Chapter I General Provisions
Article 1 In order to standardize the labor and employment behaviors in the construction field, protect the legitimate rights and interests of migrant workers, and prevent the occurrence of wage arrears for migrant workers, these implementation measures are formulated in accordance with the Regulations on Labor Security Supervision, the Measures for the Administration of Wage Payment for Migrant Workers in the Construction Field of Xinjiang Uygur Autonomous Region, and the Interim Measures for the Administration of Wage Margin for Migrant Workers in Xinjiang Uygur Autonomous Region, combined with the actual situation of this Municipality.
Article 2 These Measures shall apply to the construction units (including general contracting, professional contracting and labor subcontracting, hereinafter referred to as construction units) and construction units that use migrant workers in various new construction, expansion and reconstruction projects such as housing construction, municipal infrastructure, highways, water conservancy, railways and communications within the administrative area of this Municipality, as well as migrant workers who have formed labor relations with them.
The term "migrant workers" as mentioned in these Measures refers to people with agricultural registered permanent residence working in cities and towns.
The term "wages" as mentioned in these Measures refers to the labor remuneration paid by the construction unit to migrant workers in the form of money according to relevant national laws and regulations or labor contracts.
Article 3 The complaint reporting, reception and acceptance, case investigation, supervision and inspection of wage arrears of migrant workers in the construction field shall be subject to territorial management (except for enterprises entering Xinjiang), and the municipal administrative department of labor and social security shall be the administrative department of labor and employment in the construction field.
Article 4 The municipal administrative department of labor security shall be responsible for guiding, urging and coordinating the administrative department of labor security of the district (county) to solve the problem of wage arrears for migrant workers in the construction field, and shall be responsible for the implementation of the wage guarantee management system for migrant workers in the whole city.
The district (county) administrative department of labor and social security shall supervise, inspect and deal with the employment situation of the construction units of engineering projects within their respective administrative areas, and coordinate other departments to organize the implementation according to their respective responsibilities.
Construction, public security, industry and commerce, supervision, justice, trade unions, comprehensive administrative law enforcement, water affairs, transportation and other administrative departments shall, within the scope of their respective functions and duties, cooperate with the administrative departments of labor and social security to manage and supervise the wage payment of migrant workers within their respective administrative areas according to law.
Chapter II Labor Employment Management
Fifth construction units should sign labor contracts with migrant workers according to law.
Article 6 A labor contract shall contain the following contents:
(a) the name, domicile and legal representative or principal responsible person of the construction unit;
(2) The name, domicile and number of the employee's identity card or other valid identity documents;
(3) The term of the labor contract;
(4) Work content and work place;
(five) working hours and rest and vacation;
(6) Labor remuneration;
(7) Social insurance;
(eight) labor protection, working conditions and occupational hazard protection;
(nine) other matters that should be included in the labor contract as stipulated by laws and regulations.
Article 7 The construction unit shall comprehensively establish a system of "one book, three accounts, one certificate and one card" for labor and employment (in which: one book is an attendance book; The third account is the salary, attendance and labor contract management account; A certificate is the professional qualification certificate of employees; A card is a billboard for migrant workers to protect their rights.
Article 8 The construction unit shall designate a special person as a recorder to strengthen the registration, review, confirmation and management of the attendance record book of migrant workers.
The Attendance Book of Construction Workers in Urumqi is held by migrant workers themselves and serves as an effective voucher for the payment of wages to migrant workers. The attendance record book mainly records the basic information, work contents, working hours of the construction unit and migrant workers, and is confirmed by the recorder and the team leader.
Article 9 The construction unit shall establish a wage management ledger, truthfully compile the Monthly Report on Wage Management of Migrant Workers in the Construction Field of Urumqi, and publicize it on the construction site every month. Salary management account should be reported to the administrative department of labor and social security where the project is located for the record before 5 days of the first month of each quarter.
Article 10 The construction unit shall establish an account for attendance management of migrant workers. The Management Account of Migrant Workers' Attendance in Urumqi Construction Field will serve as an effective basis for the construction unit to pay wages to migrant workers. The account shall be kept for at least 2 years for review by the administrative department of labor security and construction, and shall be publicized on the construction site every month.
Article 11 The construction unit shall establish a labor contract management account for migrant workers, and the Labor Contract Management Account for Migrant Workers in the Construction Field of Urumqi shall be kept for at least 2 years for review by the labor security and construction administrative departments.
Article 12 Skilled workers in the construction field shall implement the vocational qualification certificate and employment access system in accordance with the catalogue of jobs (occupations) with vocational qualification certificates attached to the Regulations on Recruiting Skilled Workers (Order No.6 of the Ministry of Labor).
Thirteenth whoever does not hold the national vocational qualification certificate shall not be allowed to enter; For migrant workers engaged in technical jobs, the construction unit shall conduct training in accordance with the relevant requirements of the national vocational (skill) standards, and can only take up their posts after reaching the corresponding vocational skills requirements.
Article 14 The construction unit shall set up a notice board on the labor security rights and interests of migrant workers in a striking way at the construction site. The format and content of the bulletin board are designed by the municipal labor and social security administrative department. The contents mainly include that enterprises should sign labor contracts with migrant workers, migrant workers' wages should be paid monthly, local minimum wage standards, monthly wage settlement and payment, labor security supervision and reporting telephone numbers and addresses, etc.
Chapter III Management of Wage Payment for Migrant Workers
Article 15 The construction unit shall, in accordance with the date and wage standard agreed in the labor contract, pay the wages of migrant workers in full monthly in the form of currency, and shall not arbitrarily deduct or default without reason on the grounds of defaulting on the project payment, resolving disputes, and paying for construction.
Article 16 The monthly wage standard agreed in the labor contract shall not be lower than the minimum wage standard for the employees of enterprises in this Municipality.
Seventeenth construction units shall strictly implement the Interim Provisions on Wage Payment of the Ministry of Labor, and pay the wages directly to the migrant workers themselves, and the wages shall be signed and confirmed by the migrant workers themselves, and shall not be paid to organizations and individuals who do not have the qualification of employment.
Article 18 If a migrant worker is unable to receive wages for some reason and entrusts others to receive them on his behalf, the client shall provide the construction unit with a power of attorney signed or sealed by the client and a copy of his identity card (or other legal and valid identity documents).
Nineteenth general contracting enterprises and professional contracting enterprises shall, in accordance with the provisions, contract and subcontract the project to labor subcontracting enterprises with the qualification of employment subject, and supervise the labor subcontracting enterprises to pay the wages of migrant workers. The general contracting enterprise shall verify the completed subcontracting quantities on a monthly basis, allocate the subcontracting project funds, and ensure that the subcontracting enterprise pays the wages of migrant workers on a monthly basis.
Article 20 If the construction unit is really unable to pay the wages on schedule due to difficulties in production and operation, which affects the cash flow, it may postpone the payment of the wages of migrant workers for a maximum of 1 month after reaching an agreement with the trade union or representatives of migrant workers on the reasons, time limit and solutions for the delay, and reporting it to the labor security administrative department and the construction administrative department for the record.
Twenty-first the establishment of the construction unit wage payment credit file system. If the construction unit defaults on the wages of migrant workers due to force majeure, it will be recorded as a bad behavior in the credit file of the construction market, and it shall not undertake the project again within two years, and the municipal labor and social security administrative department shall, jointly with the construction and industrial and commercial administrative departments, deal with it according to law.
Chapter IV Management of Wage Margin for Migrant Workers
Article 22 All construction units (including general contracting, professional contracting and labor subcontracting enterprises) that carry out new construction, renovation (including decoration and renovation projects) and expansion projects within the administrative area of this Municipality shall pay the wage guarantee for migrant workers in accordance with the provisions of these Measures before handling the construction permit for construction projects.
Twenty-third municipal labor and social security administrative departments shall designate local banks to set up unified accounts for migrant workers' wage deposits, and banking institutions shall set up unit accounts for all construction units under the unified accounts.
The wage deposit for migrant workers shall be deposited by the construction unit according to the regulations. When the construction unit allocates the project price, it shall, in accordance with the proportion as stipulated in Article 29 of these Measures, separately list the wage deposit cheque of migrant workers in the construction unit and directly transfer it to the special enterprise account for wage deposit of migrant workers. The transferred funds should be listed as paid project funds.
Twenty-fourth information required by the construction unit to open a special account:
(1) business license (original);
(2) Organization code certificate (original);
(3) tax registration certificate (national tax, local tax);
(4) Identity card of the legal representative;
(5) basic deposit account account opening permit;
(six) the construction contract of the project (including reconstruction, expansion and decoration);
(7) Application for opening an account;
(eight) other information that should be provided.
Article 25 After the migrant workers' wage security deposit is deposited in the special bank account, the banking institution shall sign the confirmation opinion on the Confirmation Sheet of Migrant Workers' Wage Security and affix the seal of the bank, and the construction unit shall register with the municipal labor security administrative department with the Confirmation Sheet of Migrant Workers' Wage Security.
Twenty-sixth construction units and construction units in the construction permit, should be issued by the banking institutions and the municipal administrative department of labor and social security issued by the * * * proof of identity of the "migrant workers wage deposit confirmation form"; Failing to deposit the wage margin of migrant workers in accordance with the prescribed proportion, the administrative department in charge of construction (transportation, water, etc.). ) shall not handle the construction permit formalities for it; For projects that have already started, the administrative department of construction (transportation, water affairs, etc.). ) ordered to suspend construction, and in accordance with the provisions of the proportion of migrant workers wages deposit, can be approved to return to work. The losses caused by the suspension of construction shall be borne by the unit that has not received the deposit in full.
Twenty-seventh migrant workers' wages margin is specially used for emergency payment when the wages of migrant workers are in arrears. Apply for the use of migrant workers' wage margin, the construction unit shall fill in the "declaration form for the payment of migrant workers' wage margin", and the banking institution may handle the transfer payment procedures after the municipal labor security administrative department has examined and signed the opinions. The municipal labor and social security administrative department shall supervise the payment of the wage deposit for migrant workers extracted by the construction unit.
Twenty-eighth construction units in any of the following circumstances, can be paid in advance from the wages of migrant workers:
(a) the construction unit is in arrears with the wages of migrant workers, which is confirmed by both parties;
(two) the person in charge of the construction unit or the person in charge of the project escapes or dies, resulting in arrears;
(three) the construction unit will pay the wages of migrant workers to organizations or individuals that do not have the qualifications of employment subjects, resulting in arrears;
(four) the labor subcontracting enterprise fails to pay the wages of migrant workers in accordance with the relevant provisions, resulting in arrears;
(five) other circumstances caused by the wage arrears of migrant workers.
Twenty-ninth construction units shall deposit the wages of migrant workers according to the following standards:
(a) the project contract price is less than 5 million yuan, according to the project contract price of 4% in advance;
(2) If the project contract price exceeds 5 million yuan to100000 yuan, 3% of the project contract price shall be paid in advance;
(3) If the project contract price exceeds 6,543,800,000 yuan to 6,543,800,000 yuan, 2% of the project contract price shall be deposited in advance;
(4) If the contract price of the project is more than 1 100 million yuan, it shall be pre-stored according to 1% of the contract price of the project;
(5) 8% of the project contract price shall be reserved for projects without materials.
Thirtieth after the adjustment of the project contract price, the additional part shall pay the deposit to the migrant workers according to the proportion stipulated in Article 29 of these Measures.
Thirty-first when the deposit of migrant workers' wages deposited by the construction unit is insufficient, the municipal labor security administrative department shall promptly order the construction unit to repay it within a time limit.
Thirty-second construction units abide by the law and integrity, and have not defaulted on the wages of migrant workers in the past two years after the employment audit. The wages of migrant workers shall not be deposited in advance in that year.
Article 33 Before the completion of the project, the construction unit will publicize the payment of migrant workers' wages in a prominent position in the migrant workers' residence or construction site for 5 days, and if there is no complaint about migrant workers' unpaid wages within 5 days, the construction unit may apply to the municipal labor and social security administrative department for the withdrawal of migrant workers' wage deposit.
Thirty-fourth construction units to apply for the withdrawal of migrant workers' wages margin, need to provide the following information to the municipal labor security administrative department:
(a) the original and photocopy of the construction contract and labor service contract;
(2) The original and photocopy of the enterprise qualification and business license;
(3) A report on the application for returning the wage security deposit for migrant workers;
(four) after the completion of the project acceptance certification documents (original and photocopy);
(five) migrant workers' salary payment table and completion record report;
(six) the original and photocopy of the invoice for the payment of wages for migrant workers.
Article 35 After the examination and verification by the municipal administrative department of labor and social security, it is confirmed that the construction unit has not defaulted on the wages of migrant workers, and after signing the confirmation opinion on the Application Form for Payment of Migrant Workers' Wage Margin and affixing the seal of the department, the banking institution may withdraw the principal and interest of migrant workers' wage margin from the construction unit at one time.
Thirty-sixth the construction unit fails to fulfill the obligation to allocate funds from the special account for migrant workers' wages, resulting in the arrears of wages for migrant workers, and the responsibility of the person in charge of the unit and the relevant parties shall be investigated.
Article 37 If the general contracting enterprise contracts the project to a professional contracting enterprise or a labor service company with independent legal personality, the wage security deposit for migrant workers shall be extracted by the general contracting enterprise in accordance with the prescribed proportion and deposited in the special account for wage security deposit for migrant workers; In case of wage arrears for migrant workers, the general contracting enterprise shall bear joint and several liability.
Thirty-eighth after the return of the wage deposit is still in arrears with the wages of migrant workers, the municipal labor and social security administrative department shall severely deal with the responsible units and responsible persons according to law and publicly expose them.
Chapter V Supervision and Administration
Thirty-ninth construction units in any of the following circumstances, migrant workers have the right to complain to the administrative department of labor security, or apply for labor arbitration according to law.
(a) the construction unit fails to sign a labor contract with migrant workers according to law;
(two) the construction unit fails to pay the wages of migrant workers on schedule;
(three) the construction unit fails to pay the wages of migrant workers according to the labor contract;
(four) the wage payment standard is not clear, and the wages paid by the construction unit are lower than the minimum wage standard of this Municipality;
(five) other effects on the payment of wages of migrant workers.
Fortieth if the construction unit fails to sign a labor contract with migrant workers according to law, the administrative department of labor security shall deal with it in accordance with the Regulations on Labor Security Supervision and relevant laws and regulations.
Article 41 Where a general contracting enterprise or a specialized contracting enterprise subcontracts labor services to an organization or an individual who does not have the qualification of employment subject, resulting in arrears of wages or the contractor's escape, the contracting-out unit shall be jointly and severally liable for paying off the wages owed to migrant workers.
Forty-second general contracting enterprises and professional contracting enterprises have not signed labor subcontracting contracts with labor service enterprises, which shall be punished by the construction administrative departments according to law and recorded in the credit files of the construction market as bad behavior.
Article 43 If a construction unit, in violation of regulations, recruits workers who have not obtained corresponding professional qualification certificates to engage in technical jobs, the administrative department of labor security shall order them to make corrections and punish them according to law.
Forty-fourth unpaid wages of migrant workers without reason, the administrative department of labor security shall order the construction unit to pay the wages of migrant workers within a time limit. If the wages are not paid within the time limit, the construction unit shall be ordered to pay compensation to the migrant workers according to the standard of more than 50% 1 times of the wages in arrears, and shall be punished according to law.
Article 45 If the construction unit fails to provide wages, attendance, labor contract management account and relevant wage payment vouchers within the prescribed time limit, the administrative department of labor security shall order the construction unit to pay the wages of migrant workers with reference to the wage standards for similar posts of similar enterprises. If it fails to pay within the time limit, it shall be dealt with severely according to law.
Forty-sixth after the construction unit pays the wages of migrant workers in accordance with the national wage payment regulations, the municipal labor and social security administrative department shall issue the Certificate of Employment Credit of Construction Enterprises and No Arrears of Wages for Migrant Workers.
If the construction unit defaults on the national wage payment regulations or deducts the wages of migrant workers, it will be recorded as a bad behavior in the credit file of the construction market, and the municipal labor and social security administrative department will inform the relevant departments of the relevant situation.
The construction administrative department may restrict the market access, bidding qualification and construction permit of its newly started projects according to law, and give corresponding punishment.
Forty-seventh construction, transportation, water and other administrative departments did not strictly perform their duties, resulting in the construction unit in arrears of wages for migrant workers or mass petitions, the responsibility of the person in charge of the unit and the parties concerned shall be investigated according to law.
Forty-eighth labor and social security, construction, industry and commerce, public security and other administrative departments. In accordance with the law, we will increase the punishment for construction units that are in arrears with the wages of migrant workers, order them to suspend business for rectification, reduce or cancel their qualifications according to law, and deal with relevant personnel according to law.
Forty-ninth refuse or obstruct the administrative department of labor and social security to perform official duties according to law when solving the wage problem of migrant workers, and the public security department shall punish them in accordance with the Law of People's Republic of China (PRC) on Public Security Administration Punishment; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 50 Any functionary of a state organ who abuses his power, neglects his duty or engages in malpractices for personal gain in preventing and stopping the wage arrears of migrant workers shall be investigated for administrative responsibility according to law; If it constitutes a crime, it shall be transferred to judicial organs for handling according to law.
;