Chapter 1 General Principles

Article 1 In order to regulate the payment behavior of migrant workers' wages，Guarantee migrant workers to obtain wages in full on time，According to the "Labor Law of the People's Republic of China" and relevant laws and regulations，Develop this Regulations。

Article 2 to ensure the salary payment of migrant workers，Applicable this Regulations。

Migrant workers mentioned in these regulations，refers to the rural residents that provide labor for employers。

Wages mentioned in these Regulations，refers to the labor remuneration that migrant workers should obtain after providing labor for employers。

Third, migrant workers have the right to obtain wages in full on time。No unit or individual shall be arrears of wages of migrant workers。

Migrant workers should abide by labor discipline and professional ethics，Perform labor safety and health regulations，Complete labor task。

Article 4 The local people's governments at or above the county level are responsible for the payment of salary of migrant workers in their administrative regions，Establish a coordination mechanism for ensuring the salary payment work of migrant workers，Strengthen supervision capacity building，Improve the target responsibility system for the payment of migrant workers' wage payment work，and incorporate the content of the assessment and supervision of the relevant departments of the people's government at the same level and the lower -level people's governments。

Township People's Government、The street office shall strengthen the investigation and adjustment of the contradiction of wages in arrears of migrant workers，Preventing and resolving contradictions，Timely mediation dispute。

Fifth to ensure the salary payment of migrant workers，should adhere to the responsibility of the market player、Government supervision according to law、Social Cooperation Supervision，According to the source governance、Prevention、Prevention and control、The requirements of both specimens，Cure in accordance with the law, arrears of wages of migrant workers。

Article 6 The employer implements the real -name management system of migrant workers' labor and use，Written agreed or regulated by the recruited migrant workers or the rules and regulations formulated in accordance with the law、Payment time、Payment method and other content。

Article 7 The organizational coordination of the human resources and social security administrative department is responsible for ensuring the payment of migrant workers' wages、Management guidance and supervision and inspection of migrant workers' salary payment，Investigating and dealt with a case of arrears of wages of migrant workers。

housing urban and rural construction、Transportation、Water conservancy and other related industries and construction authorities in engineering construction performing industry supervision responsibilities in accordance with their duties，Supervisor issued a contract due to illegal laws、Transfer、illegal subcontract、Hanging、Cases of arrears of migrant workers' wages caused by arrears of engineering funds。

Development and reform and other departments are responsible for the approval management of government investment projects in accordance with their responsibilities，Examine the source of funds and raising methods of government investment projects in accordance with the law，Arrange government investment in time as required，Strengthen the construction of a social credit system，Organization restricts and punish the migrant workers' wages of dishonesty in accordance with laws and regulations。

The financial department is responsible for the budget management of government investment funds，Pay government investment funds in a timely and time in time in accordance with the approved budget。

Public security organs are responsible for accepting timely acceptance、Investigation office suspected of refusing to pay for labor remuneration criminal cases，Social security cases caused by migrant workers' wages in accordance with the law。

Judicial Administration、Natural Resources、People's Bank of China、Audit、State -owned Assets Management、Tax、Market Supervision、Financial Supervision and other departments，Do a good job of paying in accordance with the responsibilities to ensure the payment of the salary of migrant workers。

Article 8 of the Trade Union、Communist Youth Group、Women's Federation、The Disabled Persons Federation and other organizations to maintain the right to obtain wages obtained by migrant workers in accordance with their responsibilities。

Article 9 of the news media shall carry out public welfare publicity and advanced typical reports that guarantee the wages and regulations of migrant workers' wages，Strengthen public opinion supervision of the wages of migrant workers in accordance with the law，Guide employers to enhance employment、Legal consciousness of paying wages in full on time，Guide migrant workers to protect their rights in accordance with the law。

Article 10 Migrant workers who have been arrears of wages have the right to complain in accordance with the law，or apply for labor dispute mediation arbitration and litigation。

Any unit or individual's behavior against migrant workers，It has the right to report to the human resources and social security administrative department or other relevant departments。

Human Resources and Social Security Administrative Department and other relevant departments shall publicly report a complaint phone call、Website and other channels，Report to accept the wages of migrant workers in accordance with the law、Complaint。For reports、The handling of the complaint is implemented with the first question responsibility system，belonging to the subject of the headquarters，It shall be dealt with in a timely manner in accordance with the law;，shall be transferred to the relevant departments in time，Relevant departments shall deal with it in time in accordance with the law，Inform the results of the processing results、Complainant。

Chapter 2 Wage payment form and cycle

Article 11 The salary of migrant workers shall stake betting appbe in stake betting appthe form of currency，Pay to the migrant worker himself through bank transfer or cash，It must not be replaced in other forms such as physical or securities。

Article 12 The employer shall pay the salary payment cycle and specific payment date in accordance with the written agreement with migrant workers or the rules and regulations in accordance with the law.。

Article 13: Month、Week、Day、Hours wage system，According to month、Week、Day、Hours pays wages in the cycle;，Salary payment cycle shall be agreed by both parties in accordance with the law。

Article 14 The specific payment date stipulated by the employer and the migrant workers or the rules and regulations formulated in accordance with the law，It can be provided by migrant workers to provide labor in the current or secondary period。The specific payment date encounters a legal holiday or rest day，Payment should be paid on a legal holiday or before the rest。

The employer fails to pay the salary due to force majeure，Pay in time after the irritability is eliminated。

Article 15 The employer shall pay a written salary payment ledger in accordance with the salary payment cycle，and save at least3 years.

Wide salary payment account shall include the name of the employer，Payment cycle，Payment Date，Payment object name、ID number、Contact information，Working hours，payable items and amounts，Deduction、Payment、Deduction items and amounts，A real salary amount，Bank paid permits or migrant workers' signatures。

When the employer pays wages to migrant workers，The salary list of migrant workers should be provided。

Chapter III salary settlement

Article 16 The employer owed to migrant workers' salary，It should be settled in accordance with the law。

Article 17 Units that do not have legal business qualifications recruit migrant workers，Migrant workers have paid labor without obtaining wages，Implement in accordance with relevant laws and regulations。

Article 18 of the employer uses individuals、Units that do not have legal business qualifications or migrant workers sent by units who have not obtained labor dispatch permits in accordance with the law，The wages of migrant workers，Coupled by the employment unit，can be recovered in accordance with the law。

Article 19 The employer sends out the task to individuals or units that do not have legal business qualifications，The salary that caused the migrant workers to be recruited in the arrears，Implement in accordance with relevant laws and regulations。

The employer allows individuals、Units that do not have legal business qualifications or have not obtained the corresponding qualifications operate in the name of an employer，The salary that caused the migrant workers to be recruited in the arrears，Calculate from the employer，can be recovered in accordance with the law。

Article 20 partnership、Personal wholly -owned enterprise、Individual economic organizations, such as individual economic organizations, owe migrant workers' salary，It should be settled in accordance with the law;，Clear by the investor in accordance with the law。

Article 21: When the employer is merged or separated，The salary of migrant workers shall be settled in accordance with the law before the implementation of the merger or separation;，Clear the employer that can inherit its rights and obligations after merging or separation。

Article 22 The employer is revoked or registered in accordance with the law、Order to close it、Cold or dissolved in accordance with the law，The salary of migrant workers who arrears in accordance with the law before applying for cancellation and registration。

The main investor of the employer who has not settled the salary of migrant workers in the preceding paragraph，The salary of migrant workers who arrears in the arrears before registering the new employer。

Chapter 4 Special Regulations for the construction of the project

Article 23 The construction unit shall have the capital arrangement that meets the required for construction。Not the funds arrangement required for construction，Engineering construction projects shall not start construction; the construction license is required to apply for a construction permit，The relevant industry engineering construction authorities will not issue a construction license。

Fund required for government investment projects，shall be implemented in place in accordance with relevant national regulations，No capital construction is allowed by the construction unit。

Article 24: Construction units shall provide the construction unit with engineering payment guarantee。

Construction units and general contracting units to concluding written project construction contracts in accordance with the law，The measurement cycle of the project funds should be agreed、Project funds settlement method and labor cost dialing cycle，and obtain labor costs in accordance with the requirements of ensuring the salary of migrant workers on time in full.。Manual cost dialing cycle must not exceed1 month.

Construction units and general contracting units shall preserve the project construction contract for inspection。

Article 25: Construction general contracting unit and subcontracting unit shall establish a written subcontracting contract，The measurement cycle of the project funds should be agreed、Project fund progress settlement method。

Article 26 The general contracting unit of the construction shall open a special account of migrant workers' wages in accordance with relevant regulations，Special for paying the migrant workers wages of the project construction project。

Open、The relevant information of the special account of migrant workers' wages shall be properly preserved by the general contracting unit of construction。

Article 27 Financial institutions shall optimize the service process for the special account of migrant workers' wages，Do a good job of daily management of the special account of migrant workers' salary; find that funds have not been allocated as agreed，Timely notify the construction general contracting unit，The human resources and social security administrative department and the relevant industry engineering construction authority report，and incorporated into the arrears warning system。

The project is completed and the salary of migrant workers is not arrears.，Construction general contracting unit publicityAfter 30 days，You can apply for cancellation of a special account for migrant workers' wages，The balance in the account belongs to the total contracting unit of the construction general contracting unit。

Article 28 The general contracting unit or subcontracting unit shall establish a labor contract with the migrant workers they are recruited in accordance with the law and register with real names for employment，Conditional industries shall register the real name through the corresponding management service information platform、Management。Persons who have not set up labor contracts with the general contracting unit or subcontracting unit and conduct real -name registration，Do not enter the project site construction。

The general contracting unit of construction shall be equipped with a labor -employed manager in the engineering project department，Supervision and management of labor employment workers stake online sports bettingof stake sports betting appsubcontracting units，Master the construction site employment、attendance、Salary payment, etc.，A review of the migrant worker salary payment form prepared by the subcontracting unit，The subcontracting unit shall cooperate。

Construction general contracting unit、The subcontracting unit shall establish an employment management account，and stored until the project is completed and the salary is all settled at least3 years.

Article 29 Construction units shall timely allocate the project funds in accordance with the contract，and timely allocate labor costs to a special account for migrant workers' wages in time，Strengthen the supervision of the migrant workers' wages in full and in full on time。

Because the construction unit fails to timely allocate the project funds in accordance with the contract, the migrant worker wages are arrears，Construction units shall pay the migrant workers' salary that is arrears in the arrears of the migrant workers with unclear project funds。

Construction units shall establish a control mechanism for ensuring the wage payment coordination mechanism and wage arrears of migrant workers in the project，Understand the general contracting unit of construction to strengthen labor management，Properly handle contradictions and disputes related to the payment of wages of migrant workers。The collective salary incident of migrant workers，Construction units shall be handled in time with the general contracting unit，and report to the human resources and social security administrative department and related industry engineering construction department where the project is located。

Article 30 subcontracting unit is directly responsible for the real -name system management and salary payment of the migrant workers。

Construction general contracting units supervise the labor employment workers and wages of the subcontracting unit。

The subcontracting unit owed to migrant workers' salary，Coupled by the general contracting unit of construction，Coupled in accordance with the law。

Proceedings of Engineering Construction Projects，The wages of migrant workers，Coupled by the general contracting unit of construction，Coupled in accordance with the law。

Article 31 The project construction field is promoted to implement a subcontracting unit migrant worker salary entrusted construction general contracting unit on behalf of。

The subcontracting unit shall evaluate the workload of migrant workers monthly and prepare a salary payment form，After the migrant workers themselves signed and confirmed，The project progress of the month and other days is submitted to the general contracting unit。

Construction general contracting unit based on the salary payment form prepared by the subcontracting unit，Pay salaries directly to the migrant workers 'own bank account through the migrant workers' salary account，and provide the subcontracting unit with a paid salary voucher。

The migrant worker's social security card or bank card for bank accounts used to pay migrant workers' salary，The employer or other personnel may not be detained or detained in disguise。

Article 32: The general contracting unit of the construction shall store the salary margin in accordance with relevant regulations，Special for paying for the migrant workers who provided labor for the contracting project for payment。

Salary margin implements differentiated storage methods，Implement reduction measures for units that arrears in arrears in a certain period of time，Properly increase the storage ratio for units with wages arrears。Wage margin can be replaced with financial institutions' guarantee。

Storage ratio of salary margin、Storage form、Demonstration measures and other specific measures，Formulated by the relevant departments of the Human Resources and Social Security Administration of the State Council。

Article 33 Except for the law, except for the law，Special account funds and salary margins for migrant workers' salary shall not be seized due to the reasons for the salary of migrant workers provided by the project for payment、Frozen or dial。

Article 34: The general contracting unit of the construction shall set up a promotional information notice sign at the eye -catching location at the construction site，Show the following items:

(1) Construction unit、Construction general contracting unit and the project department、subcontracting unit、Related industry engineering construction competent departments、Basic information such as labor -managed managers and other basic information;

(2) Local minimum wage standard、Basic information such as salary payment date;

(3) Reported by the relevant industry engineering construction authorities and labor security supervision and complaints for reports、Labor dispute mediation arbitration application channel、Legal assistance application channel、Public legal service hotline and other information。

Article 35: Construction unit and general contracting unit or contract unit and subcontracting unit due to the number of projects、Quality、Cost and other controversy，Construction units shall not allocate labor costs in the project funds in accordance with Article 24 of these regulations，Construction general contracting units shall not pay for salary due to disputes。

Article 36 Article 36 Construction unit or general contracting unit will subcontract or subcontract the construction project to an unit or units that do not have legal business qualifications，Caused the salary of migrant workers，Coupled by the construction unit or the general contracting unit of construction。

Construction unit allows other units and individuals to contracted construction projects in the name of construction units，Caused the salary of migrant workers，Set off from the construction unit。

Article 37 The project construction project violates the land and space plan、Engineering construction and other laws and regulations，Caused the salary of migrant workers，Coupled by the construction unit。

Chapter 5 Supervision and Inspection

Article 38 The local people's governments at or above the county level shall establish a migrant worker salary payment monitoring and early warning platform，Realize human resources and social security、Development Reform、Judicial Administration、Finance、Housing and urban and rural construction、Transportation、Engineering project approval of water conservancy and other departments、Fund implementation、Construction license、Labor Usage、Salary payment and other information sharing in time。

Human Resources and Social Security Administration Department supply according to hydropower and gas、Property Management、Credit、Taxation and other changes in the relevant indicators of the company's production and operation，Timely monitoring and early warning salary payment hidden dangers and do a good job of prevention，Market Supervision、Financial Supervision、Tax and other departments shall cooperate with。

Article 39: Human Resources and Social Security Administrative Department、The relevant industry engineering construction authorities and other relevant departments shall be in accordance with their responsibilities，Strengthen the signing of labor contracts for employers and migrant workers、Salary payment and project construction project implementation migrant workers real -name management、Special account management of migrant My stake betting appworkers' Stake Sports Bettingsalary、Construction general contracting unit pays salary、Salary margin storage、Supervision and inspection of the publicity of rights protection information，Prevention and reducing the occurrence of wages of migrant workers。

Article 40 When the administrative department of human resources and social security is investigating and dealing with the arrears of migrant workers' salary cases，You need to inquire about the financial account of the relevant units and the relevant parties owns a real estate in accordance with the law、Vehicle, etc.，Approve the person in charge of the human resources and social security administrative department of the local people's government at or above the municipal level at the municipal level，Relevant financial institutions and registration departments shall cooperate with。

Article 41 When the administrative department of human resources and social security is investigating and dealing with the arrears of migrant workers' salary cases，The employer refused to cooperate with the survey、Clear liability subject and related parties cannot contact，You can ask the public security organs and other relevant departments to assist in handling。

Human Resources and Social Security Administrative Department found illegal acts that owe migrant workers' wages suspected to constitute the crime of refusing to pay for labor remuneration，It shall be transferred to the public security organs in accordance with relevant regulations to review and make a decision。

Article 42 The administrative department of the human resources and social security administrative department to order to pay the arrears of migrant workers' wages，Relevant units do not pay，You can apply for the people's court for compulsory execution。

Article 43 The relevant industry engineering construction authorities shall regulate the construction market order in the art in accordance with the law，Package of illegal illegal、Transfer、illegal subcontract、Acting and other behaviors for investigation and punishment，and timely to stop illegal acts that lead to wages arrears of migrant workers、Correct。

Article 44 of the Finance Department、Audit agencies and related industry engineering construction authorities in accordance with their responsibilities，In accordance with the law, the government investment project construction unit is supervised by the special account of migrant workers' salary in accordance with the project construction contract。

Article 45 The judicial administrative department and legal aid agencies shall list migrant workers as the key object of legal aid，and provide convenient legal assistance for migrant workers who pay pay in accordance with the law。

Public legal services related agencies shall actively participate in relevant lawsuits、Consultation、mediation and other activities，Help solve the problem of arrears of wages of migrant workers。

Article 46: Human Resources and Social Security Administrative Department、The relevant industry engineering construction department and other relevant departments shall follow"Who enforces the law who enforces the law" requires the requirements of the law system，Through a variety of forms such as case interpretation，Increase the popularization of the popularization of laws and regulations related to the protection of migrant workers' wages。

Article 47 The administrative department of human resources and social security shall establish an employer and relevant responsible person for labor security and compliance with the law.，Evaluation of the employer to abide by the law of law abide by the personnel。

The employer has a serious arrears of arrears of wages of migrant workers.，announced to the public by the human resources and social security administrative department，If necessary, you can openly expose the media through a press conference and other forms。

Article 48 of the employer owed migrant workers' salary，The seriousness of the plot or causing a serious adverse social impact，The relevant departments shall put the employer and its legal representative or the main person in charge、Direct responsible supervisors and other directly responsible personnel are included in the list of joint punishment objects of migrant workers' salary of dishonesty，Support of government funding、Government procurement、Bidding、financing loan、Market access、Tax discount、Evaluate Evaluations first、Traffic travel, etc.。

The wages arrears of migrant workers need to be included in the specific situation of the joint disciplinary list of dishonesty，It is stipulated by the Human Resources and Social Security Administrative Department of the State Council。

Article 49 The construction unit does not provide engineering funds in accordance with the law or the government investment project is arrears.，Caused the salary of migrant workers，Local people's governments at or above the county level shall limit their new projects，Credit records，Integrated into the national credit information system for publicity。

Article 50 of migrant workers and employers arrears in arrears of wages.，The employer shall provide the labor contract that it is preserved by it in accordance with the law、Employee roster、Wage payment accounts and lists;，Delivery in accordance with the law。

Article 51 The trade union safeguards the wages of migrant workers in accordance with the law，Supervised the salary payment of employers;，It can be required to correct the employer，refusal to correct，You can ask the human resources and social security administrative department and other relevant departments to deal with it in accordance with the law。

Article 52 Units or individuals make false facts or take illegal means to ask migrant workers' salary，Or for the name of the migrant worker's salary，Treatment according to law。

Chapter 6 Legal Liability

Article 53 违 违 违 违 违 违，Implement in accordance with relevant laws and regulations。

Article 54 There is one of the following situations，The administrative department of human resources and social security ordered correction within a time limit;，For the unitfines of 20,000 yuan 50,000 yuan，For the legal representative or the main person in charge、Fined competent personnel who are directly responsible and other directly responsible persons are fined 10,000 yuan and less than 30,000 yuan:

(1) By physical、Price Securities and other forms instead of paying migrant workers' wages instead of currency payments;

(2) Unpaid salary payment accounts and stored in accordance with the law，or not providing a list of wages to migrant workers;

(3) Examination or disguised detention of the migrant workers' social security card or bank card。

Article 55 There is one of the following situations，The administrative department of human resources and social security、The relevant industry engineering construction authorities are ordered to correct the time limit in accordance with their duties;，Order the project to stop work，TogetherFine fines of 100,000 yuan over 100,000 yuan; if the circumstances are serious,，Give the construction unit to restrict the new project、Reduce qualification level、Fencing qualification certificate and other punishment:

(1) The general contracting unit of the construction is not opened or used by migrant workers' salary accounts in accordance with regulations;

(2) The general contracting unit of construction does not store wages of salary margin in accordance with regulations or does not provide financial institution guarantee;

(3) Construction general contracting unit、Subcontracting units have not implemented a real -name management system for labor。

Article 56 There is one of the following situations，The administrative department of human resources and social security、The relevant industry engineering construction authorities are ordered to correct the time limit in accordance with their duties;，fines of 50,000 yuan over 100,000 yuan:

(1) The subcontracting unit has not evaluated the workload of migrant workers monthly、Preparation of salary payment forms and signed by migrant workers themselves;

(2) The general contracting unit of construction does not implement supervision and management of labor employment workers in the subcontracting unit;

(3) The subcontracting unit did not cooperate with the general construction contracting unit to supervise and manage its labor employment;

(4) Construction general contracting unit has not implemented the publicity information publicity system。

Article 57 There is one of the following situations，The administrative department of human resources and social security、The relevant industry engineering construction authorities are ordered to correct the time limit in accordance with their duties;，Order the project to stop work，Togetherfines of 50,000 yuan over 100,000 yuan:

(1) The construction unit does not provide engineering funds payment guarantee in accordance with the law;

(2) The construction unit has not approved the labor expenses in the project funds to the migrant workers' salary in a timely manner;

(3) Construction unit or general construction contracting unit refuses to provide or cannot provide engineering construction contracts、Related information for migrant workers' wages for salary。

Article 58 不 不，The financial regulatory authorities are ordered to make corrections; those who refuse to correct，fines of 20,000 yuan 50,000 yuan.

Article 59. The government's investment project government investment funds are not in place to owe migrant workers' salary，Approval of the people's governments at the same level by human resources and social security administrative department，Order the funds that are not allocated in full time limit;，The person in charge of the direct responsibility department and the relevant regulatory authorities of the human resources and social security administrative department of the people's government at the higher level，Report if necessary，Interview with the person in charge of the local people's government。The serious plot，The person in charge of the local people's government and its relevant departments、Direct responsible persons and other direct responsible persons give punishments in accordance with laws and regulations。

Article 60 Government investment project construction units have not been approved for establishment、Expansion of the construction scale、Increase investment budget without authorization、Failure to allocate project funds in time, which causes the wages of migrant workers，Except for responsibility in accordance with the law，The administrative department of human resources and social security、Other relevant departments interview the head of the construction unit in accordance with their duties，And as its performance assessment、salary allocation、Evaluate Evaluations first、Important basis for promotion of job。

Article 61 Instead of construction funds、Social investment engineering construction projects that have started construction of illegal illegal and illegal regulations are arrears of salary of migrant workers，The administrative department of human resources and social security、Other relevant departments punish the construction unit in accordance with the law in accordance with the law;。The staff of the relevant departments fail to perform their duties in accordance with the law，Disclosure by relevant agencies in accordance with laws and regulations。

Article 62 Human Resources and Social Security at the local people's government at or above the county level、Development Reform、Finance、Public Security and other departments and staff members of the relevant industry engineering construction department，Abuse of power in the process of fulfilling the duties of migrant workers' salary payment supervision and management、Ignoring the duty、徇 徇，Give a punishment in accordance with laws and regulations;，Criminal responsibility for investigation in accordance with the law。

Chapter 7 Attachment

Article 63 The employer is difficult to pay for migrant workers 'salary or arrears of migrant workers' wages for a while，Local people's governments at or above the county level can use the emergency week to transfer gold，Pay the salary or basic living expenses in the migrant workers owed to the employer owed in the first place。Emergency weekly transfer to the urgent weekly cushion，It should be recovered with employers who owe migrant workers' wages in accordance with the law。

Article 64 of these RegulationsIt will be implemented from May 1, 2020.