Zhengzhou Henan proposed legislation to prohibit migrant workers to get paid
caixinwang· 2016-04-27 07:29:06
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[money] (reporter Lin Zizhen) in the event of a wages of construction enterprises prone, migrant workers to discuss hard-earned money out of tricks to make the moment, the construction industry how to regulate market management, strangling the problem of arrears of wages? < p > Henan Zhengzhou recently brewing introduced version of "Zhengzhou City construction market regulations (Draft)" (hereinafter referred to as the "draft"), intends to implement the labor wage guarantee fund system, dedicated account wages system, and implementation of the real name management of services, the establishment of credit management system. The draft will also climb buildings, power outages, such as pay pay clear legislative column. < p > developer and contractor of construction enterprises shall pay wage guarantee gold < prior to the public to solicit opinions according to draft and construction will implement labor wages security payments system. Construction project before the start, the construction unit and construction unit shall pay wages in accordance with the relevant provisions of the payment of wages, in the local government designated regulatory accounts. < draft plan, the construction project implementation of dedicated account wages system: general contracting construction enterprises in engineering of the location of the bank to set up special accounts of wages and through a dedicated account directly to the employee payment of wages, the construction unit should be in accordance with the progress of the project in a timely manner to the special account for salary disbursement of funds.
special account no money how to do? Draft proposed regulations, pay special account by the bank, responsible for day-to-day supervision; bank account of insufficient funds, appropriated by found should be promptly to the competent administrative department of urban and rural construction or other relevant departments report. In addition, the general contracting units, professional contracting units, construction service units should be approved by a monthly wage workers, and to be published.
labor wage protection fund system is not new". 2008 release of "the State Council about solving the problem of migrant workers a number of opinions" (Guo Fa  document No. 5), puts forward the establishment of wage payment control system and the system of wage margin, provisions "occurred in arrears of wages of employer, forced open an account in the bank to pre deposit wage margin, implement account management", "to focus on monitoring of construction enterprises implement the wage guarantee system." < long-term observation of the workers living conditions of Beijing in the human culture development center social worker Li Dajun to money new reporter, early construction enterprises to advance payment wages requirements for the protection of the gold, implementation is not smooth. In fact, most of the total construction contract enterprises aroused when building a house for the real estate business into the factory. If at the same time, the bank can not be moved to pay the security deposit, will further exacerbate the difficulty of capital turnover of construction enterprises.
he told the new financial reporter, according to the draft, the new regulations will be the construction unit and the construction unit together as the payment of wages to protect the responsible party, more than the provisions of the early years. "This part of the responsibility of the construction unit (that is, the real estate developers) who, or more reasonable and easier to operate. "But the two party specific commitment to the proportion of how to allocate and other details of the problem to be clear. < p > draft plan, labor and employment to implement real name system management and incorporated into the credit system of the construction project: the identity of the employing units shall verify the labor hire personnel, improve the employment records, truthfully record the labor employment. < for the employer, the draft show that proposed new regulations will appear wage behavior of enterprise into the integrity management system, and in the certain range of publicity.
implementation of the real name registration system, Zhengzhou, Henan is not the first case. According to the new financial reporter, in recent years, including Tianjin, Jiangxi, Fujian, Shandong, Hunan and other provinces and cities and counties, has begun to test the real name system to test the water service.
real name system to protect the migrant workers labor employment in practice? Li Dajun said that in some cases, the layers of sub projects, some of the workers are not counted in, causing wages.
"1998" construction law "as early as the provisions of the labor service companies directly to the wages of workers, but has not been well implemented. Below the labor service companies will be layers of subcontracting, labor companies themselves do not know how many workers. "< / P > < p > Li Dajun / > that the real name system to the payroll system in a relatively transparent mechanism, by the labor service companies to directly to the workers wages," we can more clearly their daily do how much, how much money can take. The establishment of
credit management system, can effectively protect the migrant workers receive wages on time and in full? Li Dajun has seen similar measures in Beijing, Hunan and other places, I see, the implementation is still good. If the wages of a construction enterprise, especially the emergence of a vicious incident, the construction enterprise may will be canceled qualification of construction in Beijing, and to undertake business will have a substantial effect. "< climbing tower crane, the impact of the construction site and other Taoxin way explicitly illegal < construction enterprise payment of wages in the other side must be the bottom workers Taoxin behavior. Facing the plight of pay talks, some migrant workers instead seek alternative ways to pay talks, and frequently seen in the media reports: August 9, 2011, Henan Zhengzhou, many students from migrant workers digging Xinyang "buried alive" for "masochistic" Taoxin. On the morning of January 15, 2013, Gaoling, rent to migrant workers dressed in costumes, dressed as "Di Renjie", "Yuan Fang" Taoxin; February 1, 2016, Jiaozuo, Henan Province, dozens of workers in the cold wind naked upper body gathered at the gate of the Education Bureau of Jiaozuo City Taoxin.
according to the draft, the parties shall, in accordance with the law, solve the engineering and labor remuneration disputes. Any of the following situations, the jurisdiction of the state organs according to law:
(a) illegal gathering around the offices of state organs, public places, detention, trouble, containment, the impact of state organs, interception of official vehicles, or plug, blocking traffic;
(two) carrying dangerous goods, control equipment;
(three) insults, beatings, threats to state personnel, or illegal restriction of personal freedom of others;
(four) to climb the stairs, climbing tower crane, cut off the impact of hydropower, construction site, construction site management, interfere with the normal work order, causing serious losses;
(five), inciting series, stress, money or property to induce, behind the others in the name of Taoxin or beg for projects to pay talks or to obtain illegal benefits for excess.
regulations prohibited climbing stairs, climbing tower crane and other behavior has frequently appeared in newspapers taoxin. August 25, 2015, Guangxi Liuzhou, a construction site, six workers climbed to the top of the tower crane Taoxin; on 3 January 2014, Gansu Lanzhou six migrant workers to Taoxin, climbed up the Silver Road in a residential building roof to "jump"; on 28 January 2014. Hundreds of construction workers number of Anhui Dingyuan containment in long march road stop vehicular traffic and beg for money.
the new law, the construction of the parties to discuss the behavior of the parties to discuss the norm, it can be said, with the times". Choi new reporter noted that in 1995 the old version of the Zhengzhou city construction market management regulations, which did not make the provisions of this.
in accordance with the local legislative plan for the year 2016, Zhengzhou, Zhengzhou, Japan on the current "construction market management regulations," the new amendments to the old. "Zhengzhou construction market regulations (Draft)" held in April 22nd in Zhengzhou City, the fourteenth session of the Standing Committee of the sixteenth meeting of the first consideration. Earlier this year, the Zhengzhou Municipal Construction Committee responsible for drafting, the Legislative Affairs Office of the municipal government to organize legislative review and modification, and improve the formation of the draft has ended to the public for comments stage.
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