and labor service enterprises, as well as labor relations of migrant workers and the formation of the employer shall comply with these regulations.

The third municipal people's Government established joint wage payment supervision and management system for rural migrant workers, wages for rural migrant workers in the supervision and management for research coordination on major issues, agricultural laborers and wage payment supervision and management in the annual assessment, the implementation of target assessment system.

The district people's Government (including Wuhan East Lake high-tech development zone, Wuhan economic and technological development zones, cities, Wuhan East Lake ecological tourism scenic spot Management Committee of chemical industry area, the same below) is responsible for overall coordination within the assigned area of farmer workers ' wage payment supervision and management on construction work, timely disposal of problems caused by arrears of wages for rural migrant workers.

Fourth article construction administrative competent sector is responsible for urged units, and construction total contracting enterprise, and professional contracting enterprise and labor points package enterprise established agricultural migrant workers wage dedicated account (following referred to dedicated account), law on its using dedicated account allocated agricultural migrant workers wage temporarily payment situation for supervision check, coordination processing its is responsible for supervision management of construction project arrears agricultural migrant workers wage problem, assist human resources social security administrative competent sector disposal arrears agricultural migrant workers wage problem of complaints.

Human resources and social security administrative departments are responsible for the employer and the employee labor contracts, payment of wages for rural migrant workers and migrant wages deposit to pay for supervision and inspection, legally admissible complaint and investigation of farmer workers ' wage, migrant wages dispute.

Public security organs shall be responsible for handling arrears by reason, by means of violence towards migrant workers over unpaid, ill pay and other illegal activities.

Judicial Administration Department is responsible for organizing the unpaid wages of migrant workers in accordance with the provision of legal aid.

Finance Department is responsible for coordination of financial institutions to cooperate with the competent government departments of supervision and administration of payment of wages for rural migrant workers.

Transportation, urban management, water supplies, gardening and forestry administrative departments in accordance with the measures the provisions concerning duties of the construction Administration Department, responsible for its supervision of construction project supervision and administration of preventing farmer workers ' wages.

The fifth article of the city construction and agricultural workers ' wages "two lines" and allocated monthly wages payment system for rural migrant workers, migrant workers and gradually establish a unified real name "card" management system.

Construction should strictly follow the projects agreed on in the contract progress payment to pay in a timely manner, and supervising the construction of general contract enterprise by month paid their wages for rural migrant workers.

According to "who contract, who is in charge" and "who labor, who was responsible for" the principle of General Contracting enterprise of construction imposed on migrant wages paid overall accountability and responsibility system of professional contract enterprises, labor service company directly.

Sixth ' dedicated account management for commercial bank (hereinafter referred to as banks) and construction administrative department dedicated account management, human resources and social security administrative departments signed cooperation agreements.

Special account should be established in accordance with the agreement of commercial bank management system, assist the competent construction Department, human resources and social security administrative departments good management of payment of wages for rural migrant workers.

Seventh General Contracting enterprise of construction units, construction, professional contractors and labor service company should be opened special accounts in commercial banks, the employer should wage contracts agreements with the commercial banks, for migrant workers in commercial banks for personal salary bank cards, specifically designed to guarantee the issue of wages for rural migrant workers, and accept the supervision and management of the relevant departments. General construction enterprises in engineering subcontracting or when labor subcontracting, subcontracting contracts set out in the special accounts of the Bank, account name, account number and other relevant information, as well as the disbursement of wages for rural migrant workers approach.

Professional contractors and labor service company special account opening documents and "agent-agreement wages for rural migrant workers" should be kept by the submission of General Contracting enterprise of construction. Employers shall develop internal salary payments, the implementation of real-name system management, and direct payment of monthly wage system and inform all migrant workers of the enterprise.

Wage payment shall be included within the enterprise: payments, amount, payment method, payment cycles and dates, overtime pay, special cases of the basis of calculation of wages paid as well as other paid content.

Eighth construction general contractor shall urge professional contractors and labor service company a separate special account arrangements for specialized administrative personnel responsible for the management of wages for rural migrant workers work in this project.

The Nineth construction and General Contracting enterprise of construction temporary agricultural workers ' wages on time and in full payment should be allocated to the private accounts, and payments without delay. Construction unit should be before the 3rd working day of each month, wages for rural migrant workers last month provisional payments paid into the special account to General Contracting enterprise of construction; construction general contractor should be before the 5th working day of each month, wages for rural migrant workers last month provisional payments paid into the special account to professional contractors.

Monthly wages for rural migrant workers temporary payment basis in accordance with 20% of the total contract price divided by the total number of months for the duration of the contract (contract duration of less than 1 month, calculated in accordance with 1 month), allocated by the temporary payment of wages for rural migrant workers in paid progress payment deduction. Construction general contractor or professional contract enterprises subcontracting, shall, before the 7th business day of each month, wages for rural migrant workers last month provisional payments paid to labor service company special account.

Monthly wages for rural migrant workers total provisional payment basis in accordance with the contract price divided by the total number of months for the duration of the contract (contract duration of less than 1 month, calculated in accordance with 1 month).

In accordance with the third paragraph of this article, calculation of wages for rural migrant workers a temporary payment and complete the works according to the actual calculation of differences the amount of wages for rural migrant workers, you can make adjustments to the standard temporary payment of wages for rural migrant workers, specific adjustments by the municipal construction administrative departments, human resources and social security, in conjunction with the competent administrative departments. Tenth the employer shall enter into labor contracts with migrant workers, and the establishment of "register of individual wages of migrant workers in the bank card".

Professional contractor and subcontractor enterprises shall sign labor contracts with migrant workers within 7 working days after, labor contracts, "register of individual wages of migrant workers in the bank card" kept by the submission of General Contracting enterprise of construction.

Competent administrative departments shall, in conjunction with the building of human resources and social security administrative departments on a regular basis employers and migrant workers signed labor contracts, "register of individual wages of migrant workers in the bank card" checks the authenticity of the data, such as, check the ratio of not less than the total number of 10%.

General Contracting enterprise of construction engineering may not be contracting, subcontracting to organizations or individuals does not have the qualifications, in violation of regulations shall bear joint and several liability of the liquidation of farmer workers ' wages.

11th the employer shall, in accordance with the labor contract agreed to by the month paid monetary wages for rural migrant workers, provide normal work of migrant workers, employer payment of wages shall not be less than minimum wage in the city.

The employing unit shall work on the 2nd of the month schedule of public wages for rural migrant workers in the construction site a few days ago, professional contractors and labor service company of farmer workers ' wage schedules should be kept General Contracting enterprise of construction.

Schedule of wages for rural migrant workers should include payment, payment, payment amount, payment conditions, and at least 2 years. Migrant wages uniform issued by commercial banks, the employing unit shall work on the 10th of the month before by employer's dedicated account transfer directly to individual wages of migrant workers on a bank card.

Funds of the special account, up to the employer to make up. 12th construction units before going through the construction permit shall be in accordance with the construction contract 5 per thousand of the total contract price paid to the Department of human resources and social security administration migrant wages deposit, up to 2 million Yuan.

After completion of the building and construction applications, human resources and social security administrative departments in the 30th have been found at the farm workers ' wages shall within 5 working days after the expiry of the full return of the construction unit to pay wages for rural migrant workers bond principal and interest.

Wages for rural migrant workers pay for enterprises with good credit records can pay less migrant wages deposit amount.

Migrant wages deposit payment, use and return of minors shall be made public.

Migrant wages deposit paid, and the return of the specific measures shall be formulated separately by the City Department of human resources and social security administration.

13th construction administrative departments at the time of issuance of the construction permit, shall examine the project payment of wages for rural migrant workers deposit and the establishment of special accounts, found to have unpaid migrant wages of deposits, the establishment of special accounts, units should be requested in accordance with the relevant provisions of the measures to pay wages for rural migrant workers bond, establishment of a special account of the relevant procedures.

14th no unit or individual is allowed to contract disputes, project cost is contractual disputes, such as by default or deduction of wages for rural migrant workers, may not work or unpaid wages by instigating, inciting migrant workers surrounded the street and the Government organs, mass pay, ill pay.

15th is not in accordance with the provisions of article set up special accounts or the allocation of temporary payment of wages for rural migrant workers, ordered by the administrative authority to correct; it refuses, fined 10,000 yuan and 50,000 yuan fine.

16th, failing to pay wages for rural migrant workers bond, the Department of human resources and social security administration ordered corrected; refuses, fined 10,000 yuan and 50,000 yuan fine.

17th the employer, the employer is not in accordance with the provisions of article set up special accounts and paid wages for rural migrant workers has not yet paid and payment of wage margin, farm workers ' wages for rural migrant workers, subject to administrative punishment, law recorded in the credit file and published.

Construction administrative departments may, in accordance with its market access and bidding qualification and new project construction licenses and other restrictions.

18th an employer owed wages for rural migrant workers, migrant workers can apply for payment order to a people's Court according to law. Article 19th of the employer or any of the following circumstances, the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security to deal with constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) malicious arrears agricultural migrant workers wage, or to agricultural migrant workers wage was arrears for by, encouraged, and incitement farmers workers containment road and government organ, and mob please paid, and malicious please paid of; (ii) to fraud money for purpose, take forged farmers workers roster, and work record cards single, and wage ious, and wage table, and construction contract, information, provides false situation, lied about case of; (three) to violence means treats farmers workers please paid of.

Methods of transfer of assets or go into hiding to avoid paying wages for rural migrant workers or have the ability to pay and not paid wages for rural migrant workers in relatively large, ordered and paid for by the relevant government departments are still not paid, shall be investigated for criminal liability.

20th administrative organs and their staff in the supervision and administration of payment of wages for rural migrant workers in abuse of power, negligence, malpractice, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

21st of municipal construction administrative departments and municipal human resources and social security administrative departments shall, in accordance with these measures, formulate specific implementing rules.

22nd the following terms shall have the meanings herein: (a) the employer refers to investors and organizers of the construction project.

(B) the employer, is a building in this city directly recruit migrant workers in the field of construction general contract enterprise, professional contractors and labor service enterprises.

(C) housing construction, refers to the various buildings and ancillary facilities and its matching lines, piping, equipment installation, and Interior and exterior decoration project.

(D) municipal infrastructure projects, refers to the city roads, public transport, water supply, sanitation, drainage, gas, heat, Garden, sewage treatment, waste management, flood control, and underground utilities and ancillary facilities construction, piping, equipment installation works.

(E) these measures including the base, the following base is not included. 23rd these measures shall come into force from October 1, 2015. From the date of implementation of these measures had already started construction of building engineering and municipal infrastructure projects, and the remaining duration of the contract in more than 1 year, according to the provisions of these measures; the remaining duration of less than 1 year, in accordance with the measures of the regulations.

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