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Notice of Jiangsu Provincial Department of Housing, Urban and Rural Construction, Jiangsu Provincial Department of Human Resources and Social Security, People's Bank of China Nanjing Branch on Printing and Distributing the "Implementation Measures for Construction Workers' Real-Name Management and Wage Payment Guarantee Implementation in Jiangsu Province (Trial)"
Date: 2019-12-23 11:45 Source: General Office of Jiangsu Provincial People's Government Views: Times Font: [ Large Middle Small ]

Su Jianzhizi [2019] No. 4


District Urban and Rural Housing and Urban Construction Bureau (Committee), Human Resources and Social Security Bureau, Business Management Department of Nanjing Branch of the People's Bank of China, and Jiangsu Sub-branch:

In order to effectively strengthen the management of the real-name system of construction workers, implement the protection of wages, and safeguard the legitimate rights and interests of construction enterprises and construction workers, in accordance with the relevant provisions of the Construction Law, the Labor Contract Law, and the General Office of the State Council Opinions (Guobanfa [2016] No. 1), "Circular of the Ministry of Human Resources and Social Security of the Ministry of Housing and Urban-Rural Development on Printing and Distributing Construction Workers' Real Name System (Trial)" (Jianshi [2019] No. 18) and the "Province The spirit of the General Office of the People's Republic of China on the Implementation of the Comprehensive Governance of Arrears of Wages of Migrant Workers (Su Zhengban Fa [2016] No. 85) and other documents were jointly formulated by the Provincial Department of Housing and Urban-Rural Development, the Department of Human Resources and Social Security, and the Nanjing Branch of the People's Bank of China. The "Implementation Measures for Construction Workers' Real-Name Management and Wage Payment Guarantee in Jiangsu Province (Trial)" was reviewed and approved by the Executive Meeting of the Provincial Department of Housing, Urban and Rural Construction on November 8, 2019, and is now being issued for implementation on December 10, 2019.

Attachment: Measures for the Implementation of Real-name Management and Wage Payment Guarantee for Construction Workers in Jiangsu Province (Trial)

Department of Housing and Urban-Rural Development of Jiangsu Province

Department of Human Resources and Social Security of Jiangsu Province

People's Bank of China Nanjing Branch

November 21, 2019

annex

Measures for the Implementation of Real-name Management and Wage Payment Guarantee for Construction Workers in Jiangsu Province (Trial)

Article 1 In order to strengthen the management of real-name system of construction workers, implement the protection of wage payment, and safeguard the legitimate rights and interests of construction enterprises and construction workers, in accordance with the relevant provisions of the Construction Law, the Labor Contract Law, and the General Office of the State Council on comprehensive management of wage arrears of migrant workers. Opinions on Issues (Guobanfa [2016] No. 1), Notice of the Ministry of Human Resources and Social Security of the Ministry of Housing and Urban-Rural Development on Printing and Distributing Construction Workers' Real Name System (Trial) (Jianshi [2019] No. 18) and The spirit of documents such as the Implementation Opinions of the General Office of the Provincial Government on Comprehensively Governing the Arrears of Wages of Migrant Workers (Su Zheng Ban Fa [2016] No. 85) and other documents, combined with the actual conditions of our province, formulated these measures.

Article 2. These measures apply to real-name system management, wage payment guarantee, and supervision and management of construction workers in housing construction and municipal infrastructure projects within the administrative region of the province.

Article 3 The real-name system of construction workers referred to in these Measures refers to a system that comprehensively manages the employment, training, skills, rights and interests of construction workers employed by construction enterprises by authenticating their identity information. Project management personnel and construction workers of construction units, construction enterprises, supervision units that enter the construction site should be included in the construction workers' real-name system management.

The construction enterprises mentioned in these measures refer to general contracting enterprises and subcontracting enterprises. A general contracting enterprise refers to a professional contracting enterprise that performs general contracting for construction, general contracting for engineering, and directly signs contracts with construction units in accordance with law. A subcontracting enterprise refers to a professional contracting construction enterprise or a construction labor service enterprise that undertakes subcontracting projects according to law.

The special account for wages of construction workers referred to in these measures refers to the special account for wages opened by the general contracting enterprise at the bank where the project is located, taking the project as a unit, to pay the wages of the employed construction workers.

Article 4 The Provincial Department of Housing and Urban-Rural Development and the Provincial Department of Human Resources and Social Security shall guide and supervise the implementation of real-name system management and wage payment guarantee for construction workers in accordance with their respective divisions of responsibilities.

Each district, city, county (city) administrative department of housing and urban-rural construction (hereinafter referred to as the housing urban-rural construction department) and human resources and social security departments are responsible for real-name system management of construction workers in their respective administrative areas based on the division of responsibilities, and urge construction enterprises to fully implement the construction site Requirements for real-name management of construction workers.

Article 5 The principle of "whoever is contracted and who is responsible, and the general contractor shall be responsible for the general contract" shall be guaranteed for construction workers' wages. The general contractor shall bear the overall responsibility for the wages paid to the construction workers of the contracted project. Paying wages bears direct responsibility. A construction enterprise shall not deduct or owe wages to construction workers on the ground that the project receivables have not been recorded.

Article 6 A construction enterprise shall specify that full-time personnel are responsible for specific tasks such as real-name management of construction workers and payment of wages. The name and contact phone number of the full-time personnel shall be publicized on the "construction workers' rights notice board".

Article 7 The Provincial Department of Housing and Urban-Rural Development is responsible for establishing a unified construction worker real-name system information management service platform and sharing data with the national construction worker real-name system management service platform. The district, city, and county (city) housing urban and rural construction departments shall, in accordance with the real-name system management authority, check the real-name system management information and wage payment information submitted by construction enterprises within their jurisdiction to ensure that the data in the real-name system are complete.

Article 8 Construction enterprises use the real-name information management service platform for construction workers in Jiangsu Province (hereinafter referred to as "real-name platform") to authenticate their construction workers and project managers with real-name information and be responsible for the authenticity of the information.

Article 9 Construction workers entering the construction site shall receive safety training and registration of relevant data under the real-name system. Construction workers who have been registered in the provincial real-name system. If there is no data update for more than 1 year (including 1 year), when they are engaged in construction work again, construction enterprises should re-safety training, record relevant information, and do not enter the construction site without safety training operation.

Article 10 The construction general contractor (or project general contractor) is responsible for the real-name management of the construction site. Projects with closed management conditions should be equipped with the necessary hardware facilities and equipment necessary for real-name management, set up entrance and exit systems, and use biometric technologies such as faces, fingerprints, and iris for attendance; projects without closed management conditions, Attendance management should be implemented using technologies such as mobile positioning and electronic fences. Relevant electronic attendance and electronic files such as images and videos shall be stored for at least 2 years.

Article 11 The construction workers entering the construction site on the same day are recorded by the time and attendance equipment at the construction site, and the recorded time and attendance information is generated through a real-name system time sheet.

Article 12 The real-name system platform and the "Information System of Jiangsu Province Labor Relations Monitoring and Early Warning Rights Dispatching Command Center" realize information interconnection and sharing. The relevant data standards are jointly formulated by the Provincial Department of Housing, Urban and Rural Construction and the Provincial Department of Human Resources and Social Security.

Article 13 Wages and construction funds of construction workers shall be managed separately. Construction units shall, in accordance with the contract of the construction contract, pay the construction funds to the construction enterprise in full and on time, and deposit the construction workers' wages in the special account for wages.

Article 14 The wage payment system for construction workers shall be implemented on the basis of a bank distribution system. The general contracting enterprise shall, in accordance with the principle of voluntariness, select a bank connected to the real-name information platform to establish a special account for construction workers' wages. When the general contractor opens a special wage account, it shall sign an account management agreement with the special wage account management bank to ensure the security and confidentiality of the funds on behalf of the special account.

Article 15 The salary payment form for construction workers shall be entered into the real-name platform in a timely manner after being signed and confirmed by the construction workers themselves. The longest period of wage payment shall not exceed one month. For temporary employees with less than one month of employment, the wages shall be paid in a lump sum within 2 working days from the date of end of employment.

Article 16 The management bank for the special account for wages of construction enterprises shall transfer the wages of construction workers to the individual accounts of construction workers on a monthly basis in accordance with the construction worker's salary distribution form, and at the same time, feedback the payment information to the real-name system platform.

Article 17 If the construction unit fails to pay the project progress payment and construction worker's wages in accordance with the contract, the construction unit shall bear the direct responsibility; if the general contracting enterprise fails to pay the wages of the employed construction workers in full and monthly according to the contract, the general contractor The enterprise bears direct responsibility; the wages of the workers in the subcontracted enterprise shall be paid by the general contractor. The subcontracted enterprise shall submit the monthly salary list to the general contractor each month, and shall be responsible for verifying the salary distribution.

Article 18 The district, city, and county (city) housing urban and rural construction departments may supervise and inspect construction enterprises to implement the construction workers wage payment guarantee system before the project is completed and accepted. After the project is completed and accepted and the construction workers' wages are settled, the construction enterprise may cancel the special account for wages.

Article 19 All regions shall establish and improve a linkage mechanism in which relevant departments jointly participate and cooperate, effectively solve the problem of wage arrears of construction workers in the field of engineering construction, implement the supervision responsibility of real-name platform, and form source prevention, departmental linkage, dynamic supervision, and disciplinary punishment. The combined guarantee system strengthens the supervision and management of construction sites and safeguards the legitimate rights and interests of enterprises and employees.

Article 20 Each district, city, county (city) housing urban and rural construction department and human resources and social security department shall not designate construction enterprises to purchase related products in the name of construction workers' real-name system management, which will increase the additional burden on enterprises.

Article 21 Expenses incurred in the management of the real-name system shall be collected in accordance with the Proclamation of the Provincial Department of Housing, Urban and Rural Construction on the Method for Calculating the Cost of Real-name System for Construction Workers ([2019] No. 19).

Article 22 Each district, city, county (city) housing urban and rural construction department and human resources and social security department shall supervise and inspect the implementation of real-name system management for construction workers, and adopt units and departments that fail to implement their responsibilities and organize their work in place. Interview with relevant responsible persons and other methods to urge the implementation. If the circumstances are serious, the relevant departments are requested to hold accountability.

Article 23 Each district, city, county (city) housing urban and rural construction department shall, in conjunction with the human resources and social security department, strengthen the implementation of the real-name system management system for construction workers in construction areas within the administrative area in accordance with the requirements of "double random and one open" Daily inspection of the situation, investigation and handling of complaints and reports related to the management of real-name system of construction workers.

Article 24 Anyone who violates the labor protection rights of construction workers by not signing a labor contract, participating in work injury insurance, or owing wages in accordance with the law shall be dealt with by the human resources and social security department together with relevant departments according to law; and the illegal issues involving the functions of other departments Or case clues should be promptly transferred to relevant departments for processing according to the division of responsibilities.

Article 25 Anyone who finds that a construction enterprise or an individual has committed fraud, omission or concealment shall be ordered to make corrections within a time limit. If the rectification is refused or the rectification is not in place, it may be included in the key supervision targets for dynamic verification of construction enterprise qualifications. For construction enterprises that are in arrears with the wages of construction workers, increase the payment ratio of construction workers' wage deposits in accordance with the provisions of the annex, and record related bad behaviors in corporate or personal credit files, and make them public to the public through the integrated market supervision and integrity information platform.

Article 26 The urban and rural construction and human resources and social security departments of each district, city, and county (city) shall formulate specific implementation measures in accordance with local conditions.

Article 27 These Measures shall come into effect on December 10, 2019, and shall be valid for two years.

Attachment: The salary wage standard to be paid due to arrears of wages of construction workers


annex

Due to arrears of wages of construction workers, the standard of wage deposits to be paid must be increased

1. Construction enterprises that should not pay wages to construction workers within two years prior to depositing the deposit shall deposit the deposit at 2% of the contract price. Construction companies that should not pay construction workers wages in the past two years before deposit deposits, and open construction workers 'special accounts in banks, establish construction workers' real-name management information system, and operate effectively, pay 1% of the contract price Margin. The balance of the deposit paid by the same construction enterprise in the same district / city / county (city) area shall not exceed 800,000 yuan.

Construction enterprises that have not owed wages to construction workers within five years before deposits should be paid, and construction companies that open special wage accounts for construction workers, establish real-name management information systems, and operate effectively at banks are exempt from deposits.

For construction enterprises that have been in arrears with the wages of construction workers within two years prior to the deposit payment, newly reported construction projects shall pay a deposit of 3% of the contract price for the record; For construction projects, a deposit of 4% of the contract price shall be paid. The balance of the deposit paid by the same construction enterprise in the same city, county (city) area shall not exceed 1.6 million yuan.

2. Construction companies that have deposited deposits in cities, counties (cities) for three consecutive years and have not defaulted on the wages of construction workers shall return the deposits at a rate of 80%; if there is no follow-up project, all deposits shall be returned Balance. When returning the deposit, the interest will be refunded together.

3. In the case of construction workers' wage arrears, the relevant administrative department in charge shall take measures in a timely manner to urge them to pay within a time limit.

If the construction enterprise deliberately delays or refuses to fulfil the obligation to pay construction workers wages for more than a specified period of time, the relevant administrative department in charge of the project construction site may use the security deposit to pay the construction worker's wages owed by the responsible construction enterprise.

The construction enterprise shall, within 30 days of using the security deposit to pay the construction workers' wages, deposit the security deposit at twice the amount used.


View and download the PDF version of the bulletin: Notice of Jiangsu Provincial Department of Housing, Urban and Rural Construction, Jiangsu Provincial Department of Human Resources and Social Security, People's Bank of China Nanjing Branch on Printing and Distributing the "Implementation Measures for Construction Workers' Real Name System Management and Wage Payment Guarantee (Trial)" in Jiangsu Province (Su Jianzhi Zi [2019] No. 4) .pdf

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