Construction project field encounters the circumstance of arrears salary, who can salary pay main body be?

2022-05-14 0 By

Last time, we talked about the general provisions of the Regulations on guaranteeing wage payment for migrant workers. Today, we will talk about some special provisions in the field of engineering construction, mainly involving who can be the subject of wage payment.General construction contractors shall open special accounts for the wages of migrant workers to ensure and supervise the payment of wages of migrant workers.1. The construction unit and the general contractor shall enter into a written project contract in accordance with the law and agree on labor costs in accordance with the requirements of guaranteeing the timely and full payment of migrant workers’ wages.The appropriation period of labor cost shall not exceed 1 month.2. The general contractor for construction shall, in accordance with relevant regulations, open a special account for the wages of migrant workers for the construction project.The construction unit shall timely and fully remit the labor costs to the special wage account for migrant workers as agreed.3. If a financial institution finds that the funds are not allocated as agreed, it shall timely notify the general contractor for construction, and the general contractor shall report to the human resources and social security administrative department and the competent engineering and construction department of the relevant industry, and it shall be incorporated into the unpaid salary early warning system.Two, several links of wage payment in the field of construction engineering.1. General contractors or subcontractors of construction shall conclude labor contracts with migrant workers recruited and register them with their real names according to law.Persons who have not entered into labor contracts with general contractors or subcontractors and have not registered their real names shall not enter into site construction.2. In the field of engineering construction, the system of entrusting the wages of migrant workers from subcontracting units to the general construction contractor shall be implemented.A. The subcontractor shall assess the workload of migrant workers on a monthly basis and prepare a wage payment table —- the migrant workers shall sign for confirmation and —- shall be handed over to the general contractor for construction —– The general contractor shall directly pay the wages to the bank account of migrant workers through the special account for migrant workers’ wages — provide the wage voucher for the subcontractor.B. The social security card or bank card of migrant workers bound to the bank account used to pay their wages shall not be detained by the employer or other personnel for any reason or in disguised form.Three, the occurrence of the following situation, who can be unpaid wages?1. Wages of migrant workers are in arrears because the construction unit fails to timely allocate the project payment as agreed in the contract: the construction unit shall advance the wages of migrant workers in arrears to the extent of the outstanding project payment.2. In the following cases, the construction contractor shall pay off the wages of migrant workers in arrears by the subcontractor first: the subcontractor shall be directly responsible for the payment of wages.If the subcontractor defaults on the wages of migrant workers, the general construction contractor shall pay off the wages first and then recover the wages according to law.B. Subcontracting of construction projects: In case of wage arrears of migrant workers due to subcontracting of construction projects, the construction contractor shall pay off the wages first and then recover the wages according to law.C. If the construction unit or the general contracting unit contracts or subcontracts the construction project to individuals or units without legal operation qualifications, thus delaying the wages of migrant workers, the construction unit or the general contracting unit shall pay off the wages.D. The construction unit allows other units and individuals to contract construction projects in the name of the construction unit, and the wages of migrant workers in arrears shall be paid off by the construction unit.E. If the construction project violates laws and regulations on territorial space planning and construction and causes wage arrears for migrant workers, the construction unit shall pay off the arrears.The disputes between the construction unit and the general contractor for construction or between the contractor and the subcontractor shall not affect the payment of wages.If a dispute arises between a construction unit and a general contractor for construction or between a contractor and a subcontractor over the quantity, quality or cost of the project, the construction unit may not fail to allocate labor costs in accordance with regulations due to the dispute, and the general contractor for construction may not fail to pay wages in accordance with regulations due to the dispute.5. A notice board for safeguarding rights information shall be set up in a prominent position on the construction site.The general contractors for construction shall, in accordance with relevant provisions, deposit wages as a deposit to pay the arrears of wages of rural migrant workers who provide labor for the contracted projects.(1) Basic information about the construction unit, the general contractor for construction and the project department it belongs to, the subcontractors, the competent departments of engineering construction in relevant industries, and the special managers of labor and capital;(2) local minimum wage standards, date of wage payment and other basic information;(3) Information such as complaint and reporting telephone numbers of relevant engineering construction departments and labor security supervision departments, application channels for labor dispute mediation and arbitration, application channels for legal aid, public legal service hotlines, etc.