Annex to the Detailed Rules for the Implementation of the Trial Measures for the Management of Speci

Updated on Three rural 2024-03-24
5 answers
  1. Anonymous users2024-02-07

    The regulations on the management of special wage accounts for migrant workers are:

    1.Enterprises should pay wages directly to migrant workers themselves, and it is strictly forbidden to pay them to "contract foremen" or other organizations and individuals who do not have the qualifications of the employing entity.

    2.Enterprises can entrust banks to pay migrant workers' wages.

    3.If an enterprise is in arrears of wages for migrant workers due to arrears of project payments, the arrears recovered by the enterprise shall be used to pay the arrears of wages of migrant workers on a priority basis.

    The law stipulates Article 7 of the Interim Measures for the Administration of Wage Payment of Migrant Workers in the Construction Field.

    Enterprises should pay wages directly to migrant workers themselves, and it is strictly forbidden to pay them to "contract foremen" or other organizations and individuals who do not have the qualifications of the employing entity.

    Enterprises can entrust banks to pay migrant workers' wages.

    Article 10 of the Interim Measures for the Administration of Wage Payment of Migrant Workers in the Construction Field.

    If the owner or the general contractor fails to settle the project payment with the construction project contractor in accordance with the contract, resulting in the construction project contractor in arrears of migrant workers' wages, the owner or the general project contractor shall pay the arrears of wages to the migrant workers in advance, and the amount of wages advanced in advance shall be limited to the unsettled project payment.

    Article 11 of the Interim Measures for the Administration of Wage Payment of Migrant Workers in the Construction Field.

    If an enterprise is in arrears of wages for migrant workers due to arrears of project payments, the arrears recovered by the enterprise shall be used to pay the arrears of wages of migrant workers on a priority basis.

    Article 7 of the Interim Measures for the Administration of Wage Payment of Migrant Workers in the Construction Field.

    Enterprises should pay wages directly to migrant workers themselves, and it is strictly forbidden to pay them to "contract foremen" or other organizations and individuals who do not have the qualifications of the employing entity.

    Enterprises can entrust banks to pay migrant workers' wages.

    Article 10 of the Interim Measures for the Administration of Wage Payment of Migrant Workers in the Construction Field.

    If the owner or the general contractor fails to settle the project payment with the construction project contractor as agreed in the contract, resulting in the construction project contractor in arrears of wages for migrant workers, the owner or the general contractor shall advance the wages owed to the migrant workers, and the amount of wages advanced in advance shall be limited to the unsettled project payment.

    Article 11 of the Interim Measures for the Administration of Wage Payment of Migrant Workers in the Construction Field.

    If an enterprise is in arrears of wages for migrant workers due to arrears of project payments, the arrears recovered by the enterprise shall be used to pay the arrears of wages of migrant workers on a priority basis.

  2. Anonymous users2024-02-06

    Legal analysis: The management of special accounts for migrant workers' wages refers to the implementation of separate account management of labor costs (wages) and other project funds in the construction process of housing construction and municipal infrastructure projects, and the establishment of a special account for migrant workers' wages (hereinafter referred to as "special wage account") for migrant workers in the process of construction and municipal infrastructure construction. In accordance with the contract, the project agency management unit will postpone the payment of labor costs (wages) in the project payment to the special wage account, and the general construction contractor entrusts the bank to open the special account for wages (hereinafter referred to as the "opening bank") to directly pay the wages of migrant workers to the wage card. In this kind of special account management for migrant workers' wages, a series of issues such as how to sign construction contracts, financial accounting and tax treatment are involved.

    Legal basis: Article 50 of the Labor Law of the People's Republic of China Article 50 Monthly payment should be understood as the payment of wages at least once a month, and the wages of units that implement the monthly salary system must be paid monthly. Units that implement the hourly, daily, and weekly wage systems may also pay wages on a daily or weekly basis, and they must be paid in full.

    Deduction refers to the employer's failure to pay or fail to pay the wages of the employee who has fulfilled the obligations and responsibilities stipulated in the labor contract and completed the production task with quality and quantity. Unjustified arrears should be understood as the employer's deliberate failure to pay the employee's wages within the specified time without justifiable reasons.

  3. Anonymous users2024-02-05

    Legal analysis: 1. The general contractor shall open a special account within 30 days from the date of signing the construction contract, and sign a tripartite agreement on fund management with the construction unit and the opening bank 2. The name of the special account shall be the name of the general contractor plus the name of the engineering construction project and then add the "special account for the wages of migrant workers" 3. The general contractor shall report to the special account supervision department where the project is located within 30 days after the special account is opened for the record.

    Legal basis: "Interim Measures for the Management of Special Accounts for Migrant Workers' Wages in the Field of Engineering Construction" Article 6 The special accounts shall be opened according to the construction projects. The general contractor shall open a special account within 30 days from the date of signing the construction contract, and sign a tripartite agreement on fund management with the construction unit and the opening bank.

    The name of the special account is the name of the general contractor plus the name of the engineering construction project, followed by the "special account for migrant workers' wages". The general contractor Mingyun shall report to the special account supervision department where the project is located for the record within 30 days after the special account is opened. The regulatory departments shall be determined by the provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the Regulations on Guaranteeing the Payment of Wages to Migrant Workers.

    If the general contractor has two or more engineering construction projects, it can open a new special account, or it can manage it separately according to the project under the existing special account if it meets the regulatory requirements of the project location.

  4. Anonymous users2024-02-04

    Legal Analysis] These measures are formulated in accordance with the "Regulations on Guaranteeing the Payment of Migrant Workers' Wages" and the "Measures for the Administration of RMB Bank Settlement Accounts" and other relevant laws and regulations in order to standardize the management of special accounts for migrant workers' wages and effectively safeguard the rights and interests of migrant workers' labor remuneration. (Definition of special account and labor costs) The special account for migrant workers' wages (hereinafter referred to as the special account) mentioned in these measures refers to the special deposit account opened by the general construction contractor (hereinafter referred to as the general contractor) in the banking financial institution (hereinafter referred to as the bank) where the construction project is located and is specially used to pay the wages of migrant workers. Labor costs refer to the project funds allocated by the construction unit to the special account of the general contractor for the payment of migrant workers' wages.

    Definition of construction unit, general contractor, subcontractor, supervision unit and industry competent department) The construction unit referred to in these measures refers to the project legal person of the engineering construction project or the relevant unit responsible for construction management; The general contractor refers to the enterprise that contracts the construction task from the construction unit and has the construction contracting qualification, including the general contractor of the project, the general construction contractor, and the professional contractor who directly contracts the construction unit; The subcontractor refers to the enterprise with the corresponding qualifications for the professional engineering or labor operations contracted by the general contractor; Supervision unit refers to the construction unit entrusted by the construction unit to carry out the project supervision tasks in accordance with the law, obtain the supervision qualification certificate, with the legal personality of the supervision company and other units.

    Legal basis] Please fill in the legal basis here "Interim Measures for the Management of Special Accounts for Migrant Workers' Wages in the Field of Engineering Construction" Article 5 (Relevant Agreements in the Engineering Construction Contract) When the construction unit and the general contractor enter into a written project construction contract, the following matters shall be agreed: (1) The measurement cycle of the project payment and the settlement method of the progress of the project payment; (B) the construction unit to pay the labor costs of the cycle and date of allocation; (C) the amount of labor costs or the proportion of the project cost. Item (3) of the preceding paragraph shall meet the requirements for migrant workers' wages to be paid in full and on time.

    Article 6 (Opening of Special Accounts) Special accounts shall be opened according to the construction projects. The general contractor Bei Luheng shall open a special account within 30 days from the date of signing the construction contract, and sign a tripartite agreement on fund management with the construction unit and the opening bank. Special account.

  5. Anonymous users2024-02-03

    The regulations on the management of special wage accounts for migrant workers are: 1Enterprises should pay wages directly to migrant workers themselves, and it is strictly forbidden to pay them to "contract foremen" or other organizations and individuals that do not have the qualifications of the employing entity.

    2.Enterprises can entrust banks to pay migrant workers' wages. 3.

    If an enterprise is in arrears of wages for migrant workers due to arrears of project funds, the arrears recovered by the enterprise shall be used to pay the arrears of wages of migrant workers on a free basis on a priority basis. The law stipulates that Article 7 of the Interim Measures for the Administration of Wage Payment of Migrant Workers in the Construction Field shall pay wages directly to the migrant workers themselves, and it is strictly forbidden to pay them to "contract foremen" or other organizations and individuals that do not have the qualifications of the employing entity.

    Enterprises can entrust banks to pay migrant workers' wages. Article 10 of the "Interim Measures for the Administration of Wage Payment of Migrant Workers in the Construction Field" If the owner or the general contractor fails to settle the project payment with the construction project contractor as agreed in the contract, resulting in the construction project contracting enterprise in arrears of migrant workers' wages, the owner or the general project contractor shall pay the arrears of wages to the migrant workers in advance, and the amount of wages advanced in advance shall be limited to the unsettled project payment. Article 11 of the "Interim Measures for the Administration of Wage Payment of Migrant Workers in the Construction Field" If an enterprise owes the wages of migrant workers due to the arrears of project funds, the arrears recovered by the enterprise shall be used to pay the arrears of migrant workers' wages on a priority basis.

Related questions
8 answers2024-03-24

Those who work hard govern people, and those who work hard govern people. Let's start with the civil service system, which now has thousands of applicants for the civil service examination, which means that there are so many people in China, and most of the elites have been absorbed into the service of the main political party. In order to ensure that the vast majority of the social elite can serve the political parties with peace of mind, they must be treated much more favorably than the other groups you have mentioned (except for a few elite minority groups). >>>More

2 answers2024-03-24

Legal analysis: The local people at or above the county level are responsible for the work of ensuring the payment of migrant workers' wages within their respective administrative regions, establish a coordination mechanism for ensuring the payment of migrant workers' wages, strengthen the construction of regulatory capacity, improve the responsibility system for ensuring the payment of migrant workers' wages, and include the content of the assessment and supervision of the relevant departments of the people's ** at the same level and the people at the lower levels. Township people's ** and neighborhood offices shall strengthen the investigation and mediation of contradictions in arrears of migrant workers' wages, prevent and resolve contradictions, and mediate disputes in a timely manner. >>>More

12 answers2024-03-24

You can negotiate with the boss first and let the boss settle the salary as agreed. If the boss does not agree, he can apply to the labor arbitration commission for labor arbitration. When applying for labor arbitration, it is best to have evidence that your fellow villagers have worked for a construction boss. >>>More

9 answers2024-03-24

According to the law, a complaint can be filed with the Labor Inspection Brigade, an application to the Arbitration Commission for arbitration, and a lawsuit filed in court. If you do not repay the money after receiving the verdict, you can report the case to the public security and pursue criminal responsibility.

37 answers2024-03-24

If the wages of migrant workers are in arrears, it will definitely be useful for migrant workers to call **12345 to complain, but whether it is effective depends on the evidence and jurisdiction submitted by the specific complaint facts. >>>More