The measures referred to in migrant workers' wages security fund for construction enterprises refers to the construction enterprises engaged in civil engineering, construction engineering and its supporting lines and pipelines, equipment installation, decoration, urban landscaping and other engineering construction within the administrative area of this Municipality, which are uniformly paid and stored in special accounts for the emergency security fund for paying the wages owed by construction enterprises to migrant workers.
These Measures shall apply to the deposit, payment, refund, supervision and management of the wage margin for migrant workers in construction enterprises in this Municipality.
The city set up a deposit payment window in the municipal administrative service center. After receiving the deposit paid by the construction enterprise, the municipal settlement office shall issue relevant receipts and vouchers on the spot.
When the capital turnover of construction enterprises is difficult and they are unable to pay the wages of migrant workers, they can apply for the use of enterprise security funds to pay the wages of migrant workers according to the following procedures:
(a) construction enterprises to fill in the "Nanjing construction enterprises use wages to pay security application form", to the municipal government service center security payment window submitted to the municipal debt office;
(two) the municipal debt office shall verify the enterprise application and sign the examination and approval opinions within 5 working days;
(three) the construction enterprise shall withdraw from the deposit account in accordance with the approved amount;
(four) the construction enterprise shall make up the deposit within 60 days after receiving the deposit.
Construction enterprises in arrears with the wages of migrant workers and one of the following circumstances occurs, the people's government where the project is located may apply to the municipal government for emergency use of security funds to co-ordinate the use:
(a) the construction enterprise refuses to pay the wages owed to migrant workers;
(two) the main person in charge of the construction enterprise is missing or hiding. ;
(3) Construction enterprises stop their business activities.
After being approved by the municipal government, the district government that filed the application shall return it within 90 days from the date of collection.
If a construction enterprise pays the deposit in full every year, and fails to pay the wages of migrant workers during the period, and pays the wages to migrant workers through the citizen card according to the regulations, upon application by the enterprise, the Municipal Clearing Office may refund it according to 30% of its deposit standard, but the accumulated refund shall not exceed 80% of its deposit standard.
In accordance with the provisions of the refund of the deposit, the construction enterprise in arrears of wages for migrant workers, the enterprise shall make up the deposit in accordance with the provisions of the first paragraph of article sixth of these measures; In case of mass incidents caused by wage arrears of migrant workers, the enterprise shall make up the deposit in accordance with the standards stipulated in the second paragraph of Article 6 of these Measures.
The general contracting construction enterprise shall strengthen the management of the employment and wage payment of the subcontracting construction enterprise, and check the deposit certificate of the subcontracting enterprise when subcontracting. If the subcontracting construction enterprise fails to pay the security fund, the general contracting construction enterprise shall advance the wages of migrant workers in advance.
Construction enterprises leave this city, or after the cancellation of the enterprise, if the project undertaken in this city has been completed and accepted for one year, the security fund can be fully refunded according to the following procedures:
(a) construction enterprises in the municipal government service center security payment window to submit the "Nanjing construction enterprise migrant workers wage security refund application form" and related materials (construction enterprise credit management manual verification certificate or certificate of cancellation of business license);
(two) by the municipal debt office audit, does not meet the conditions, it shall explain the reasons in writing; Meet the conditions, in the relevant media publicity 15 days. If there is no objection at the expiration of the publicity period, the balance of the deposit and the current interest of the bank will be refunded.
Construction enterprises that have fully refunded the deposit and then enter the city to undertake construction projects shall re-pay the deposit in accordance with the standards stipulated in these Measures.
The construction unit or general contracting construction enterprise shall ensure that the project payment or subcontracting project payment is in place in time.
If the construction unit fails to pay the project payment in accordance with the contract, causing the construction enterprise or subcontracting enterprise to default on the wages of migrant workers, the construction unit shall pay the wages of migrant workers in advance. If the general contracting enterprise fails to pay the subcontracting project funds in accordance with the contract, causing the construction enterprise or the subcontracting enterprise to default on the wages of migrant workers, the general contracting construction enterprise shall pay the wages of migrant workers in advance.
Construction enterprises should sign labor contracts with workers in accordance with the law, improve the wage management system for migrant workers, establish a ledger for migrant workers' attendance and wage payment, and strictly implement the provisions of directly paying migrant workers' wages through citizen cards.
Construction enterprises shall not pay the wages of migrant workers to contractors or other organizations and individuals who do not have the qualification of employment subject; It is not allowed to deduct or default the wages of migrant workers on the grounds of defaulting on project funds, resolving disputes, and paying for construction.
When issuing credit management manuals and construction permits for construction enterprises and conducting annual verification, the housing construction department shall check the deposit certificates of construction enterprises.
City debt office should strengthen the supervision and management of daily work such as deposits, payments, refunds and the establishment of statistical ledgers, and regularly organize relevant departments to carry out joint inspections.
The municipal finance, auditing and supervision departments shall, according to their respective responsibilities, strengthen the supervision and management of the legal and rational use of funds to ensure the safety of funds in special accounts.
The deposit and use of the deposit shall be included in the credit evaluation and assessment of the construction enterprises and project leaders.
Safety supervision and management departments and their staff do not perform their duties, neglect management, engage in malpractices for selfish ends, and the relevant responsibilities of the relevant responsible persons shall be investigated according to law.
These Measures shall come into force on August 20 14 10, and the original Measures for the Administration of Wage Margin for Migrant Workers in Construction Enterprises in Nanjing (Provisional) (No.51No.2006) shall be abolished at the same time. After the implementation of these measures, each district shall not collect security funds repeatedly.
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