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No. 263 Order of Wuhan Municipal People’s Government
    2017-03-10

 

It is hereby promulgated that the Interim Measures of Wuhan Municipality for the Supervision and Administration of Wage Payment to Migrant Workers in the Construction Field have been adopted at the 127th Executive meeting of Wuhan Municipal People’s Government on April 27, 2015, and shall be implemented as of October 1, 2015.

 

 

Mayor: Wan Yong

June 2, 2015


Interim Measures of Wuhan Municipality for the Supervision and Administration of Wage Payment to Migrant Workers in the Construction Field

 

Article 1   With a view to regulating the wage payment to and protecting the legitimate rights and interests of migrant workers in the construction field, and establishing and improving a sustainable mechanism for arrear prevention, the Measures are formulated in accordance with the Labor Law of the People's Republic of China, the Labor Contract Law of the People's Republic of China, the Regulations of Hubei Province on Construction Market Management, and other laws and regulations, and in the light of the actual situation of this Municipality.

Article 2   The developers, general contractors, specialist contractors and labor contractors engaged in building or municipal infrastructure projects within the administrative areas of this Municipality as well as the migrant workers having established labor relations with the forgoing employers shall comply with these Measures.

Article 3   For the purpose of effective supervision and administration of wage payment to migrant workers, the Municipal People's Government develops a joint conference system where major issues are studied and coordinated, and practices a responsibility system for target assessment by incorporating the foregoing supervision and administration work into the annual target assessment.

The district people's governments (including Wuhan East Lake High-tech Development Zone, Wuhan Economic and Technological Development Zone, Wuhan East Lake Eco-tourism Scenic Spot and Wuhan Chemical Industry Park, the same hereinafter) shall be responsible for overall coordination over the supervision and administration of wage payment to migrant workers in the construction field within their respective districts and for timely settlement of conflicts arising from arrears.

Article 4   The competent administrative departments of construction shall be responsible for urging the developers, general contractors, specialist contractors and labor contractors to establish special wage accounts for migrant workers (hereinafter referred to as special account), for supervising and checking according to law the wage payment to migrant workers through the special accounts, for solving the problems of arrears existing in the construction projects under their respective supervision and administration, and for assisting the competent administrative departments of human resources and social security in settling the complaints of arrears.

The competent administrative departments of human resources and social security shall be responsible for supervising and checking the signing of labor contracts, wage payment to and guarantee payment for migrant workers, etc., for accepting and settling the complaints of arrears according to laws, and for eliminating the disputes over the wages of migrant workers.

The public security organs shall be responsible for dealing with illegal acts according to laws, such as absconding without wage payment, treating with violence the migrant workers demanding wage payment, or demanding wage payment in a malicious way.

The administrative departments of justice shall be responsible for offering legal assistance according to law to the migrant workers to whom the employers owe the wages.

The departments of finance shall be responsible for coordinating the cooperation of financial institutions with the competent government authorities in the supervision and administration of wage payment to migrant workers.

The competent administrative departments of transportation, city management, water services, landscape and forestry shall, with reference to the provisions of these Measures concerning the responsibilities of the competent administrative departments of construction, be responsible for the supervision and administration of arrears existing in the construction projects under their respective supervision and administration.

Article 5   This Municipality separates the wage payment to migrant workers from the project progress payment, and practices monthly wage payment to migrant workers. A unified real-name "one-card" management system is being developed for migrant workers.

A developer shall make the progress payments duly in strict accordance with the project contract, and supervise a general contractor to pay the full monthly wages to migrant workers.

A responsibility system for the wage payment to migrant workers is practiced where a general contractor bears full responsibility, and specialist contractors and labor contractors bear direct responsibility.

Article 6   A commercial bank rendering special account management services (hereinafter referred to as commercial bank) shall sign a cooperation agreement on special account management with a competent administrative department of construction and a competent administrative department of human resources and social security.

A commercial bank shall establish a special account management system as prescribed by the agreement and assist a competent administrative department of construction and a competent administrative department of human resources and social security in the administration of wage payment to migrant workers.

Article 7   The developer, general contractor, specialist contractors and labor contractors of a project shall open special accounts at commercial banks. Employers shall sign the agreements on authorized wage payment with commercial banks, apply for personal wage cards on behalf of migrant workers at commercial banks so as to guarantee the wage payment, and accept supervision and administration of the relevant authorities.

A general contractor shall specify, in its contract signed with a specialist or labor contractor, the bank of deposit, name of depositor, account number and other information about the special account, as well as the method of wage payment to migrant workers. A specialist or labor contractor shall submit a copy of its Account Opening Certificate and Agreement on Authorized Wage Payment to the general contractor for the record.

An employer shall work out the measures for its in-house wage payment and practice a system of real-name employee management and direct monthly payment, and inform all migrant workers of its measures and system. The measures for in-house wage payment shall cover the payment items, payment standard, payment method, payment period and date, calculation base of overtime wage, wage payment under special circumstances, etc.

Article 8   The general contractor of a project shall urge the specialist contractors and labor contractors to set up separate accounts and designate personnel to be in charge of the wage payment to migrant workers.

Article 9   The developer and general contractor of a project shall transfer to the special accounts the full amount of provisional sum for wage payment to migrant workers within the prescribed time limit.

A developer shall, prior to the third day of a month, transfer the provisional sum for wage payment to migrant workers for the previous month to the special account of a general contractor. A general contractor shall, prior to the fifth day of a month, transfer the provisional sum for wage payment to migrant workers for the previous month to the special account of a specialist contractor. The base of provisional sum for monthly wage payment to migrant workers is 20% of the total contract price divided by the total contract months (one month is taken if the contract period is less than one month). The provisional sum for wage payment to migrant workers is deducted from the progress payment.

A general contractor or specialist contractor who outsources its labor service shall, prior to the seventh day of a month, transfer the provisional sum for wage payment to migrant workers for the previous month to the special account of a labor contractor. The base of provisional sum for monthly wage payment to migrant workers is the total contract price divided by the total contract months (one month is taken if the contract period is less than one month).

If the provisional sum for wage payment to migrant workers calculated as per the second or third paragraph is significantly different from the amount calculated based on the actual quantity of completed works, the calculation method of provisional sum can be adjusted, and the specific adjustment method shall be worked out by the competent municipal administrative department of construction jointly with the competent municipal administrative department of human resources and social security.

Article 10   An employer shall sign labor contracts with its migrant workers and establish a list of personal wage cards for migrant workers. A specialist contractor or labor contractor shall submit the foregoing contracts and list to the general contractor for the record within seven working days as of the date it signs the labor contracts with its migrant workers.

A competent administrative department of human resources and social security shall, jointly with a competent administrative department of construction, conduct random inspections in a proportion of not less than 10% over the authenticity of the labor contracts signed between employers and migrant workers, the lists of personal wage cards for migrant workers and other information.

A general contractor may not outsource the works to an organization or individual without the qualifications for employment; otherwise, it shall bear the joint and several liabilities for paying off the arrears of wages of migrant workers.

Article 11   An employer shall pay the wages monthly to migrant workers in currency according to the labor contracts. The wage of a migrant worker who has provided normal labor shall not be less than the minimum wage standard of this Municipality.

An employer shall publicize at the construction site the payroll of migrant workers prior to the second working day of a month. A specialist or labor contractor shall submit its payroll of migrant workers to the general contractor for the record.

A payroll of migrant workers shall provide the payer and payee, time and amount of payment, etc., and shall be kept for at least 2 years.

The wages of migrant workers shall be paid by a commercial bank on behalf of an employer. An employer shall, prior to the tenth day of a month, directly transfer the wages from its special account to the personal wage cards of migrant workers, and shall replenish the special account if its balance is insufficient.

Article 12   A developer shall, before going through the procedures for obtaining a construction permit, pay to a competent administrative department of human resources and social security 5‰ of the contract price as a wage guarantee for migrant workers, the maximum of which shall not exceed RMB 2 million. After completion of the project works, a developer may file an application with a competent administrative department of human resources and social security for returning the principal and interest of the wage guarantee it has paid; and if no arrears of wages of migrant workers are found out within a period of 30 days as of the date of application, a competent administrative department of human resources and social security shall return the aforesaid principal and interest in full within five working days upon expiry of the aforesaid period.

For an enterprise with a favorable credit history of wage payment to migrant workers, its wage guarantee for migrant workers may be reduced.

The payment, use and return of wage guarantee for migrant workers shall be publicized according to law.

The specific methods for payment, use and return of wage guarantee for migrant workers shall be formulated separately by the competent municipal administrative department of human resources and social security.

Article 13   A competent administrative department of construction shall, before issuing the construction permit of a project, check the payment of wage guarantee for migrant workers and the opening of special account. If it finds out that the wage guarantee for migrant workers has not been paid or the special account has not been opened, it shall require a developer to pay the wage guarantee for migrant workers and open the special account as provided by these Measures.

Article 14   No unit or individual may plead a dispute on contract implementation or the outstanding payment of project funds in excuse of its outstanding payment or deductions of the wages of migrant workers, or may, by claiming that the projects funds or wages have been fallen into arrears, urge or incite unpaid migrant workers to demand wage payment by blocking roads or accesses to government authorities or by other malicious means.

Article 15   Whoever fails to open a special account or make the provisional wage payment to migrant workers as provided shall be ordered by a competent administrative department of construction to make corrections within a prescribed time limit; if such offender refuses to make corrections, a fine of not less than RMB 10,000 but not more than RMB 50,000 shall be imposed.

Article 16   Whoever fails to pay the wage guarantee for migrant workers as provided shall be ordered by a competent administrative department of human resources and social security to make corrections within a prescribed time limit; if such offender refuses to make corrections, a fine of not less than RMB 10,000 but not more than RMB 50,000 shall be imposed.

Article 17   Administrative penalties of a developer or employer who fails to, as provided, open a special account, make the provisional wage payment or pay the wage guarantee for migrant workers, or pay the wages to migrant workers within the prescribed time limit shall be kept on record in its credit files and made public according to law.

A competent administrative department of construction may, in accordance with the law, restrict such developer or employer in its market access or eligibility for tender, or in the approval of its new project construction, etc.

Article 18   If an employer defaults on wage payment to migrant workers, such migrant workers may file a petition for payment order with a people's court according to law.

Article 19   An employer or party concerned who commits any of the following acts shall be punished by a public security organ according to the Law of the People's Republic of China on Administrative Penalties for Public Security; if a crime is constituted, the criminal responsibilities shall be investigated according to law:

(1) defaulting in a malicious manner on wage payment to migrant workers, or by claiming that the wages of migrant workers have been fallen into arrears, urging or inciting unpaid migrant workers to demand wage payment by blocking roads or accesses to government authorities or by other malicious means;

(2) for the purpose of defraud of money, forging documents like the list of migrant workers, work sheet, IOU of wages, payroll or construction contract, or providing false information or report of a case; or

(3) using violent means to treat migrant workers who demand wage payment.

With respect to a party concerned who transfers his/her assets or absconds to avoid wage payment, or fails to pay wages to migrant workers under the premise of being capable of wage payment, if the amount involved is huge, and such party concerned refuses to fulfill its wage payment obligation as ordered by a competent government authority, its criminal responsibility shall be investigated according to law.

Article 20   An administrative authority or any of its functionaries who neglects duties, abuses power or engages in malpractices for personal gains during its supervision and administration of wage payment to migrant workers shall be given an administrative sanctions according to law; if a crime is constituted, the criminal responsibilities shall be investigated according to law.

Article 21   The competent municipal administrative department of construction and the competent municipal administrative department of human resources and social security shall formulate the specific implementation rules according these Measures.

Article 22   Definitions of terms as used in these Measures:

(1) A developer means an investor and organizer of a construction project.

(2) An employer means a general contractor, specialist contractor or labor contractor who directly employs migrant workers in the construction field of this Municipality.

(3) Housing construction projects mean projects covering the works of various buildings and their ancillary facilities, and their supporting lines, pipes, equipment installation and indoor and outdoor finishing and decoration.

(4) Municipal infrastructure projects mean projects covering the civil works, pipe works and equipment installation works of urban roads, public transit, water supply, sewerage, gas, heat, landscape, sanitation, waste water treatment, solid waste treatment, flood prevention, underground utilities as well as ancillary facilities.

(5) In these Measures, "not less than" includes while “not more than” does not include the base number.

Article 23   These Measures shall come into force as of October 1, 2015. With respect to the housing construction projects or municipal infrastructure projects whose construction has been commenced prior to the implementation of these Measures, if the remaining contract period is of or above one year, the provisions of these Measures shall apply; if it is less than one year, the provisions of these Measures shall be taken as a reference.

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