Regulations on payment of wages for migrant workers.

The closing month of 2020! Ensure the final quality and safety to ensure the payment of wages for migrant workers! Bao Gong. com

Officially entering the last month of 2020, different from other industries, the situation of quality and safety management in the construction industry and wage payment guarantee for migrant workers is more severe. With the end of the year approaching, various domestic construction projects have entered the final stage one after another. In order to successfully achieve the established construction progress goals and achieve annual performance results, most construction enterprises will choose to work overtime at this time node to catch up with the construction period.

But objectively, "year-end conflict" poses a great threat to the quality of construction projects and construction safety production, and the year-end node is also a frequent period of various quality and safety accidents.

1

It is not scientific and reasonable to catch up with the work or catch up with the work itself, and the project construction has its own schedule. Once the construction period is arbitrarily compressed, blindly rushing to work or rushing to work will inevitably make the quality and construction standards of the construction project out of control, laying a great quality and safety hazard for the project construction.

2

Winter construction faces more complicated objective weather factors, such as low temperature, heavy snow, freezing rain, etc., which brings great difficulties to personnel construction and construction machinery operation, and there are high construction safety risks. Take the freezing windy weather in Northeast China and Inner Mongolia in June165438+1October 19 this year as an example. Heavy snow and freezing rain caused substations in Changchun, Siping and other places to stop, and more than 500,000 households were blacked out, which greatly affected urban traffic. Citizens can only travel on foot. In such a bad weather environment, the construction safety risks can be imagined.

three

Construction management personnel, such as the owner unit or general contractor, focus on the progress of the construction period, ignore the quality and safety management, and even disregard the relevant regulations, modify the project progress and change the design without authorization, resulting in serious quality and safety hazards.

In addition, due to the seasonal characteristics of the operating performance of the construction industry, the end of the year is not only the peak period for the collection of accounts receivable by most construction enterprises, but also the frequent period for all kinds of bad debts and deferred payments. On the one hand, it intensifies the capital operation pressure of construction enterprises, which easily leads to the risk of capital chain breakage and threatens the production development of enterprises; On the other hand, the bad debts and arrears of construction enterprises will form a project payment debt chain among the general contractor, subcontractors and labor service companies, and the pressure will be passed on layer by layer, eventually falling on the majority of migrant workers, resulting in the problem of wage arrears for migrant workers. Therefore, the guarantee of project funds and the payment of migrant workers' wages are also the focus of construction market supervision in this period.

1, let the final quality and safety pass.

At the end of each year, local construction authorities mainly prevent and reduce the quality and safety risks of various projects by strengthening market administrative supervision, such as temporary surprise attacks, spot checks, and shutdown penalties. However, on the one hand, temporary regulatory measures can not make up for the gap of long-term regulatory mechanism, on the other hand, the intensity of regulatory punishment is also difficult to effectively deter relevant subjects.

In 2020, the national winter construction project quality and safety guarantee work is different from the single administrative supervision mode in previous years. We will further promote the construction of a long-term mechanism for project quality and safety guarantee, and effectively guarantee the construction project quality and construction safety production by means of administrative supervision and mechanism guarantee.

administrative supervision

Taking the Opinions on Further Strengthening the Safety Work of Housing Construction and Municipal Engineering Construction jointly issued by the Housing and Urban-Rural Construction Department of Shandong Province and other departments 10 as an example, the penalties for related violations have been intensified, with "upper limit", "top case" and "heavier" as punishment keywords, the primary responsibility of the construction unit and the main responsibility of the construction unit have been effectively implemented, the construction market behavior has been standardized, and the quality and safety of construction projects have been guaranteed.

1

Upper limit. In the selection of construction team, procurement of materials supplied by Party A, disbursement of project funds, time limit requirements, etc., which affect the construction safety, the legal representative of the construction unit and the person in charge of the project shall be seriously investigated for responsibility. In case of major hidden dangers or safety accidents, the punishment shall be imposed according to the upper limit stipulated by law.

2

Mainly. The responsibility of construction safety supervision must be clearly defined through the supervision entrustment contract. The supervision unit must carefully examine the qualifications of the units and personnel entering the site, strictly examine whether the safety technical measures or special construction schemes in the construction organization design meet the mandatory standards for engineering construction, do a good job in on-site inspection and acceptance supervision according to regulations, and promptly urge the rectification or reporting of potential safety accidents. Those who fail to implement their responsibilities will be severely punished according to law.

three

In case of any unauthorized construction without obtaining the construction permit according to law, it shall be ordered to stop work immediately, notify relevant units to stop water supply and power supply, and punish the construction unit and relevant contractors according to law; Severely crack down on illegal acts such as dismembering contracting, subcontracting, illegal subcontracting, colluding in bidding, and linking with lending qualifications, and promptly identify and implement top-notch punishment according to law.

Long-term guarantee mechanism

In recent years, local construction authorities have paid more and more attention to the effective use of insurance mechanism in the field of quality and safety guarantee.

Safety production liability insurance

Since 20 17, Shandong province has implemented compulsory production safety liability insurance in high-risk industries in the province. The 10 department jointly issued a document, and further proposed "expanding the coverage of construction safety production liability insurance" in improving the long-term management mechanism. For construction enterprises that have construction safety accidents within three years, are subject to administrative penalties for construction safety, or the same project is shut down for more than two times within one year due to major safety hazards, compulsory production safety liability insurance is applied.

IDI engineering quality potential defect insurance

Since 20 12 Shanghai took the lead in piloting the IDI project quality potential defect insurance system, insurance and TIS quality risk management services have increasingly played an important role in the field of construction project quality assurance, and a brand-new project quality assurance system has been started. In 2020, Chengdu successively issued three important documents, namely, the Implementation Measures for the Pilot Project of Potential Defects Insurance of Residential Engineering Quality in Chengdu, the Implementation Rules for the Potential Defects Insurance of Residential Engineering Quality in Chengdu (for Trial Implementation) and the Notice on Implementing Project Quality Risk Management in the Pilot Project of Potential Defects Insurance of Residential Engineering Quality, which effectively promoted the application and implementation of IDI project quality potential defects insurance.

In June, 2020, 165438+ 10, Chengdu officially signed the first IDI engineering quality potential defect insurance project, becoming the third city in China to promote the implementation of residential engineering construction project quality insurance after Shanghai and Beijing, further accelerating the popularization and application of China's brand-new engineering quality assurance system.

2. Ensure the payment of project funds and wages of migrant workers.

On June 5, 2020, the Office of the Leading Group for Eliminating Wages Arrears of Migrant Workers in the State Council issued the Notice on Launching the Winter Special Action to Eliminate Wages Arrears (hereinafter referred to as the Notice), and decided to organize the nationwide winter special action to eliminate wage arrears from June 6, 2020 to October 6, 2026/kloc-0+0. The document proposes to focus on the wage arrears of migrant workers in the field of rectification project construction with the "Regulations on the Protection of Migrant Workers' Wages Payment" as the starting point. The contents of the survey include:

1

To investigate the situation that employers pay migrant workers' wages in full and on time according to law;

2

Government investment projects, state-owned enterprise projects and various government and social capital cooperation projects, fund supervision and project funds (labor costs) are in place on time and in full;

three

In the field of engineering construction, the special account for migrant workers' wages, the payment of wages by the general contractor, the real-name management of migrant workers, the storage of wage deposits, and the publicity of rights protection information are implemented;

four

Dispose of illegal acts of wage arrears for migrant workers according to law, and severely crack down on the crime of refusing to pay labor remuneration;

five

According to laws and regulations, implement credit punishment for illegal acts of unpaid wages;

six

Investigate the responsibility of eliminating dereliction of duty in unpaid wages according to law and regulations.

The Notice also pointed out that if an enterprise has difficulty in settling the arrears of wages or the arrears of wages of business owners, it should raise funds in time through the use of wage margin, emergency working capital or other channels to pay off the arrears of wages or advance part of wages (basic living expenses) to help the owed migrant workers solve their temporary living difficulties and ensure social stability.

At present, in response to the call of the central authorities, all localities have actively carried out winter wage arrears rectification activities, such as the Beijing Winter Special Action Unified Law Enforcement Day, and launched a comprehensive winter special action to eradicate wage arrears; Tianjin Housing and Urban-Rural Development Committee organized a special account for migrant workers' wages and a special action deployment meeting to eradicate winter wage arrears; Hunan Province issued a work plan for the 100-day special campaign to eradicate unpaid wages in winter in Hunan Province in 2020.

In addition, on September 23, 2020, the Ministry of Housing and Urban-Rural Development issued the Notice on Implementing the Main Responsibility of the Construction Unit for Project Quality, proposing to accurately grasp the connotation of the main responsibility of the construction unit for project quality, implement the settlement of the construction process, and provide the construction unit with the project payment guarantee. Undoubtedly, this has a positive effect on ensuring the wage payment of migrant workers.

In response to the notice of the Ministry of Housing and Urban-Rural Development, in recent years, all localities have actively implemented the main responsibility of the construction unit in specific construction management work. For this time, Shandong Province 10 jointly issued "Several Opinions on Further Strengthening the Safety Work of Housing Construction and Municipal Engineering Construction", which separately listed "highlighting the main responsibility of the construction unit" and clearly stipulated that "the legal representative of the construction unit and the person in charge of the project should be seriously investigated for the responsibility of any construction safety affected by the project payment problem".

At the end of the year and the beginning of the year, all kinds of quality and safety accidents, project funds and migrant workers' project funds are always frequent. Only by ensuring the final quality and safety of the project, implementing the responsibility of the construction unit to pay for the project, and ensuring the payment of wages for migrant workers, can the construction industry personnel, including the vast number of migrant workers, the construction market supervisors and housing construction consumers live a year of peace of mind.