Anhui establishment of a long -term mechanism to ensure the payment of wages of migrant workers

On June 15th, in order to effectively prevent housing construction and municipal infrastructure engineering construction in the field of arrears of engineering funds and migrant workers' wages, and strengthened source governance, the Anhui Provincial Housing and Urban -Rural Development Department issued the "Establishment of a long -term mechanism to effectively protect the construction industry in the construction industry. Notice of Migrant Workers' Wage Payment ". The document will be implemented from July 1, 2022, with a validity period of 3 years.

Notice on establishing a long -term mechanism to effectively ensure the salary payment of migrant workers in the construction industry

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Each municipal housing and urban and rural construction bureau (Urban and Rural Construction Bureau), the Public Resources Trading Supervision Bureau, the Key Engineering Management Bureau, the Urban Management and Law Enforcement Bureau), Hefei, Luzhou, Suzhou, Fuyang, Huainan Housing Security and Real Estate Administration (House Management Bureau Management Bureau (House Management Bureau Bureau, Real Estate Management Service Center), Housing and Urban -Rural Development Bureau of Guangde City, Suusong County Housing and Urban -Rural Development, Public Resources Trading Authority, Key Engineering Administration, Urban Management Law Enforcement Bureau):

In order to effectively prevent housing construction and municipal infrastructure construction in the field of arrears of engineering funds and migrant workers 'wages, strengthen source governance, in accordance with the relevant provisions of the "Regulations on the Payment of Migrant Workers' Wage Payment" and "Anhui Province Construction Market Management Regulations" The long -term mechanism effectively guarantees the notice of the salary payment work of migrant workers in the construction industry as follows:

1. Comprehensively implement the salary payment guarantee system

The competent departments of housing and urban and rural construction at all levels should strictly implement the current management system for ensuring the salary payment of migrant workers in the construction industry, adopt strong control measures to seriously handle violations of laws and regulations.

(1) Real -name management system. Strictly implement the real -name management system of migrant workers in the construction industry. Construction general contracting enterprises or subcontracting enterprises shall establish labor contracts with the migrant workers they are recruited in accordance with the law, and rely on the construction workers' real -name management service platform to implement the real -name registration. All construction migrant workers (including temporary construction workers) who have not implemented real -name information registration shall not enter the construction site. The general contracting enterprise that does not implement the real -name system registration system, once verified, ordered corrections within a time limit and records bad credit; if they do not correct the time limit, the construction general contracting enterprise shall be given to the construction of new projects, reduce qualification levels, revoke qualifications in accordance with laws and regulations. Certificate and other processing. Flexible employment management, determine the age of employment in division, avoid the "super -age" of migrant workers in the construction industry; regularly conduct health inspections and strengthen safety education for "over -age" workers. Construction general contracting enterprises and subcontracting enterprises shall establish employment management accounts, and save them until the project is completed and the salary is all settled for at least 3 years.

(2) Special account system. Before the construction of the housing construction and municipal engineering construction project, the general contracting enterprise of construction shall open a special account of migrant workers' wages in the qualified commercial banks, and regulate the name of a special salary account in accordance with the supervision requirements. If there are two or above engineering projects under the construction of the project, the general contracting enterprise is under construction at the same time. It can open a new special account, or it can be managed under the project under the existing special account when it meets the regulatory requirements. Anyone who has not set up a special account or opens a dedicated account but has not been used and the special account funds are not specially used to pay the salary of migrant workers. Once verified, it is ordered to correct corrections within a time limit and record bad credit; The general contracting enterprise restricts the handling of new projects, reducing qualification levels, and revoking qualification certificates.

(3) Manual fee sharing system. The construction unit shall strictly implement the requirements of manual costs and other engineering models, in accordance with the contract agreement and actual construction progress, and pay the labor expenses to the special account of migrant workers' salary in this project for a monthly basis. In accordance with the relevant provisions of the construction process settlement, the monthly allocation of labor costs of the construction unit is not lower than the 20%of the monthly project settlement funds in principle; if it does not have the conditions for settlement and measurement in accordance with the contract, the labor cost is not lower than the project cost in principle. Total ÷ planned period (month) × 20%. The construction units that do not implement the manual fee sharing system shall be ordered to make corrections within a time limit and record bad credit as soon as they are verified. If they do not correct it within the time limit, they shall be punished in accordance with laws and regulations. The transfer of the human resources and social security department and other relevant departments shall be handled in accordance with the "Payment of Payment of Migrant Workers' Wage" and relevant laws and regulations.

(4) The system of general contracting enterprises. The housing construction and municipal engineering construction project implements a system of subcontracting enterprise migrant workers and wages. The subcontracting enterprise shall rely on the real -name management service platform of the construction workers, assess the workload of migrant workers and prepare the salary payment form on a monthly basis. After the signed and confirmed by the migrant workers them The contracting enterprise directly pays the salary to the social security card or bank card of the migrant worker through the special account of migrant workers. No unit or individual shall be detained or detained in disguise. The general contracting enterprise is strictly forbidden to enter the subcontracting enterprise account. Once the general contracting enterprise violated the agency system, once verified, it is ordered to make corrections within a time limit and records bad credit; if it is not corrected within the time limit, the construction general contracting enterprise shall be given to the construction of new projects, reduce qualification levels, and revoke qualification certificates in accordance with laws and regulations. Penalty. (5) Salary margin system. Before the construction of the housing construction and municipal engineering construction project, the general contracting enterprise of construction shall store the salary margin in the designated commercial bank account in accordance with the regulations of the local people's social department. salary. The salary margin is divided into differentiated management, and the exemption of enterprises that have not arrears in the arrears of wages within three years, and properly increase the storage ratio for enterprises with wages arrears. Promote the salary margin to pay the bank guarantee and guarantee insurance method. If the general contracting enterprise fails to store the salary deposit deposit deposit or does not provide a financial institution guarantee in accordance with the regulations, once verified, it is ordered to make corrections within a time limit and record bad credit; Reduce qualification levels and revoke qualification certificates.

(6) Payment and settlement system. The construction unit bears the primary responsibility for the payding of migrant workers, and the general contracting enterprise of construction shall bear the main responsibility of the migrant workers' salary payment. If the construction unit fails to allocate the progress of the project in accordance with the contract and pay the project on time on time, the wages of migrant workers shall be arrears, and the construction unit shall pay the arrears of migrant workers' wages based on the unsuccessful engineering funds. For the construction units that refuse to pay, record bad credit; those involved in government investment projects, record bad credit, timely transfer to the human resources and social security department and other relevant departments, in accordance with the "Payment of Payment of Migrant Workers' Wage", and relevant laws and regulations. Essence The construction unit has paid the progress of the project and settle the models on time in accordance with the contract, but the general contracting enterprise of construction has not been issued in the time, which will cause the migrant workers to be arrears. If the project transfer is arrears of the salary of migrant workers, the general contracting enterprise shall be settled first, and then recovers in accordance with the law. Once verified, the general contracting enterprise that refuses to settle first is ordered to make corrections within a time limit and record bad credit; if the overdue is not corrected, the construction general contracting enterprise shall be given to the new project, reduce the qualification level, and revoke the qualification certificate in accordance with laws and regulations. Wait for punishment.

(7) The publicity system. The general contracting enterprise shall set up a promotional information notice sign at a prominent location at the construction site, explicitly indicate the prescribed matters, and publicize the salary payment form confirmed by migrant workers every month. Once the construction general contracting enterprise that violates the publicity of rights protection, once verified, it is ordered to make corrections within a time limit and record bad credit; if it does not correct the time limit, a fine shall be given in accordance with regulations.

2. Classified establishment

Provincial, municipal, county (cities, districts) housing and urban and rural construction authorities shall hierarillate the establishment of an unusual list of wages of migrant workers in construction units and construction enterprises, and submit it to the human resources and social security department at the same level to record.

(1) The scope of classification

1. County -level list. If a general contracting enterprise or a subcontracting enterprise arrears with a salary of less than 500,000 yuan (including 500,000 yuan), or if the salary of migrant workers involves less than 10 people (including 10 people), the county (including 10 people), by the county (city city (city (city) , District) The competent department of housing and urban and rural construction shall order corrections within a time limit; if they refuse to make corrections overdue, they will be included in the county -level migrant workers' salary payment exception list. The construction unit is included in the construction unit of the migrant workers 'salary payment abnormalities due to the arrears of engineering models of the corresponding construction project, and it is included in the county -level migrant workers' salary payment exception list.

2. Municipal list. Construction general contracting enterprises or subcontracting enterprises owe migrant workers with a salary of more than 500,000 yuan, if 2 million yuan (including 2 million yuan), or arrears or for no reason, the salary of migrant workers is more than 10 people, 50 people (including 50 people (including 50 people (including 50 people ) The following, or the migrant workers' wages of migrant workers are seriously deducted, and the same enterprise has been included in the same enterprise in the same enterprise twice in one year. Payment of Wage Payment of Migrant Workers at the market. The construction enterprise is included in the construction unit of the municipal -level migrant workers 'salary payment abnormal list due to the arrears of the construction project, and it is included in the municipal -level migrant workers' salary payment exception list.

3. Provincial list. Construction general contracting enterprise or subcontracting enterprise arrears of migrant workers 'salary of more than 2 million yuan, or arrears or deducting the salary of migrant workers for more than 50 people, or arrears or deducted migrant workers' wages. If an abnormal list of salary payment of migrant workers at the city -level migrant workers, the Provincial Housing and Urban -Rural Development Department is included in the provincial migrant workers' salary payment exception list. The construction enterprise is included in the construction unit of the provincial migrant workers 'salary payment abnormalities due to the arrears of the project in the corresponding project, and it is included in the provincial migrant workers' salary payment exception list. (2) Strict punishment measures

The list of construction units and construction enterprises listed on the migrant workers' salary payment abnormalities through the media publicly published a list of construction units and construction enterprises. For the projects that are issued directly, the construction unit shall not contract the project to the construction enterprise included in the list. Construction general contracting enterprises shall not subcontract projects to professional contracting companies included in the list. Construction enterprises included in the list shall not participate in the selection of excellent construction enterprises in Anhui Province; construction units and construction enterprises listed into the list shall not apply for all kinds of high -quality projects; And other relevant departments shall be dealt with in accordance with the "Payment of Payment of Migrant Workers' Wage" and relevant laws and regulations. Construction enterprises listed in the provincial migrant workers' salary payment exception list restrict them to participate in the bidding of housing construction and municipal engineering construction projects in the province; And bidding for municipal construction projects.

(3) Specifications include procedures

The competent departments of the municipal, county (cities, districts) housing and rural construction departments propose to the construction units, lists of construction enterprises, and basic facts of construction units, construction enterprises, and basic facts of the construction enterprise, which are listed on daily inspections, special inspections, reporting complaints, and accepting letters and visits. The department's website is publicized; after accepting and handling the construction unit, the statement of the construction enterprise, and the director's office will be reviewed and approved, they will be announced to the public on the website of the department, and in writing to the construction units and construction enterprises that have If a government investment project construction unit shall inform them of the higher -level governments and competent departments. Written notifications must be stated in facts, identification basis, punishment measures, restrictions to move out and other matters that should be notified. The city, county (city, district) reported to the competent housing urban and rural construction department for the record within 7 working days after the end of the end. Provincial migrant workers' salary payment exception list is included in the procedure.

(4) Establish a restriction transfer system

The construction units and construction enterprises that are included in the migrant workers' salary payment abnormal list are calculated from the date of incorporation, and the restriction period is half a year. If the relevant provisions of the "Regulations on the Payment of the Payment of Migrant Workers' Wage Wages" during the restriction period will be removed from the departments, and the transfer vouchers will be issued by the included departments and will be announced. The construction units and construction enterprises that are included in the annual of migrant workers' salary payment abnormalities within 2 years from the expiration of the expiration period of the restriction period have been extended to one year by the restriction period.

3. Strengthen the source control

(1) Strictly build funds for review. For new housing construction and municipal engineering projects, the competent departments of housing urban and rural construction shall verify the approved construction scale and implementation of funds. The recording construction unit must be reviewed strictly. If the construction unit provides false certificates of funds, once it is verified, the construction permit is revoked, the construction permit is ordered to rectify the time limit, and the construction permit for other construction projects applied for during the rectification period will not be issued during the rectification period, and it will be announced to the public through the website of the department.

(2) Strict settlement of engineering price. To implement the engineering prepayment system, the project preparation approved by the construction unit shall not be less than 10%of the total contract price (deducting the temporary amount). Under the premise of construction conditions, the construction unit shall prepaid project funds within 7 days before the contract is signed or no later than the agreed date; implement the settlement of the construction process. Methods, according to the results of the project measurement, the mid -price settlement, the payment progress payment, and the payment of the payment of the payment price is not less than 80%of the mid -period settlement price. The construction unit shall not be arrears of the project on the grounds that the acceptance of the acceptance and the failure of the audit is not completed. The sub -project with qualified acceptance must be settled and paid within 6 months, otherwise it will be deemed to have intentionally arrears of the project funds. For construction units that violate the regulations, they record bad credit; those involved in government investment projects shall be transferred to the human resources and social security departments and other relevant departments, and shall be dealt with in accordance with the "Payment of Payment of Migrant Workers' Wage Payment" and relevant laws and regulations.

(3) Strict management and control of capital construction. It is forbidden to organize and build construction enterprises in various government investment projects. The construction units of government investment projects are implemented. Once verified, they have recorded bad credit and interviewed the person in charge of the construction unit. For social investment projects such as real estate development, if the construction unit is required, the construction unit must be clearly agreed in the bidding documents and construction contracts, the amount of funds, the interest calculation method, and the repayment period, and if it violates the agreed, records bad credit. For construction enterprises contracted by social investment projects, no subcontracting enterprises can be required to convert funds, otherwise, they may record bad credit.

(4) Strict implementation of engineering guarantees. The various types of margin in the field of engineering construction can be provided by guarantee letters, guarantee insurance, etc., and relevant departments and construction units shall not refuse. The housing construction and municipal engineering construction project implements the project fund payment guarantee system. The construction unit shall provide the construction contract with 8%-10%of the construction contract for the construction contract within 3 months of obtaining the construction permit. Engineering payment guarantees can be used by bank guarantees, guarantee insurance, and third -party guarantees. The construction units that cannot provide engineering funds can be provided as the construction funds that are not implemented, and the competent department of housing urban and rural construction shall be ordered to order correction within a time limit; if they do not make corrections within the time limit, the project will be ordered to stop the work and impose fines in accordance with the law. (5) Strictly regulate the contracting behavior. The contracting contract for the construction of the housing construction and municipal engineering construction project must be based on the "Demonstration of the Bidding Documents of the Housing Building and Municipal Infrastructure Engineering Project in Anhui Province". It is strictly forbidden to bids, subcontract, subcontract, lending qualifications, collecting project management fees for illegal regulations, and establishing a "yin and yang contract". Once verified, it is dealt with seriously according to law. The management staff of the construction site project department must be sent by the general contracting enterprise and effectively fulfill the corresponding management responsibilities. The general contracting enterprise shall not change the key positions promised by the bidding documents at will; if it is necessary to change it, it shall be signed and agreed by the main person in charge of the construction unit, stamped with the official seal, and the written report to the housing urban and rural construction of the project, the public resource transaction supervision department. Public service platforms and public resource transaction management platforms are available on the construction market.

(6) Strict quality margin management. The construction unit of the housing construction and municipal construction engineering project must clarify the proportion, period, and method of the reserved and returned in the bidding documents, and agreed with the construction enterprise in the construction contract; moon. After the defect liability period expires, the construction unit shall return the quality margin to the construction enterprise after deducting the lack of defects caused by the responsibility of the construction enterprise and the corresponding maintenance costs. In the completion and acceptance engineering project, no unit may use the quality problem of the project as a unilateral seizure of the project schedule or engineering settlement model that shall be allocated in accordance with the contract. For construction units that violate the regulations, record bad credit; construction units involving government investment projects, in addition to responsibility in accordance with the law, timely transfer to the human resources and social security department and other relevant departments, in accordance with the "Regulations on the Payment of Migrant Workers' Wage Payment" and relevant laws, and relevant laws, and relevant laws, and relevant laws, and relevant laws, and relevant laws, and relevant laws, and relevant laws, and relevant laws, and relevant laws, and relevant laws, and relevant laws, and relevant laws, and relevant laws. The regulations are handled.

4. Strengthen organizational implementation

(1) Responsibility. The main responsible comrades of the municipal, county (city, district) housing urban and rural construction departments are the first responsible person to ensure the salary payment of migrant workers in the construction industry in the region. Schedule, take forward command, timely coordinate research and solve problems, and ensure that the implementation of the salary payment guarantee system of various migrant workers is effective. Multiple measures, the primary responsibilities of the construction unit and the main responsibility of the general contracting enterprise, and establish and improve the long -term mechanism of cure arrears.

(2) Formulate rules. The competent municipal, county (city, district) housing urban and rural construction authorities shall, in accordance with public resource transactions, real estate management, key engineering management, urban management law enforcement and other departments, in accordance with the spirit of this notice, formulate and distribute the implementation rules for the implementation of the wages of migrant workers in the construction industry. Refine work measures, classify and refine specific indicators, formulate administrative processing and punishment operation standards, compact promotion responsibilities, and clarify guarantee measures. The implementation rules of each city were submitted to the construction market supervision office of our department before the end of July 2022 (the construction project bidding supervision and management office).

(3) Improve the system. The competent department of housing, urban and rural construction in each city shall rely on the credit management system to complete the addition of the credit evaluation function of the construction unit before July 20, 2022, record, collect, and share the credit evaluation results of the construction unit; complete the payment of wage payment of migrant workers in construction units and construction enterprises Functional development work such as the establishment of abnormal names, authority equipment, information sharing, and inquiries of matters.

(4) Strengthen supervision. Each city's housing urban and rural construction, public resource transactions, real estate management, key engineering management, urban management and other departments must strengthen departmental linkage, guide and urge the counties (cities, districts) to fully implement the system of paying for migrant workers' salary payment, establish arrears of cure Long -term salary mechanism, make good use of credit punishment, strictly regulate law enforcement, find problems, and solve them in time. Our hall will conduct supervision and inspection of the implementation of each city in a timely manner, and take the attention of leadership, inadequate implementation, lack of advancement, and high incidence of high income in arrears and arrears. measure.

This article is implemented from July 1, 2022, with a validity period of 3 years.

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