Qingyuan City Housing and Construction Bureau issued the Notice on Doing a Good Job in the Guarantee of Migrant Workers' Wage Payment in June 2008, proposing to implement the project payment guarantee system in the field of engineering construction, and use economic means to constrain the construction unit to perform the contract and prevent the project payment from being in arrears. With the Regulation on the Protection of Migrant Workers' Wage Payment (hereinafter referred to as the Regulation) stipulating that the project payment guarantee is the legal obligation of the construction unit, the importance of the project payment guarantee system is further highlighted.
Therefore, in order to further promote the implementation of the project payment guarantee system and protect the legitimate rights and interests of migrant workers, Qingyuan Housing and Construction Bureau issued the Notice on Implementing the Project Payment Guarantee System (hereinafter referred to as the Notice), which clearly stipulated the guarantee method, amount and processing time limit.
First, standardize the way of guarantee and promote the implementation of the system.
Focusing on the guarantee method, the Notice clarifies that "financial institutions, insurance institutions or professional guarantee institutions can be selected for the payment guarantee of project funds" and stipulates the qualification conditions of financial institutions, insurance institutions and professional guarantee institutions.
On the one hand, defining the type of guarantor is the implementation of "supporting banking financial institutions, project guarantee companies and insurance institutions as project guarantee guarantors to carry out project guarantee business" in the guidance of the Ministry of Housing and Urban-Rural Development and other departments. On the other hand, it also responded to Qingyuan Housing and Urban-Rural Development Bureau's Notice on Ensuring the Payment of Migrant Workers' Wages, "encouraging the implementation of various forms of construction project guarantees such as guarantee insurance".
Putting forward the qualification requirements for the guarantor is helpful to ensure that banks, insurance companies and professional engineering guarantee institutions bear joint and several liability for the letter of guarantee or guarantee issued by them. Take the project payment guarantee insurance as an example. According to the Notice of Qingyuan Housing and Construction Bureau on Promoting the Work Related to Construction Project Guarantee Insurance, the contract payment guarantee insurance for the employer, as one of the types of construction project guarantee insurance, has been popularized in the field of engineering construction since 20 18. The notice stipulates that insurance institutions refer to insurance companies that can engage in guarantee insurance business with the approval of the CBRC, which raises the threshold of project payment guarantee insurance business and contributes to the steady implementation of the project payment guarantee system.
Second, refine the amount regulations and implement the auxiliary system.
Focusing on the amount of guarantee, the Notice requires that the amount of guarantee should comply with the contract. If there is no agreement in the contract, it should be able to meet the needs of measurement and payment for engineering construction in a certain period of time.
This provision is aimed at the disputes caused by the imperfect contents of the construction project contract in practice: if the parties to the contract have an agreement on the pricing standard or method of the construction project, the project price shall be settled according to the agreement, and the guarantor shall also determine the guarantee amount accordingly; If there is no agreement in the contract, the guarantor shall ensure that the guaranteed amount can meet the needs of engineering construction measurement and payment within a certain period of time.
Combined with the detailed provisions in practice, the notice actually supplemented the provisions that "when the construction unit and the general contractor conclude a written project construction contract according to law, they should stipulate the project payment measurement period, the project payment schedule settlement method and the labor cost allocation period, and stipulate the labor cost according to the requirements of ensuring the timely and full payment of migrant workers' wages".
Third, clear the time limit and pay close attention to the implementation of the system.
Focusing on the processing time limit, the Notice clarifies that the construction unit will complete the project payment guarantee within 1 month after receiving the construction permit; If the construction unit requires the construction unit to provide performance guarantee for the projects under construction before and after May 2020 1 and the projects under construction before May 2020 1, the construction unit shall complete the project payment guarantee within two weeks after the notice is issued (before June 18).
For projects under construction, the Notice takes the implementation regulations as the boundary. On the one hand, it is clear that the construction unit that received the construction permit before the implementation of the regulations should reissue the project payment guarantee according to the principle of reciprocity (if the tenderer requires the winning bidder to provide the performance guarantee, it should also provide the project payment guarantee to the winning bidder), on the other hand, all the construction units that received the construction permit after the implementation of the regulations are required to handle the project payment guarantee-the former is helpful to establish the "project payment guarantee" between the construction unit and the construction unit.
In view of the newly reported construction projects, unlike Anhui's practice that "if the construction unit requires the contractor to provide performance guarantee, it should provide the project payment guarantee, otherwise it will be deemed that the construction funds have not been implemented and the construction permit will not be processed", Qingyuan City limits the processing time of the project payment guarantee to the construction permit of the construction unit's site 1 month. Combined with the "Regulations" twenty-third "did not meet the needs of construction funds, construction projects shall not start construction; If a construction permit is required according to law, the competent department of engineering construction in relevant industries shall not issue the construction permit. The Notice also provides multiple guarantees for the construction unit to pay the project funds and the construction unit to pay the wages of migrant workers.
In order to ensure the implementation of the system, Article 57 of the Regulations on the Protection of Wage Payment for Migrant Workers has stipulated that if the construction unit fails to provide guarantee for payment of project funds according to law, the administrative department of human resources and social security and the competent department of engineering construction in related industries shall order it to make corrections within a time limit according to their duties; If no correction is made within the time limit, the project shall be ordered to stop work and a fine of 50,000 yuan to 65,438+10,000 yuan shall be imposed. Correspondingly, the circular also requires the housing and construction departments at all levels to intensify inspection, and order the projects that have not been guaranteed for payment of project funds to be rectified within a time limit or ordered to stop work and impose a fine.
Qingyuan City has improved the construction of the project payment guarantee system by stipulating the guarantee method, guarantee amount and processing time limit. Of course, considering the future institutional innovation of the higher authorities such as the Ministry of Housing and Urban-Rural Development, the Notice also proposes that if the Ministry or office has clear provisions on the form, duration and amount of the guarantee, the documents of the Ministry or office shall prevail. It can be expected that the project payment guarantee system will give Qingyuan migrant workers a shot in the arm and build a "protective wall" for their legitimate rights and interests.