Municipalities and Guangde City, susong county Human Resources and Social Security Bureau, Development and Reform Commission, Housing and Urban-Rural Development Bureau (Urban-Rural Development Bureau), Transportation Bureau, Water Conservancy (Water Affairs) Bureau, Municipal Telecom Infrastructure Co-construction and Sharing Office (Communication Development Office), China People’s Bank’s downtown branches, and all banking supervision branches:
The measures for the implementation of wage guarantee for migrant workers in the field of engineering construction in Anhui Province are hereby printed and distributed to you, please implement them.
Anhui Provincial Department of Human Resources and Social Security Anhui Provincial Development and Reform Commission
Anhui Provincial Department of Housing and Urban-Rural Development Anhui Provincial Department of Transportation
Anhui Provincial Department of Water Resources Anhui Provincial Communications Management Bureau
China People’s Bank Hefei Central Branch China China Banking and Insurance Regulatory Commission Anhui Supervision Bureau
March 18, 2022
Wage security deposit for migrant workers in the field of engineering construction in Anhui Province
measures for the implementation
Chapter I General Provisions
the first In order to protect the wage rights and interests of migrant workers according to law, optimize the business environment, and play an important role in solving the problem of wage arrears for migrant workers, according to the Regulations on the Protection of Wage Payment for Migrant Workers (Order No.724 of the State Council), the Notice on Printing and Distributing the Provisions on Wage Guarantee for Migrant Workers in the Field of Engineering Construction (No.65 issued by the Ministry of Human Resources and Social Security [2021]) and the Provisions on Wage Payment in Anhui Province (Order No.194 of the provincial government), etc.
the second As mentioned in these Measures, the wage guarantee for migrant workers (hereinafter referred to as wage guarantee) refers to the general contractor in the field of engineering construction (includingProfessional contracting enterprises that directly contract construction units to contract projects set up accounts in the bank and store them according to a certain proportion of the project construction contract amount, which is specially used to pay special funds for migrant workers who provide labor for contracted projects.
Wage deposit can be replaced by bank guarantee or guarantee insurance issued by financial institutions, and the introduction of guarantee company guarantee can be explored in areas where conditions permit. Actively develop electronic guarantee (insurance policy).
Article These Measures shall apply to the storage proportion, storage form, reduction and exemption measures and the use and return of wage deposits in the field of engineering construction.
Article 4 The provincial administrative department of human resources and social security is responsible for organizing the implementation of the unified wage guarantee system in the province, relying on the supervision information system for ensuring the wage payment of migrant workers in the province, and implementing digital and process management of wage guarantee storage.
The administrative departments of human resources and social security at all levels should establish and improve the consultation mechanism with the local industrial engineering construction departments and financial supervision departments, strengthen information notification and law enforcement cooperation, and ensure the standardized and smooth operation of the wage guarantee system.
Article 5 Wage margin by the municipal or county human resources and social security administrative departmentSpecific managementWhen conditions are ripe, it will gradually transition to the provincial administrative department of human resources and social security.manage.
Municipal or county-level human resources and social security administrative departments that implement specific management, hereinafter referred to as "territorial human resources and social security administrative departments"; The corresponding administrative regions are hereinafter collectively referred to as "wage deposit management regions".
The geographical location of the same project involves two or more.manageArea, designated by the common administrative department of human resources and social security at the next higher level, and the competent department of industrial engineering construction at the same level.
Chapter II Storage of Wage Margin
Article 6 General contracting of constructionunitThe wage deposit shall be stored in the bank where the project is located, and a bank guarantee or guarantee insurance may also be applied for.
Article 7 The bank handling the wage margin (hereinafter referred to as the handling bank) shall meet the following conditions for opening, storing, inquiring, withdrawing, canceling the account and opening a letter of guarantee for the wage margin account according to law:
(1) There is a legal person institution of a commercial bank or its authorized branch 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 business services in accordance with regulatory requirements.
Article 8 An insurance company handling the wage deposit shall meet the following conditions for underwriting, inquiring, settling claims and issuing policies and insurance certificates for the performance guarantee insurance of migrant workers’ wage payment according to law:
(a) there is an insurance company legal person institution or its authorized branch in the wage deposit management area where the project is located;
(2) It has a good credit rating and excellent service level, and promises to provide special insurance products (one-year and multi-year) for the performance of wage payment for migrant workers filed in China Banking and Insurance Regulatory Commission, China in accordance with regulatory requirements.
Article 9 General contracting of constructionunitIt shall, within 20 working days from the date of obtaining the construction permit (approval of the commencement report) 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 and approve the commencement report according to law), hold the business license, the construction contract signed with the construction unit and the differentiated deposit certification materials, and open a special account for wage deposit in the handling bank to store the wage deposit. The name of the special account is the name of the construction general contractor plus the name of the project plus the "special account for wage deposit".
If the general contractor has two or more projects under construction in the same wage margin management area, it may open a new special account, or manage the projects separately under the existing special account, provided that it meets the regulatory requirements of the project location.
For the project contracted by the consortium, the construction unit and the contractor agree in the contract agreement on the deposit subject, sharing and method of the wage deposit. If there is no agreement, the organizer or leader of the consortium will store the wage deposit.
Article 10 General construction contract for storing wage depositunitThe Agreement on Deposit of Migrant Workers’ Wages shall be signed with the handling bank (Annex 1), and a copy of the Agreement shall be sent to the local administrative department of human resources and social security for the record.
Article 11 The handling bank shall standardize the work of opening a wage margin account, provide necessary convenience for storing the wage margin, verify the nature of the account with the account opening unit, make special marks on the wage margin account in the business system, and make overall restrictions on seizure, freezing or transfer settings on relevant network inspection and control platforms and electronic special line information transmission systems to prevent improper seizure, freezing or transfer, and ensure the safety of funds.
Article 12 The wage deposit shall be stored according to a certain proportion of the project construction contract amount (or annual contract amount), and shall be distinguished according to the following circumstances:
(1) If the contract amount is more than 300 million yuan (inclusive), the storage ratio of wage deposit shall be 1%, and the storage amount shall not exceed 5 million yuan;
(two) the contract amount is less than 300 million yuan, the wage deposit storage ratio is 2%, and the storage amount is not more than 3 million yuan.
Article 13 In any of the following circumstances, the wage deposit shall be managed in a differentiated manner:
(1) General contracting of constructionAfter the unit stores the wage deposit or submits the bank guarantee and guarantee insurance, it undertakes the construction of the project in the wage deposit management area.In a certain period of time, if there is no wage arrears, the real-name management of employment and the special account for migrant workers’ wages are implemented as required, or if the employee has obtained the title of labor security integrity demonstration unit, excellent construction enterprise and A-level evaluation of labor security integrity level, after application, the salary deposit for the new project should be reduced or exempted from storage.
1. If there is no wage arrears for two consecutive years and the real-name management of employment and the special account system for migrant workers’ wages are implemented as required, the storage ratio of wage deposit will drop by 50% (the starting date will be calculated retrospectively from the date of application);
2. If there is no wage arrears for three consecutive years and the real-name management of employment and the special account system for migrant workers’ wages are implemented as required, the wage deposit is exempted (the starting date is calculated retrospectively from the date of application);
3. Provincial labor security integrity demonstration units are exempt from storing wage deposits within 3 years in the whole province, and municipal labor security integrity demonstration units are exempt from storing wage deposits within 3 years or credit rating A-level enterprises within 1 year in the administrative area of this Municipality (counting time is calculated from the date specified in the integrity demonstration unit certificate or the date of release of rating evaluation);
4. Excellent construction enterprises at the provincial level are exempted from storing wage deposits within 2 years in the whole province, and excellent construction enterprises at the municipal level are exempted from storing wage deposits within 2 years in the administrative area of this Municipality (counting from the date specified in the certificate of excellent construction enterprises).
(2) The general contractor of construction has more than 3 projects under construction in the same wage deposit management area, and the storage ratio will be lowered by 0.5% on the basis of differentiated deposit, but not less than 0.5% of the construction contract amount.
If the construction contract amount is less than 3 million yuan, and the general contractor of the project has not defaulted on the wages of the project undertaken within one year before the signing of the construction contract, it is exempt from storing the wage deposit.
(3)General contracting of constructionunitWage arrears occurred in the construction project in the wage margin management area within 2 years before storing wage margin or submitting bank guarantee and guarantee insurance. The proportion of wage deposit storage increased by 50%; If the wage arrears of migrant workers are included in the "list of serious untrustworthy subjects", the proportion of wage deposits will increase by 100%; After the increase, it is not limited by the upper limit of storage amount.
Article 14 General contracting of construction that meets the conditions of reducing or exempting wage deposit.unit, a written application shall be submitted to the local administrative department of human resources and social security (Annex 2), and the local administrative department of human resources and social security shall review and give a written reply within 3 working days, and issue the Certificate of Differentiated Deposit of Wage Margin for Migrant Workers (Annex 3). Audit should be comprehensive construction general contracting.unitDaily inspection of honesty and law-abiding, clues about unpaid wages reflect the handling of cases on the platform, and the implementation of the wage payment guarantee system in the wage payment supervision information system for migrant workers.
Article 15 The storage ratio of wage margin can be dynamically adjusted regularly according to the actual situation of ensuring the wage payment of migrant workers in this province, and announced to the public on its own initiative.
Article 16 The principal and interest in the wage guarantee account belong to the construction general contractor who opened the account.unitAll. During the period when the wage deposit account is supervised, the enterprise can freely withdraw and use the interest and other lawful income of the wage deposit.
Except in accordance with the provisions of Article 22 of these Provisions, no other unit or individual may use the principal in the wage guarantee account.
Article 17 The general contractor of construction adopts bank guarantee or guarantee insurance instead of cash to store wage deposit, and the amount of guarantee or insurance of guarantee is equal to the amount of wage deposit stored in cash.
The original bank guarantee and guarantee insurance certificate (Annexes 4 and 5) shall be submitted to the local administrative department of human resources and social security for preservation.
Article 18 The bank guarantee shall be in favor of the local administrative department of human resources and social security, and the nature of the guarantee is irrevocable on demand.
Guarantee insurance replaces wage deposit, and the local administrative department of human resources and social security has the right to claim insurance money on behalf of the insured, and finally pays it to the insured.
Article 19 General contracting of constructionunitEffective letter of guarantee and insurance shall be provided during the construction period of the project, and the validity period of the letter of guarantee and insurance shall be at least one year and exceed the construction contract period by more than 90 days (inclusive). If the unfinished letter of guarantee and insurance of the project expire, the general construction contract will be made.unitA new letter of guarantee and insurance shall be replaced or the validity period of the letter of guarantee and insurance shall be extended one month before its expiration.
Article 20 In accordance with the provisions of differentiated storage, the construction general contracting unit that has reduced or exempted the wage deposit has the problem of wage arrears for migrant workers, and if the circumstances are serious and cause adverse social impact, it shall re-store the wage deposit in accordance with the provisions of wage deposit storage.
Article 21 The local administrative department of human resources and social security shall store the wage deposit or open a bank guarantee and guarantee the general construction contract.unitThe list and the corresponding project name shall be announced to the public, and the construction general contracting enterprise shall incorporate the implementation of the wage guarantee system in this project into the content of the rights protection information bulletin board.
Chapter III Use of Wage Margin
Article 22 General contracting of constructionunitIf the contracted project is in arrears with the wages of migrant workers, the administrative department of human resources and social security of the territory shall make an administrative decision to order it to pay off within a time limit or pay off in advance, and the general construction contract shall be made.unitIf the local human resources and social security administrative department refuses to perform at the due date, it may issue the Notice of Payment of Wage Margin for Migrant Workers (Annex 6, hereinafter referred to as the Notice of Payment) to the handling bank, and notify the relevant general construction contractor and the handling bank in writing. The handling bank shall, within 5 working days after receiving the Notice of Payment, pay the corresponding amount of money from the wage guarantee account to the migrant workers who are in arrears of wages designated by the local administrative department of human resources and social security by bank transfer.
General contracting of constructionunitWhere the bank guarantee or guarantee insurance is used to replace the wage deposit, the agency providing the bank guarantee or guarantee insurance shall pay the wages of migrant workers in accordance with the bank guarantee and guarantee insurance agreement within 5 working days after receiving the Notice of Payment.
Article 23 After the wage deposit is used, the general construction contract will be made.unitThe wage deposit shall be replenished within 10 working days from the date of use.
Where the bank guarantee or guarantee insurance is used to replace the wage deposit, the general construction contract will be undertaken.unitA new letter of guarantee with the same scope and amount of guarantee as the original letter of guarantee, new insurance with the same scope and amount of insurance liability as the original insurance shall be provided within 10 working days, or the wage deposit shall be stored in cash. After the construction general contractor opens a new letter of guarantee and insurance, the original letter of guarantee and insurance liability shall become invalid.
Article 24 Where the wage deposit is stored in cash, the handling bank shall provide the wage deposit statement to the construction general contractor and the local human resources and social security administrative department every quarter.
Article 25 After the completion of the project corresponding to the wage deposit, the general contractor of the construction makes a written commitment that there is no unresolved problem of wage arrears for migrant workers in this project, and can apply for returning (canceling) the wage deposit or returning the original bank guarantee and guarantee insurance certificate 30 days after the rights protection information bulletin board on the construction site and the portal website of the local human resources and social security administrative department are publicized.
The local administrative department of human resources and social security shall complete the examination within 5 working days after the general contractor submits the written application (Annex 7), and issue the Confirmation Letter of Return (Cancellation) of Wage Margin for Migrant Workers within 3 working days after the examination (Annex 8). After the handling bank receives the confirmation letter, the wage deposit account will be deregistered, and the corresponding funds will no longer belong to the wage deposit. The general contractor can freely dispose of the account funds or cancel the account.
If the bank guarantee or guarantee insurance is used to store the wage deposit instead of cash, and it complies with the provisions of the first paragraph of this article, the local administrative department of human resources and social security shall undertake the general construction contract.unitSubmit a written application and review it within 5 working days, and return the original bank guarantee and guarantee insurance certificate within 3 working days after review.
The local administrative department of human resources and social security finds that there is an unresolved problem of wage arrears for migrant workers in the corresponding project during the audit, and should inform the general contractor in writing within 3 working days after the audit is completed. After the general contractor performs the responsibility of paying off (paying off first) according to law, it can submit a written application for returning (canceling) the wage deposit or returning the original bank guarantee and guarantee insurance certificate again.
Article 26 The local administrative department of human resources and social security shall establish a regular (at least once every six months) check mechanism for the wage guarantee. If it is verified that the project is completed and there is no problem of wage arrears for migrant workers, the general contractor of construction fails to submit the application for return within a certain period of time, it should take the initiative to start the return procedure.
Article 27 General contracting of constructionunitIf an administrative act of an administrative department damages its lawful rights and interests, it may apply for administrative reconsideration or bring an administrative lawsuit to a people’s court according to law.
Chapter IV Supervision of Wage Margin
Article 28 The competent department of industrial engineering construction shall inform the relevant units in writing to store the wage deposit in time when issuing the construction permit or approving the commencement report, and feed back the basic information of the project to the local administrative department of human resources and social security in writing within 3 working days.
Article 29 The wage deposit shall be earmarked for special purposes, except for paying off (paying off first) the general construction contract.unitThe contracted projects shall not be used for other purposes except the wages owed to migrant workers.
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 for this project.
Article 30 The administrative department of human resources and social security should strengthen supervision and control over the general contracting of construction.unitFailing to store or supplement the wage deposit (or provide or update the guarantee and guarantee insurance) according to the Regulations on the Protection of Wage Payment of Migrant Workers and these Measures, the legal liability shall be investigated in accordance with the provisions of Article 55 of the Regulations on the Protection of Wage Payment of Migrant Workers.
For the general construction contract that fails to implement the wage guarantee system according to the regulations.unitIn addition to administrative punishment (handling) according to law, it should be included in its credit record in accordance with relevant regulations, and credit punishment should be implemented according to law.
If banks, insurance companies and other agencies fail to handle the wage guarantee business according to the regulations, the provincial human resources and social security administrative department will take regulatory measures in conjunction with the financial regulatory department according to law.
Article 31 The administrative department of human resources and social security in the territory should establish a wage guarantee management ledger, strictly regulate the financial and auditing systems, strengthen account supervision, and ensure earmarking. The management ledger should include relevant information such as the storage, filing, use and return of the wage margin, and be included in the management of the supervision information system for ensuring the wage payment of migrant workers.
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.
If the administrative department arbitrarily reduces or exempts, collects over the limit, misappropriates illegally, or delays the return of the wage deposit without any reason, the responsibility shall be seriously investigated, and the relevant responsible personnel shall be held accountable according to the law and regulations; Those suspected of committing a crime shall be transferred to judicial organs for handling.
Chapter V Supplementary Provisions
Article 32 Other projects outside the fields of housing, municipal administration, railways, highways, waterways, civil aviation, water conservancy and communications shall be implemented with reference to these measures.
Where the wage guarantee is replaced by the guarantee company’s guarantee, it shall be implemented with reference to the relevant provisions of the bank guarantee.
Article 33 These Measures shall be interpreted by the Provincial Department of Human Resources and Social Security in conjunction with the Provincial Development and Reform Commission, the Provincial Department of Housing and Urban-Rural Development, the Provincial Department of Transportation, the Provincial Department of Water Resources, the Provincial Communications Administration, the Hefei Central Branch of the People’s Bank of China, and the Anhui Supervision Bureau of China Banking and Insurance Regulatory Commission, China. Major problems encountered in the implementation, please report to the Provincial Department of Human Resources and Social Security in a timely manner.
Article 34 These Measures shall come into force as of the date of promulgation.
Before the implementation of these Measures, the wage deposit, bank guarantee or guarantee insurance that has been stored according to the original wage deposit policy of the territory shall remain valid, and its daily management, use and return shall be implemented in accordance with the original provisions; 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.
Attachment: 1. Deposit Agreement for Wage Margin of Migrant Workers (Sample)
2. Application Form for Differentiated Deposit of Wage Margin for Migrant Workers (Sample)
3 migrant workers’ wage margin differential deposit certificate (sample)
4 migrant workers’ wage deposit bank guarantee (sample)
5 migrant workers’ wage payment performance guarantee insurance certificate (sample)
6. Notice of Payment of Wage Margin for Migrant Workers (Sample)
7 migrant workers’ wage deposit return (cancellation) application form (sample)
8 migrant workers’ wage deposit return (cancellation) confirmation (sample)
Attachment 1-8.doc