Review of Construction Environmental Capital Law (No.17) | Seven Departments Jointly Issued "Provisions on Wage Deposit for Migrant Workers in Engineering Construction Field"

Ministry of Human Resources and Social Security Ministry of Housing and Urban-Rural Development

Ministry of Transport Ministry of Water Resources Banking Insurance Regulatory Commission Railway Administration Civil Aviation Administration

Notice on Issuing the Provisions on Wage Deposit for Migrant Workers in the Field of Engineering Construction

 

Ministry of Human Resources and Social Security [2021] No. 65

 

All provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps Human Resources and Social Security Department (Bureau), Housing and Urban-Rural Development Department (Committee, Management Committee, Bureau), Transportation Department (Bureau, Committee), Water Conservancy (Water Affairs) Department (Bureau), Banking and Insurance Supervision Bureau, Regional Railway Supervision Bureau, Civil Aviation Regional Administration: Authorized in accordance with the "Regulations on Guaranteeing the Payment of Migrant Workers' Wages, the Ministry of Human Resources and Social Security, the Ministry of Housing and Urban-Rural Development, the Ministry of Transport, the Ministry of Water Resources, the China Banking and Insurance Regulatory Commission, the Railway Administration, and the Civil Aviation Administration have formulated the" Regulations on Wage Deposits for Migrant Workers in the Field of Engineering Construction." It is now printed to you, please follow the implementation.

 

Ministry of Human Resources and Social Security Ministry of Housing and Urban-Rural Development Ministry of Transport Ministry of Water Resources Banking Insurance Regulatory Commission Railway Administration Civil Aviation Administration

August 17, 2021

 

Provisions on Wage Deposit for Migrant Workers in the Field of Engineering Construction

 

Chapter I General Provisions

 

Article 1In order to protect the wage rights and interests of migrant workers in accordance with the law and give full play to the important role of wage deposit in solving the problem of wage arrears of migrant workers, these provisions are formulated in accordance with the regulations on ensuring the payment of wages of migrant workers.

Article IIThe wage deposit referred to in these regulations refers to the establishment of an account in the bank by the general contracting unit in the field of engineering construction (including the professional contracting enterprise that directly contracts the contracting project of the construction unit) and stores it in accordance with a certain proportion of the project construction contract amount, which is specifically used to pay for the The special funds for migrant workers who provide labor for the contracted project are owed wages.

The wage margin may be replaced by a bank guarantee issued by a banking financial institution,Conditional areas may also explore the introduction of engineering guarantee company guarantees or engineering guarantee insurance.

Article IIIThese Provisions shall apply to the storage ratio, storage form, relief measures and return of use of wage deposits in the field of engineering construction.

Article 4The provincial administrative departments of human resources and social security are responsible for organizing the implementation of the wage deposit system in their respective administrative regions.

Local human resources and social security administrative departments should establish and improve the consultation mechanism with the local industry engineering construction authorities and financial supervision departments, strengthen information notification and law enforcement cooperation, and ensure the standardized and stable operation of the wage deposit system.

Article VIn principle, the wage bond system is specifically managed by the prefecture-level human resources and social security administrative department. Where conditions permit, the management level can be gradually upgraded to the provincial human resources and social security administrative department.

The prefecture-level or provincial-level human resources and social security administrative departments that implement specific management are hereinafter referred to as "territorial human resources and social security administrative departments"; the corresponding administrative regions are hereinafter collectively referred to as "wage margin management areas".

If the geographical location of the same project involves two or more wage deposit management areas, and a jurisdiction dispute occurs, the common higher-level human resources and social security administrative department shall consult with the industry engineering construction department at the same level to designate jurisdiction.

 

Chapter II Wage Security Deposit Storage

 

ARTICLE VIThe general construction contractor shall deposit a wage deposit or apply for a bank guarantee in the bank where the project is located.

Article VIIThe bank handling the wage deposit (hereinafter referred to as the handling bank) shall, in accordance with the law, handle the opening, storage, inquiry, withdrawal, cancellation and issuance of a letter of guarantee for the wage deposit account, and shall have the following conditions:

The (I) has a branch office in the area where the project is located;

The (II) has a good credit rating and excellent service level, and is committed to providing wage margin business services in accordance with regulatory requirements.

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

The competent department of industry engineering construction shall inform the relevant units to store the wage deposit in a timely manner when issuing the construction permit or approving the start-up report.

Article IXThe construction general contracting unit that stores the wage deposit shall sign the "Migrant Workers' Wage Deposit Agreement" (Annex 1) with the handling bank, and send a copy of the agreement to the local human resources and social security administrative department for the record.

Article XThe handling bank shall standardize the opening of the wage deposit account, provide necessary convenience for storing the wage deposit, verify the nature of the account with the account opening unit, make special marks on the wage deposit account in the business system, and make overall restrictions on sealing up, freezing or allocation in relevant network check and control platforms and electronic dedicated line information transmission systems, so as to prevent improper sealing up, freezing or allocation and ensure the safety of funds.

Article 11 The wage deposit shall be stored according to a certain proportion of the project construction contract amount (or annual contract amount), in principle not less than 1% and not more than 3%. If the single project contract amount is higher, the storage limit can be set.

The construction general contractor has multiple projects under construction in the same wage margin management area, and the storage ratio may be appropriately lowered but not less than 0.5 per cent of the construction contract amount (or annual contract amount).

If the construction contract amount is less than 3 million yuan, and the construction general contractor of the project has not defaulted on wages in the project undertaken within one year before the signing of the construction contract, each region may, in combination with the actual payment of migrant workers' wages guaranteed by the industry, exempt the project from storing wage deposit.

The construction contract amount specified in the preceding paragraph may be appropriately adjusted, and the scope of adjustment shall be determined by the provincial human resources and social security administrative department in conjunction with the industry engineering construction department, and reported to the Ministry of Human Resources and Social Security, the Ministry of Housing and Urban-Rural Development, the Ministry of Transport, and the Ministry of Water Resources, Railway Administration, and Civil Aviation Administration for the record.

Article 12After the construction general contractor stores the wage deposit or submits the bank guarantee,If there is no wage arrears for 2 consecutive years in the construction project in the wage deposit management area, the storage ratio of the new project shall be reduced by not less than 50%; If there is no wage arrears for 3 consecutive years and the real-name management of employment and the special account system for migrant workers' wages are implemented as required, the new projects can be exempted from the storage of wage deposit.

If the construction general contractor stores the wage deposit or submits the bank guarantee within 2 years before the construction project in the wage margin management area is in arrears, the proportion of wage deposit storage shall be appropriately increased,The increase is not less than 50%; for those who are included in the "list of seriously dishonest subjects" due to arrears of wages of migrant workers, the increase is not less than 100.

Article 13The specific storage ratio and floating method of wage deposit shall be determined by the provincial human resources and social security administrative department in consultation with the industry engineering construction department at the same level, and reported to the Ministry of human resources and social security for the record. The proportion of wage deposit storage shall be adjusted regularly and dynamically according to the actual situation of the wage payment of migrant workers in the administrative region, and shall be announced to the public on its own initiative.

Article 14 The principal and interest in the wage deposit account shall be owned by the construction general contractor that opened the account. During the period when the wage margin account is regulated, the enterprise is free to withdraw and use the interest and other legal income of the wage margin.

Except for the circumstances specified in Article 19 of these Provisions, no other unit or individual may use the principal in the wage deposit account.

Article XVThe general construction contractor may choose to replace the cash deposit with a bank guarantee, and the amount of the guarantee shall not be less than the amount of the wage deposit to be stored in accordance with the prescribed proportion.

The original letter of guarantee shall be kept by the local administrative department of human resources and social security.

Article 16 The bank guarantee shall be the beneficiary of the territorial human resources and social security administrative department, and the nature of the guarantee shall be an irrevocable demand guarantee (Annex 2).

In the event of arrears of wages to migrant workers in the project contracted by the construction general contractor, the administrative department of human resources and social security shall, in accordance with the law, make an administrative decision to order it to pay off within a time limit or pay off in advance, and when it is due to refuse to pay off, the handling bank shall bear the guarantee responsibility in accordance with the letter of guarantee.

Article 17The construction general contractor shall provide a valid guarantee during the construction period of the project, and the guarantee shall be valid for at least one year and not shorter than the contract period. If the unfinished guarantee of the project expires, the local human resources and social security administrative department shall remind the construction general contractor to replace the new guarantee or extend the validity period of the guarantee one month before the expiration of the guarantee.

Article 18The administrative department of human resources and social security in the territory shall announce to the public the list of construction general contracting units that store wage deposits or issue bank guarantees and the corresponding project names, and the construction general contracting unit shall include the implementation of the wage deposit system for this project in the contents of the rights protection information notice board.

 

Chapter III Use of Wage Security Deposit

 

Article 19If the project contracted by the general construction contractor is in arrears with the wages of migrant workers, the administrative department of human resources and social security shall make an administrative decision according to law to order the payment within a time limit or in advance. If the general construction contractor refuses to perform when the time limit expires, the local human resources and social security administration The department can issue the "Payment Notice of Migrant Workers Wage Deposit" (Annex 3, hereinafter referred to as the "Payment Notice"), 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 deposit account to the migrant workers designated by the administrative department of human resources and social security in the territory.

The construction general contracting unit adopts a bank guarantee instead of a wage deposit, and in the event of the preceding paragraph, the handling bank providing the bank guarantee shall, within 5 working days of receiving the Notice of Payment, pay the wages of migrant workers in accordance with the bank guarantee agreement.

Article 20After the use of the wage deposit, the construction general contractor shall.The salary deposit will be made up within 10 working days from the date of use.

In the case of the use of a bank guarantee instead of a wage deposit in the case of the preceding paragraph,The general contractor shall provide a new guarantee with the same guarantee scope and amount as the original guarantee within 10 working days.After the construction general contractor opens a new guarantee, the original guarantee is invalid.

Article 21The handling bank shall provide the wage deposit statement to the general construction contractor and the local human resources and social security administrative department on a quarterly basis.

Article 22 When the project corresponding to the wage deposit is completed, the construction general contractor makes a written commitment that there is no unresolved problem of wage arrears for migrant workers in the project, and can apply for the return of the original wage deposit or bank guarantee after 30 days of publicity on the construction site rights protection information notice board and the portal website of the local human resources and social security administrative department.

The territorial human resources and social security administrative department shall complete the examination within 5 working days from the written application submitted by the construction general contractor, and issue a confirmation letter of wage deposit return (account cancellation) to the handling bank and the construction general contractor within 3 working days after the examination is completed. After the handling bank receives the confirmation, the wage margin account will be released from supervision, the corresponding amount will no longer belong to the wage margin, and the construction general contractor can freely control the account funds or handle the account cancellation.

If you choose to use a bank guarantee instead of cash to store the wage deposit and meet the provisions of the first paragraph of this article, the local human resources and social security administrative department shall complete the examination within 5 working days from the written application submitted by the construction general contractor, and return the original bank guarantee within 3 working days after the examination.

During the review process, the territorial human resources and social security administrative department found that there was an unresolved problem of wage arrears for migrant workers in the corresponding project of the wage deposit, and it should notify the construction general contractor in writing within 3 working days after the review is completed, and the construction general contractor fulfills the repayment (After paying off in advance) responsibilities, a written application for returning the wage deposit or returning the original bank guarantee may be submitted again.

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

Article 23If the general construction contractor considers that the administrative act of the administrative department harms its legitimate rights and interests, it may apply for administrative reconsideration or bring an administrative lawsuit to the people's court in accordance with the law.

 

Chapter IV Supervision of Wage Deposit

 

Article 24The wage deposit shall be earmarked for special purposes, and shall not be used for other purposes except for paying off or first paying off the wages owed to migrant workers in the project contracted by the general construction contractor.

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

Article 25The administrative department of human resources and social security shall strengthen supervision, and if the construction general contractor fails to store or make up the wage deposit (or provide or update the guarantee letter) in accordance with the regulations on ensuring the wage payment of migrant workers and these provisions, it shall be investigated for legal responsibility in accordance with Article 55 of the regulations on ensuring the wage payment of migrant workers.

Article 26The territorial human resources and social security administrative department shall establish a wage margin management account, strictly standardize the financial and audit system, strengthen account supervision, and ensure that the special funds are used exclusively.

The competent department of industry 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 in accordance with the regulations found in the daily supervision and inspection. For construction units that fail to implement the wage bond system in accordance with the regulations, in addition to administrative penalties (handling) in accordance with the law, they shall be included in their credit records in accordance with relevant regulations and implement credit punishments in accordance with the law.

For the administrative department's unauthorized reduction or exemption, over-quota collection, illegal misappropriation, or unreasonable delay in returning the wage deposit, the responsibility shall be seriously investigated, and the relevant responsible personnel shall be held accountable in accordance with laws and regulations; if a crime is suspected, it shall be transferred to the judicial organ for handling.

 

Chapter V Supplementary Provisions

 

Article 27Other projects other than those in the fields of housing and municipal administration, railways, highways, waterways, civil aviation and water conservancy shall be implemented with reference to these Provisions.

If the guarantee letter of the project guarantee company or the project guarantee insurance is adopted instead of the wage deposit, the relevant provisions of the bank guarantee shall be carried out in accordance with the relevant provisions of the bank guarantee letter.

Article 28The Ministry of Human Resources and Social Security, together with the Ministry of Housing and Urban-Rural Development, the Ministry of Transport, the Ministry of Water Resources, the Banking and Insurance Regulatory Commission, the Railway Administration and the Civil Aviation Administration are responsible for the interpretation of these provisions. All regions may, in accordance with these provisions and in the light of the actual work, formulate specific implementation measures and file them with the Ministry of Human Resources and Social Security, the Ministry of Housing and Urban-Rural Development, the Ministry of Transport, the Ministry of Water Resources, the Banking and Insurance Regulatory Commission, the Railway Administration and the Civil Aviation Administration. Please report to the Ministry of Human Resources and Social Security in a timely manner any major problems encountered in the implementation.

Article 29These Provisions shall come into force as of November 1, 2021.

Before the implementation of these regulations, the wage deposit or guarantee letter stored in accordance with the original wage deposit policy of the territory shall continue to be valid, and its daily management, use and return shall be implemented in accordance with the original regulations; After the implementation of these regulations, the wage deposit for newly started projects and projects in progress that have not yet stored wage deposit shall be implemented in accordance with these regulations and the specific implementation measures of each region.

 

Attachments:

1. Agreement on Wage Deposit of Migrant Workers (Sample)

2. Bank guarantee for wage deposits for migrant workers (sample)

3. Notice of Payment of Wage Deposit for Migrant Workers (Sample)