Measures for the implementation of the wage guarantee provisions for migrant workers in the field of engineering construction in Shaanxi Province

Municipalities (districts) Human Resources and Social Security Bureau, Housing and Urban-Rural Development Bureau, Transportation Bureau, Water Conservancy (Water Affairs) Bureau, Banking Supervision Sub-bureaus, China Railway Xi Bureau Group Co., Ltd., Civil Aviation Shaanxi Supervision Bureau, Western Airport Group, Northwest Air Traffic Control Bureau of Civil Aviation, and Northwest China Aviation Oil Company:

According to the Provisions on Wage Margin for Migrant Workers in Construction Projects (Ministry of Human Resources and Social Security Fa [2021] No.65), the Provincial Department of Human Resources and Social Security, the Provincial Department of Housing and Urban-Rural Development, the Provincial Department of Transportation, the Provincial Department of Water Resources, the Shaanxi Banking Supervision Bureau, the xi Railway Supervision Bureau and the Northwest Regional Administration of Civil Aviation have formulated the Implementation Measures for the Provisions on Wage Margin for Migrant Workers in Construction Projects in Shaanxi Province. Is issued to you, please implement.

Shaanxi Provincial Department of Human Resources and Social Security Shaanxi Provincial Department of Housing and Urban-Rural Development

Shaanxi Provincial Department of Transportation Shaanxi Provincial Department of Water Resources

Shaanxi banking insurance regulatory bureau xi railway supervision management bureau

Northwest regional civil aviation administration

65438+20221October 30th

(Normative document:10-802 [2022] No.3)

Measures for the implementation of the wage guarantee provisions for migrant workers in the field of engineering construction in Shaanxi Province

Chapter I General Principles

Article 1 In order to protect the wage rights and interests of migrant workers in accordance with the law and give play to the important role of wage margin in solving the problem of wage arrears for migrant workers, these Measures are formulated in accordance with the Provisions on Wage Margin for Migrant Workers in the Field of Engineering Construction (Ministry of Human Resources and Social Security Fa [2021] No.65).

Article 2 The term "wage deposit" as mentioned in these Measures refers to the special funds set up by the general contractor in the field of engineering construction (including the professional contractor who directly contracts the projects contracted by the construction unit) in the bank and stored according to a certain proportion of the contract amount of engineering construction, which is specially used to pay the wages owed to migrant workers by the contracted projects.

Wage deposit can be replaced by bank guarantee issued by banking financial institutions, and areas with conditions can also explore introducing project guarantee company guarantee and project guarantee insurance.

Article 3 These Measures shall apply to the storage proportion, storage form, reduction and exemption measures, use and return of wage deposits in the field of engineering construction.

Article 4 The administrative department of human resources and social security of the province shall be responsible for organizing the implementation of the wage guarantee system within the administrative region of this province.

Provincial and municipal human resources and social security departments should establish a consultation mechanism with local industrial engineering construction departments and financial supervision departments, conduct a consultation and judgment on the storage, use, supervision, return and case disposal of wage margin at least once every six months, strengthen information notification and law enforcement cooperation, form a joint force of supervision, and ensure the standardized and smooth operation of wage margin system.

Fifth wage margin by the municipal (District) administrative department of human resources and social security specific management.

The administrative departments of human resources and social security in all districts and cities, Yangling Demonstration Zone and hancheng city, hereinafter referred to as "territorial administrative departments of human resources and social security"; The corresponding administrative regions are hereinafter collectively referred to as "wage deposit management regions".

The geographical location of the same project involves more than two wage margin management areas, and if there is a jurisdiction dispute, the provincial administrative department of human resources and social security shall designate the jurisdiction jointly with the competent department of industrial construction at the same level.

Chapter II Storage of Wage Margin

Article 6 The general contracting unit of construction shall deposit a salary deposit in the bank where the project is located or apply for opening a bank guarantee.

Article 7 A bank that handles wage deposit (hereinafter referred to as the handling bank) shall meet the following conditions for opening, storing, inquiring, withdrawing and closing wage deposit accounts and issuing a letter of guarantee according to law:

(1) It has branches in the wage guarantee management area where the project is located;

(2) It has a good credit rating and excellent service level, and promises to provide wage guarantee services in accordance with regulatory requirements.

Article 8 The general contractor shall, within 20 working days from the date of obtaining the construction permit (approval of the commencement report) or the commencement of the project (within 20 working days from the date of signing the construction contract for the project that does not need to apply for the construction permit or approval of the commencement report according to law), open a special account for wage deposit in the handling bank with a copy of the business license and the construction contract signed with the construction unit, and store the wage deposit.

When issuing the construction permit or approving the commencement report, the competent department of industrial engineering construction shall inform the relevant units in writing to store the wage deposit in time, and send a copy of the notice to the administrative department of human resources and social security where the project is located within five working days.

When the supervisor issues a commencement order for a traffic construction project, the construction unit shall notify the general contractor in writing to store the wage deposit in time, and send a copy of the notice to the human resources and social security department where the project is located within 5 working days after the commencement order is issued.

Article 9 The general contractor that stores the wage deposit shall sign the Agreement on Storage of Wage Deposit for Migrant Workers with the handling bank (attachment 1), and send a copy of the agreement to the local administrative department of human resources and social security for the record. The general contractor who uses bank guarantee instead of cash to deposit wage deposit shall submit the original bank guarantee contract to the local human resources and social security administrative department for preservation.

Article 10 The handling bank shall standardize the opening of the wage margin account, provide necessary convenience for the storage of wage margin, verify the nature of the account with the account opening unit, mark the wage margin account specially in the business system, and restrict the setting of seizure, freezing or transfer on the relevant network inspection and control platform and electronic private line information transmission system as a whole to prevent improper seizure, freezing or transfer and ensure the safety of funds.

Article 11 The wage deposit shall be stored in proportion to the contract amount of the construction project, and the wage deposit storage ratio shall be 1%. The storage amount of a single project does not exceed 5 million yuan.

If the general contractor has more than two projects under construction in the same wage margin management area, the storage ratio of the second project (sorted by the filing time of wage margin) and the new project is 0.5%.

Where the general contractor deposits the wage deposit by bank guarantee instead of cash, the amount guaranteed by the bank guarantee shall not be less than the amount deposited in cash.

Article 12 For a project with a construction contract amount of less than 3 million yuan, and the general contractor of the project has not defaulted on the wages of the project undertaken within the management area of wage deposit within one year before the signing of the construction contract, the local administrative department of human resources and social security may, in combination with the actual situation of ensuring the wage payment of migrant workers in this industry, exempt the wage deposit from this project and issue a Decision on Exempting the Wage Deposit of Migrant Workers (Annex 2).

The amount standard of the construction contract stipulated in the preceding paragraph may be appropriately adjusted, and the adjustment scope shall be determined by the administrative department of human resources and social security of the province jointly with the competent department of industrial engineering construction.

Article 13 After the general contractor stores the wage deposit or submits a bank guarantee, if the construction project within the wage deposit management area has not been in arrears for two consecutive years, the storage ratio of newly started projects will be reduced to 0.3%; If the wages have not been defaulted for three consecutive years and the real-name system of employment management and the special account system for migrant workers' wages are implemented as required, the newly started projects may be exempted from storing wage deposits.

If the construction general contracting enterprise has defaulted on the wages of migrant workers in the wage margin management area within 2 years before storing the wage margin or submitting the bank guarantee, the storage ratio of the wage margin will be adjusted to 2%; If the wage arrears of migrant workers are included in the List of Joint Disciplinary Objects for Wage Arrears and Breach of Trust of Migrant Workers, the storage ratio of wage deposit will be adjusted to 3%.

Article 14 The principal and interest of the wage deposit account shall be owned by the construction general contractor who opened the account. During the supervision of the wage deposit account, the construction general contractor who opens the account can freely extract and use the interest and other legitimate income of the wage deposit.

Except as provided in Article 19 of the Measures, no other unit or individual may use the principal in the wage guarantee account.

Fifteenth specific storage ratio and floating method of wage margin shall be determined by the provincial administrative department of human resources and social security in conjunction with the engineering construction department at the same level. The storage ratio of wage margin is dynamically adjusted every three years according to the actual situation of ensuring the wage payment of migrant workers in the province, and it is announced to the public.

Article 16 A bank guarantee is in the interest of the local administrative department of human resources and social security, and the nature of the guarantee is to be revoked at sight (Annex 3).

Where the wages of migrant workers are in arrears for the projects contracted by the general contractor, the administrative department of human resources and social security shall make an administrative decision and order them to pay off within a time limit or pay off in advance. If the bank refuses to pay off at maturity, the handling bank shall bear the guarantee liability in accordance with the provisions of the letter of guarantee.

Article 17 The general contractor shall provide effective bank guarantee during the construction of the project, and the validity period of the bank guarantee provided shall be at least 1 year and shall not be shorter than the contract period. Where the guarantee for the unfinished project expires, the local administrative department of human resources and social security shall send an early warning through the monitoring and early warning platform for the payment of migrant workers' wages in Shaanxi Province one month before the expiration of the bank guarantee to remind the general contractor to replace the new guarantee or extend the validity period of the guarantee.

Article 18 The local administrative department of human resources and social security shall announce to the public the list of construction general contractors who deposit the wage deposit or open a bank guarantee and the corresponding project names, and the construction general contractors shall incorporate the implementation of the wage deposit system of this project into the content of the rights protection information bulletin board.

Chapter III Use of Wage Margin

Article 19 If the project contracted by the general construction contractor is in arrears with the wages of migrant workers, the municipal (district) administrative department of human resources and social security shall investigate and deal with it, and if the general construction contractor refuses to perform it after making an administrative decision to order payment within a time limit or pay off in advance according to law (Annexes 4 and 5), the municipal administrative department of human resources and social security may issue a Notice on Payment of Wage Security Deposit for Migrant Workers (Annex 6) to the handling bank, with a payroll for migrant workers attached. The handling bank shall, within 5 working days after receiving the Notice on Payment of Wage Margin for Migrant Workers, pay the corresponding amount of money from the wage margin account to the migrant workers whose wages are in arrears designated by the municipal administrative department of human resources and social security through bank transfer.

If the administrative department of human resources and social security of the county (district) investigates and deals with it, and makes an administrative decision to order it to pay off within a time limit or pay off in advance according to law, and refuses to perform it at the expiration of the general contract, the administrative department of human resources and social security of the county (district) can submit a report on the use of the deposit to the administrative department of human resources and social security of the city (district) (which should include basic information, administrative decision, delivery receipt, wage roster of migrant workers, bank card number of migrant workers, etc.). ), and the city (district).

Bank guarantee is used instead of wage deposit in general construction contract. In the case of the preceding paragraph, the handling bank that provides the bank guarantee shall pay the wages of migrant workers in accordance with the bank guarantee within 5 working days after receiving the Notice on Payment of Wage Margin for Migrant Workers.

Article 20 After the wage deposit is used, the general contractor shall make up the wage deposit within 10 working days from the date of use.

If the wage guarantee is replaced by a bank guarantee, the general contractor shall provide a new guarantee with the same scope and amount as the original guarantee within 10 working days. After the construction general contractor issues a new letter of guarantee, the original letter of guarantee will be invalid.

Article 21 The handling bank shall provide the general contractor of construction and the local administrative department of human resources and social security with the statement of wage deposit every quarter.

Article 22 After the completion of the project corresponding to the wage deposit, the general contractor promises in writing that there is no unresolved problem of wage arrears for migrant workers in this project, and can apply for lifting the supervision of the wage deposit account or returning the original bank guarantee after 30 days of publicity on the bulletin board of rights protection information on the construction site and the portal website of the local human resources and social security administrative department.

The local administrative department of human resources and social security shall complete the audit within 5 working days after the construction general contractor submits a written application, and issue a confirmation letter for the refund (cancellation) of the wage deposit for migrant workers to the handling bank and the construction general contractor within 3 working days after the completion of the audit (Annex 8). After receiving the confirmation letter, the handling bank will cancel the wage deposit account, and the corresponding funds will no longer belong to the wage deposit. The general contractor is free to dispose of the account funds or cancel the account.

Where a bank guarantee is used instead of cash to deposit the wage deposit and it complies with the provisions of the first paragraph of this article, the local administrative department of human resources and social security shall complete the examination within 5 working days after the general contractor submits a written application, and return the original bank guarantee within 3 working days after the examination.

The local administrative department of human resources and social security shall inform the general construction contractor in writing within 3 working days after the end of the audit if it finds that there is an unresolved problem of wage arrears for migrant workers in the corresponding project. After the construction general contractor has fulfilled the obligation of paying off (paying off in advance) according to law, it may submit a written application for returning the wage deposit or the original bank guarantee again.

The local administrative department of human resources and social security shall establish a regular (at least once every six months) check mechanism for wage deposits. After verification, the project has been completed and there is no problem of wage arrears for migrant workers. If the general contractor fails to submit the application for return within a certain period of time, it shall take the initiative to start the return procedure.

Twenty-third construction general contracting units believe that the administrative actions of the administrative departments damage their legitimate rights and interests, they may apply for administrative reconsideration or bring an administrative lawsuit to the people's court according to law.

Chapter IV Supervision of Wage Margin

Twenty-fourth wage deposit shall be earmarked for special purposes, and shall not be used for other purposes except to pay off or pay off the wages owed to migrant workers in general contracting projects.

Unless otherwise provided by law, the wage deposit shall not be sealed up, frozen or allocated for reasons other than paying the wages of migrant workers who provide labor services for this project.

Twenty-fifth human resources and social security administrative departments should strengthen supervision. If the general contractor fails to store or supplement the wage deposit (or provide or update the guarantee) in accordance with the Regulations on the Protection of Migrant Workers' Wage Payment and these Measures, it shall be investigated for its legal responsibility in accordance with the provisions of Article 55 of the Regulations on the Protection of Migrant Workers' Wage Payment.

Twenty-sixth local human resources and social security departments should establish wage margin management ledger, strictly regulate the financial and auditing systems, strengthen account supervision, and ensure earmarking.

The competent department of industrial engineering construction shall promptly notify the administrative department of human resources and social security at the same level of the problem of failing to store the wage deposit according to the regulations found in the daily supervision and inspection. For the construction unit that fails to implement the wage guarantee system according to regulations, in addition to administrative punishment (treatment) according to law, it shall be included in its credit record in accordance with relevant regulations and credit punishment shall be implemented according to law.

Financial supervision departments should urge financial institutions to open up green channels, simplify the procedures and related materials such as face-to-face signing by the legal representative required to open an account, and be responsible for guiding the handling banks to make overall restrictions on seizure, freezing or transfer.

If the administrative department arbitrarily reduces or exempts, overcharges, misappropriates, or delays the return of the wage deposit without reason, it shall seriously investigate the responsibility and investigate the responsibility of the relevant responsible personnel according to the law; Those suspected of committing a crime shall be transferred to judicial organs for handling.

Chapter V Supplementary Provisions

Twenty-seventh municipal, railway, highway, waterway, civil aviation, water conservancy and other projects, with reference to these provisions.

Where the wage security deposit is replaced by the project guarantee company's letter of guarantee or the project guarantee insurance, it shall be implemented with reference to the relevant provisions of the bank guarantee.

Article 28 These Measures shall come into force as of the date of promulgation. 1 year1October "Regulations on the Management of Wage Margin for Migrant Workers in the Field of Engineering Construction" (Ministry of Human Resources and Social Security [2021] No.65) has been stored according to the local original wage margin policy before implementation, and its daily management, use and return will continue to be valid until the project is completed. After the implementation of 202 111Provisions on Wage Margin for Migrant Workers in Construction Fields (Ministry of Human Resources and Social Security Fa [2021] No.65), if the wage margin is inconsistent with the provisions, it shall be in May 2022/kloc-0. After the implementation of these measures, the wage margin of newly started projects and projects under construction that have not yet stored the wage margin shall be implemented in accordance with these measures.