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Regulations on the Payment of Migrant Workers

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Decree of the State Council of the People's Republic of China

No. 724

The Regulations on Guaranteeing the Payment of Migrant Workers' Wages have been adopted by the 73rd Executive Meeting of the State Council on December 4, 2019, and are now promulgated, effective as of May 1, 2020.

Li Keqiang

December 30, 2019

Regulations on the Payment of Migrant Workers

Chapter I General Provisions

为了规范农民工工资支付行为,保障农民工按时足额获得工资,根据《中华人民共和国劳动法》及有关法律规定,制定本条例。 Article 1 In order to regulate migrant workers' wage payment behavior and ensure that migrant workers receive their wages in full and on time, these regulations are formulated in accordance with the Labor Law of the People's Republic of China and relevant laws and regulations.

保障农民工工资支付,适用本条例。 Article 2 These regulations are applicable to guarantee the payment of wages for migrant workers.

The term "migrant workers" refers to rural residents who provide labor to employers.

The wages referred to in these regulations refer to the labor remuneration that migrant workers should receive after providing labor to the employer.

农民工有按时足额获得工资的权利。 Article 3. Migrant workers have the right to receive wages in full and on time. No unit or individual shall owe wages to migrant workers.

Migrant workers shall abide by labor discipline and professional ethics, implement labor safety and health regulations, and complete labor tasks.

县级以上地方人民政府对本行政区域内保障农民工工资支付工作负责,建立保障农民工工资支付工作协调机制,加强监管能力建设,健全保障农民工工资支付工作目标责任制,并纳入对本级人民政府有关部门和下级人民政府进行考核和监督的内容。 Article 4 Local people's governments at or above the county level are responsible for ensuring the payment of migrant workers' wages in their respective administrative areas, establishing a coordination mechanism for ensuring the payment of migrant workers' wages, strengthening the building of supervisory capacity, and improving the target responsibility system for guaranteeing the payment of migrant workers' wages. The contents of assessment and supervision by relevant departments of the people's governments at lower levels and people's governments at lower levels.

The township people's governments and sub-district offices should strengthen the investigation and mediation of contradictions in wages owed to migrant workers, prevent and resolve contradictions, and mediate disputes in a timely manner.

保障农民工工资支付,应当坚持市场主体负责、政府依法监管、社会协同监督,按照源头治理、预防为主、防治结合、标本兼治的要求,依法根治拖欠农民工工资问题。 Article 5 To ensure the payment of migrant workers' wages, they should adhere to the responsibility of market entities, government supervision and coordinated social supervision, and address the problem of wage arrears in accordance with law in accordance with the requirements of source governance, prevention-oriented, combination of prevention and control, and both symptoms and root causes.

用人单位实行农民工劳动用工实名制管理,与招用的农民工书面约定或者通过依法制定的规章制度规定工资支付标准、支付时间、支付方式等内容。 Article 6 Employers implement the management of real-name systems for migrant workers, using written agreements with hiring migrant workers or through rules and regulations formulated in accordance with the law to stipulate wage payment standards, payment time, and payment methods.

人力资源社会保障行政部门负责保障农民工工资支付工作的组织协调、管理指导和农民工工资支付情况的监督检查,查处有关拖欠农民工工资案件。 Article 7 The administrative department of human resources and social security is responsible for guaranteeing the organization, coordination, management guidance and supervision of migrant workers' wage payment, and the supervision and inspection of migrant workers' wage payment, and investigates and handles cases of migrant workers' wages in arrears.

Housing, urban and rural construction, transportation, water conservancy and other related industry engineering construction authorities shall perform industry supervision responsibilities in accordance with their responsibilities, and supervise and handle cases of arrears of wages of migrant workers due to illegal contracting, subcontracting, illegal subcontracting, attachment, and arrears of project funds.

Development and reform departments are responsible for the approval and management of government investment projects in accordance with their responsibilities, reviewing the funding sources and financing methods of government investment projects in accordance with the law, arranging government investments in a timely manner, strengthening the construction of the social credit system, and organizing joint punishment targets for unpaid wages of migrant workers. Restrict and punish according to regulations.

The financial department is responsible for the budget management of government investment funds, and allocates government investment funds in full and on time in accordance with the approved budget in accordance with regulations.

Public security organs are responsible for receiving and investigating criminal cases suspected of refusing to pay labor remuneration in a timely manner, and handling social security cases caused by wage arrears of migrant workers in accordance with law.

Judicial administration, natural resources, the People's Bank, auditing, state-owned asset management, taxation, market supervision, financial supervision and other departments shall, in accordance with their duties, do the work related to ensuring the payment of wages for migrant workers.

工会、共产主义青年团、妇女联合会、残疾人联合会等组织按照职责依法维护农民工获得工资的权利。 Article 8. Trade unions, Communist Youth Leagues, Women's Federations, Disabled Persons' Federations and other organizations shall protect the rights of migrant workers to receive wages in accordance with their duties and laws.

新闻媒体应当开展保障农民工工资支付法律法规政策的公益宣传和先进典型的报道,依法加强对拖欠农民工工资违法行为的舆论监督,引导用人单位增强依法用工、按时足额支付工资的法律意识,引导农民工依法维权。 Article 9 The news media shall carry out public welfare propaganda and advanced typical reports on laws and regulations to ensure the payment of migrant workers ’wages, strengthen public opinion supervision of illegal acts of migrant workers’ wages in accordance with the law, and guide employers to strengthen employment in accordance with the law and pay wages in full and on time. Legal awareness guides migrant workers to safeguard their rights according to law.

被拖欠工资的农民工有权依法投诉,或者申请劳动争议调解仲裁和提起诉讼。 Article 10 Migrant workers whose wages are in arrears have the right to file a complaint in accordance with the law or to apply for labor dispute mediation arbitration and bring a lawsuit.

Any unit or individual has the right to report the behavior of arrears of wages of migrant workers to the administrative department of human resources and social security or other relevant departments.

The human resources and social security administrative department and other relevant departments shall publicly report complaints on the telephone, website and other channels, and accept reports and complaints about wage arrears in accordance with law. The handling of reports and complaints is subject to the first-in-question responsibility system, which belongs to the department's acceptance and should be handled in a timely manner in accordance with the law; if it is not within the department's acceptance, it should be promptly forwarded to the relevant department. Complainant.

Chapter II Forms and Periods of Wage Payments

农民工工资应当以货币形式,通过银行转账或者现金支付给农民工本人,不得以实物或者有价证券等其他形式替代。 Article 11 The wages of migrant workers shall be paid to the migrant workers themselves in the form of currency, by bank transfer or cash, and shall not be replaced by other forms such as physical objects or securities.

用人单位应当按照与农民工书面约定或者依法制定的规章制度规定的工资支付周期和具体支付日期足额支付工资。 Article 12 The employer shall pay the wages in full in accordance with the wage payment cycle and the specific payment date stipulated in the rules and regulations agreed with the migrant workers in writing or in accordance with the law.

实行月、周、日、小时工资制的,按照月、周、日、小时为周期支付工资;实行计件工资制的,工资支付周期由双方依法约定。 Article 13 Where the monthly, weekly, daily and hourly wage system is adopted, wages shall be paid on a monthly, weekly, daily, and hourly basis; if the piece rate system is adopted, the wage payment period shall be agreed upon by both parties in accordance with the law.

用人单位与农民工书面约定或者依法制定的规章制度规定的具体支付日期,可以在农民工提供劳动的当期或者次期。 Article 14 The specific payment date agreed upon in writing by the employer and the migrant worker or stipulated by rules and regulations formulated in accordance with the law may be in the current period or the next period when the migrant worker provides labor. If the specific payment date meets a statutory holiday or a rest day, it shall be paid before the statutory holiday or a rest day.

If the employer fails to pay wages on the date of payment due to force majeure, it shall pay in time after the force majeure is eliminated.

用人单位应当按照工资支付周期编制书面工资支付台账,并至少保存3年。 Article 15 The employer shall prepare a written payroll ledger in accordance with the payroll period and keep it for at least 3 years.

The written wage payment ledger should include the name of the employer, the payment period, the date of payment, the name of the payee, ID card number, contact information, working hours, payable items and amounts, withholding, payment, deduction items and amounts. The amount of wages issued, the bank issued wage certificates or signatures of migrant workers.

When an employer pays wages to migrant workers, it shall provide the wage list of the migrant workers themselves.

Chapter III Wage Settlement

用人单位拖欠农民工工资的,应当依法予以清偿。 Article 16 Any employer who owes wages to migrant workers shall be repaid according to law.

不具备合法经营资格的单位招用农民工,农民工已经付出劳动而未获得工资的,依照有关法律规定执行。 Article 17 Units that do not have the legal business qualifications to recruit migrant workers who have already paid for their work but have not been paid wages shall be implemented in accordance with relevant laws and regulations.

用工单位使用个人、不具备合法经营资格的单位或者未依法取得劳务派遣许可证的单位派遣的农民工,拖欠农民工工资的,由用工单位清偿,并可以依法进行追偿。 Article 18 Employers who use migrant workers dispatched by individuals, units that do not have legal business qualifications, or units that have not obtained a labor dispatch permit in accordance with law shall default on the wages of migrant workers and shall be settled by the employer and may be reimbursed according to law.

用人单位将工作任务发包给个人或者不具备合法经营资格的单位,导致拖欠所招用农民工工资的,依照有关法律规定执行。 Article 19 If an employer outsources work tasks to an individual or a unit that does not have legal business qualifications, which results in arrears in the wages of the employed migrant workers, it shall be implemented in accordance with relevant laws and regulations.

If an employer allows individuals, units that do not have legal business qualifications or have not obtained the corresponding qualifications to conduct business in the name of the employer, which results in arrears of the wages of the recruited migrant workers, the employer shall pay off the debts and may recover them according to law.

合伙企业、个人独资企业、个体经济组织等用人单位拖欠农民工工资的,应当依法予以清偿;不清偿的,由出资人依法清偿。 Article 20: Employers, such as partnership enterprises, sole proprietorships, and individual economic organizations, shall pay off the wages of migrant workers in accordance with the law; if they do not pay off, the investor shall pay off the funds in accordance with the law.

用人单位合并或者分立时,应当在实施合并或者分立前依法清偿拖欠的农民工工资;经与农民工书面协商一致的,可以由合并或者分立后承继其权利和义务的用人单位清偿。 Article 21 In the event of a merger or division of an employer, the arrears of the wages of the migrant workers shall be settled in accordance with the law before the merger or division is implemented; if it is agreed in writing with the migrant workers, the employer may inherit its rights and obligations after the merger or division pay off.

用人单位被依法吊销营业执照或者登记证书、被责令关闭、被撤销或者依法解散的,应当在申请注销登记前依法清偿拖欠的农民工工资。 Article 22 If an employer is revoked a business license or registration certificate, ordered to close, revoked, or dismissed according to law, it shall pay the arrears of migrant workers' wages in accordance with law before applying for cancellation of registration.

The main employer of the employer who has not paid off the wages of the migrant workers in accordance with the provisions of the preceding paragraph shall pay off the wages of the migrant workers in arrears before registering the new employer.

Chapter IV Special Provisions in the Field of Engineering Construction

建设单位应当有满足施工所需要的资金安排。 Article 23 The construction unit shall have funding arrangements to meet the construction requirements. The construction project shall not start construction without meeting the funding arrangements required for construction; if a construction permit is required in accordance with the law, the construction authority of the relevant industry shall not issue a construction permit.

Funds required for government investment projects shall be put in place in accordance with relevant state regulations, and construction units shall not be used to advance funds for construction.

建设单位应当向施工单位提供工程款支付担保。 Article 24 The construction unit shall provide the construction unit with a guarantee for payment of the project money.

The construction unit and the general construction contractor shall conclude a written project construction contract in accordance with the law, and shall agree on the measurement period of the project funds, the settlement method for the progress of the project funds, and the labor cost payment period, and shall stipulate the labor costs in accordance with the requirements for ensuring that the wages of migrant workers are paid in full and on time. The payment period of labor expenses shall not exceed 1 month.

The construction unit and the general contracting unit shall keep the construction contract for future reference.

施工总承包单位与分包单位依法订立书面分包合同,应当约定工程款计量周期、工程款进度结算办法。 Article 25 When a general subcontracting unit and a subcontracting unit conclude a written subcontract in accordance with the law, they shall agree on the measurement cycle of project funds and the settlement method of project funds.

施工总承包单位应当按照有关规定开设农民工工资专用账户,专项用于支付该工程建设项目农民工工资。 Article 26 The general construction contractor shall open a special account for migrant workers 'wages in accordance with relevant regulations, which shall be used to pay migrant workers' wages for this construction project.

The relevant materials for opening and using the special account for wages of migrant workers shall be properly kept for inspection by the general construction contractor.

金融机构应当优化农民工工资专用账户开设服务流程,做好农民工工资专用账户的日常管理工作;发现资金未按约定拨付等情况的,及时通知施工总承包单位,由施工总承包单位报告人力资源社会保障行政部门和相关行业工程建设主管部门,并纳入欠薪预警系统。 Article 27 Financial institutions shall optimize the service process for the establishment of a special account for migrant workers 'wages, and do a good job in the daily management of the special account for migrant workers' wages; if it finds that funds have not been paid according to the agreement, etc., it shall notify the construction contractor in a timely manner. The contractor reports the administrative department of human resources and social security and the competent authority for engineering construction in related industries, and incorporates it into the early warning system for wage arrears.

If the project is completed and the wages of the migrant workers are not in arrears, the general contracting unit of the construction company may apply for cancellation of the special account for wages of the migrant workers 30 days after the public announcement, and the balance in the account belongs to the general contracting unit.

施工总承包单位或者分包单位应当依法与所招用的农民工订立劳动合同并进行用工实名登记,具备条件的行业应当通过相应的管理服务信息平台进行用工实名登记、管理。 Article 28 The general construction contractor or subcontractor shall conclude a labor contract with the employed migrant workers according to law and register with the real name of the employment. The qualified industries shall register and manage the real name of employment through the corresponding management service information platform. Personnel who have not entered into a labor contract with the construction general contractor or subcontractor and registered with their real names are not allowed to enter the project site for construction.

The general construction contractor shall have a labor management staff in the project department, supervise and manage the labor and employment of the subcontractor, grasp the construction site employment, attendance, and salary payment, and review the migrant worker's salary payment table prepared by the subcontractor. The contracting unit shall cooperate.

The general construction contractor and subcontractor shall establish a labor management account and keep it for at least 3 years after the project is completed and all the wages are settled.

建设单位应当按照合同约定及时拨付工程款,并将人工费用及时足额拨付至农民工工资专用账户,加强对施工总承包单位按时足额支付农民工工资的监督。 Article 29 The construction unit shall timely pay the project funds as stipulated in the contract, and shall timely and fully pay the labor costs to the special account for migrant workers 'wages, and strengthen the supervision of the construction general contractor to pay the migrant workers' wages in full and on time.

If the construction unit fails to pay the project funds in a timely manner in accordance with the contract, the wages of the migrant workers are in arrears, and the construction unit shall advance the arrears of the wages of the migrant workers in advance within the limit of the outstanding project funds.

The construction unit shall take the project as a unit to establish a coordination mechanism to guarantee the payment of migrant workers and a mechanism to prevent wage arrears, urge the construction general contractor to strengthen management of labor employment, and properly handle contradictions and disputes related to the payment of migrant workers. In the event of a collective wage-seeking event for migrant workers, the construction unit shall handle it in a timely manner together with the general contracting unit of the construction, and report the relevant situation to the human resources and social security administrative department of the project location and the relevant industry engineering construction department.

分包单位对所招用农民工的实名制管理和工资支付负直接责任。 Article 30 The subcontracting unit bears direct responsibility for the real-name system management and wage payment of the migrant workers recruited.

The general construction contractor shall supervise the labor and wage distribution of the subcontractor.

If the subcontracting unit is in arrears with the wages of the migrant workers, the construction general contracting unit shall first settle the payment, and then recover according to law.

For subcontracting of engineering construction projects and arrears of wages of migrant workers, the construction contractor shall first settle the debts, and then recover them in accordance with the law.

工程建设领域推行分包单位农民工工资委托施工总承包单位代发制度。 Article 31 In the field of project construction, the system of subcontracting unit migrant workers' wages and entrusting construction to general contracting units shall be implemented.

The subcontracting unit shall evaluate the workload of the migrant workers on a monthly basis and prepare a wage payment form. After being signed and confirmed by the migrant workers themselves, they shall be submitted to the construction general contractor together with the project progress of the month.

According to the salary payment table prepared by the subcontracting unit, the construction general contractor directly pays the wages to the bank account of the migrant worker through the special account of the migrant worker's salary, and provides the subcontracting unit with the voucher for the salary on behalf of the subcontracting unit.

Employers or other personnel must not detain or disguise their social security card or bank card bound to the bank account used to pay migrant workers' wages for any reason.

施工总承包单位应当按照有关规定存储工资保证金,专项用于支付为所承包工程提供劳动的农民工被拖欠的工资。 Article 32 The general contracting unit of construction shall store wages security deposits in accordance with relevant regulations, which shall be used specifically to pay the arrears of wages of migrant workers who provide labor for the contracted projects.

Differential storage methods are adopted for wage guarantee deposits. Reduction and exemption measures are implemented for units that do not have wage arrears within a certain period of time, and the proportion of wage arrears is appropriately increased. Wage deposits can be replaced by guarantees from financial institutions.

Specific measures such as the storage ratio, storage form, and reduction and exemption measures of wage deposits shall be formulated by the Human Resources and Social Security Administration Department of the State Council in conjunction with relevant departments.

除法律另有规定外,农民工工资专用账户资金和工资保证金不得因支付为本项目提供劳动的农民工工资之外的原因被查封、冻结或者划拨。 Article 33 Except as otherwise provided by law, funds and wage deposits in the special account for wages of migrant workers shall not be seized, frozen or transferred for reasons other than the wages of migrant workers who provide labor for the project.

施工总承包单位应当在施工现场醒目位置设立维权信息告示牌,明示下列事项: Article 34 The general contracting unit of the construction shall set up an information notice board for rights protection at a conspicuous location on the construction site, stating the following matters:

(1) Basic information such as the construction unit, general construction contractor and the project department, subcontracting unit, engineering construction department of the relevant industry, and labor management officer;

(2) Basic information such as the local minimum wage standard and the date of wage payment;

(3) Information on the relevant industry engineering construction authorities and labor security supervision and complaint reporting telephone numbers, labor dispute mediation and arbitration application channels, legal aid application channels, and public legal service hotlines.

建设单位与施工总承包单位或者承包单位与分包单位因工程数量、质量、造价等产生争议的,建设单位不得因争议不按照本条例第二十四条的规定拨付工程款中的人工费用,施工总承包单位也不得因争议不按照规定代发工资。 Article 35 In the event of a dispute between the construction unit and the general contractor of the construction or the contractor and the subcontractor due to the quantity, quality, cost, etc. of the project, the construction unit shall not disburse the project funds in accordance with the provisions of Article 24 of these regulations. The labor cost incurred by the construction general contractor shall not be paid in accordance with the regulations due to disputes.

建设单位或者施工总承包单位将建设工程发包或者分包给个人或者不具备合法经营资格的单位,导致拖欠农民工工资的,由建设单位或者施工总承包单位清偿。 Article 36 If a construction unit or a general construction contractor subcontracts or subcontracts a construction project to an individual or a unit that does not have legal business qualifications, which results in arrears of wages of migrant workers, the construction unit or the general construction contractor shall pay off.

The construction unit allows other units and individuals to contract construction projects to the outside in the name of the construction unit, resulting in arrears of wages of migrant workers, which shall be paid by the construction unit.

工程建设项目违反国土空间规划、工程建设等法律法规,导致拖欠农民工工资的,由建设单位清偿。 Article 37 Any construction project that violates laws and regulations such as land space planning, engineering construction, etc., and causes wage arrears to migrant workers shall be paid off by the construction unit.

Chapter V Supervision and Inspection

县级以上地方人民政府应当建立农民工工资支付监控预警平台,实现人力资源社会保障、发展改革、司法行政、财政、住房城乡建设、交通运输、水利等部门的工程项目审批、资金落实、施工许可、劳动用工、工资支付等信息及时共享。 Article 38 The local people's government at or above the county level shall establish a monitoring and early warning platform for migrant workers' wages, to realize human resources and social security, development and reform, judicial administration, finance, housing, urban and rural construction, transportation, water conservancy and other departments for project approval, Information such as capital implementation, construction permits, labor employment, and wage payment were shared in a timely manner.

The human resources and social security administrative department monitors and early-warns the hidden dangers of wage payment and takes precautionary measures in accordance with changes in related indicators of production and operation of the enterprise, such as water, gas and gas supply, property management, credit, and taxation. Market supervision, financial supervision, and taxation departments Should cooperate.

人力资源社会保障行政部门、相关行业工程建设主管部门和其他有关部门应当按照职责,加强对用人单位与农民工签订劳动合同、工资支付以及工程建设项目实行农民工实名制管理、农民工工资专用账户管理、施工总承包单位代发工资、工资保证金存储、维权信息公示等情况的监督检查,预防和减少拖欠农民工工资行为的发生。 Article 39 The administrative department of human resources and social security, the competent department of engineering construction in related industries, and other relevant departments shall, in accordance with their responsibilities, strengthen the implementation of real-name management of migrant workers for labor contracts signed by employers and migrant workers, wage payments, and construction projects. Management of special accounts for wages, supervision and inspection of wages on behalf of construction contractors, wage security deposits, and information disclosure of rights protection, to prevent and reduce the occurrence of wage arrears for migrant workers.

人力资源社会保障行政部门在查处拖欠农民工工资案件时,需要依法查询相关单位金融账户和相关当事人拥有房产、车辆等情况的,应当经设区的市级以上地方人民政府人力资源社会保障行政部门负责人批准,有关金融机构和登记部门应当予以配合。 Article 40 When investigating and handling cases of arrears of wages of migrant workers, the human resources and social security administrative department needs to inquire about the financial accounts of relevant units and the ownership of real estate and vehicles by relevant parties in accordance with the law. The person in charge of the social security administrative department approves and the relevant financial institutions and registration departments shall cooperate.

人力资源社会保障行政部门在查处拖欠农民工工资案件时,发生用人单位拒不配合调查、清偿责任主体及相关当事人无法联系等情形的,可以请求公安机关和其他有关部门协助处理。 Article 41 When the administrative department of human resources and social security investigates and handles cases of wage arrears of migrant workers, if the employer refuses to cooperate with the investigation, the responsible party and the relevant parties cannot be contacted, they may ask the public security organ and other relevant departments for assistance in handling. .

If the administrative department of human resources and social security finds that the illegal behavior of arrears of wages of migrant workers is suspected of constituting the crime of refusing to pay labor remuneration, it shall promptly transfer it to the public security organ for review and make a decision in accordance with relevant regulations.

人力资源社会保障行政部门作出责令支付被拖欠的农民工工资的决定,相关单位不支付的,可以依法申请人民法院强制执行。 Article 42 The administrative department of human resources and social security makes a decision to order payment of the wages of migrant workers in arrears. If the relevant unit fails to pay, it may apply to the people's court for enforcement according to law.

相关行业工程建设主管部门应当依法规范本领域建设市场秩序,对违法发包、转包、违法分包、挂靠等行为进行查处,并对导致拖欠农民工工资的违法行为及时予以制止、纠正。 Article 43 The competent department of engineering construction in related industries shall regulate the construction market order in this field in accordance with the law, investigate and punish illegal acts of subcontracting, subcontracting, illegal subcontracting, and affiliation, and shall promptly stop the illegal acts that cause arrears of wages of migrant workers. ,correct.

财政部门、审计机关和相关行业工程建设主管部门按照职责,依法对政府投资项目建设单位按照工程施工合同约定向农民工工资专用账户拨付资金情况进行监督。 Article 44 The financial department, auditing agency and relevant industry engineering construction authorities shall, in accordance with their responsibilities, supervise the payment of funds to the special account for migrant workers ’wages in accordance with the construction contract of the government-invested project construction unit in accordance with the law.

司法行政部门和法律援助机构应当将农民工列为法律援助的重点对象,并依法为请求支付工资的农民工提供便捷的法律援助。 Article 45 The judicial administrative department and legal aid agencies shall list migrant workers as the key objects of legal aid, and provide convenient legal aid to migrant workers who request payment of wages according to law.

Relevant institutions of public legal services should actively participate in related litigation, consultation, mediation and other activities to help solve the problem of wage arrears of migrant workers.

人力资源社会保障行政部门、相关行业工程建设主管部门和其他有关部门应当按照“谁执法谁普法”普法责任制的要求,通过以案释法等多种形式,加大对保障农民工工资支付相关法律法规的普及宣传。 Article 46 The administrative department of human resources and social security, the competent department of engineering construction in related industries, and other relevant departments shall, in accordance with the requirements of the "who enforces the law and popularize the law" responsibility system for legal popularization, strengthen the protection of the case through various methods such as the interpretation of cases. Popularization of laws and regulations related to migrant workers' wages.

人力资源社会保障行政部门应当建立用人单位及相关责任人劳动保障守法诚信档案,对用人单位开展守法诚信等级评价。 Article 47 The administrative department of human resources and social security shall establish an employment unit and related responsible persons' labor security law-abiding integrity files, and conduct an evaluation of the law-abiding integrity level of the employer.

If the employer has committed a violation of wages due to migrant workers, the human resources and social security administrative department shall announce it to the society. If necessary, it may be publicly exposed to the media by holding a press conference or other means.

用人单位拖欠农民工工资,情节严重或者造成严重不良社会影响的,有关部门应当将该用人单位及其法定代表人或者主要负责人、直接负责的主管人员和其他直接责任人员列入拖欠农民工工资失信联合惩戒对象名单,在政府资金支持、政府采购、招投标、融资贷款、市场准入、税收优惠、评优评先、交通出行等方面依法依规予以限制。 Article 48 Where the employer owes wages to migrant workers and the circumstances are serious or cause serious adverse social impacts, the relevant departments shall list the employer and its legal representative or main person in charge, the person in charge directly responsible and other persons directly responsible The list of targets for joint punishment of arrears of wages and dishonesty of migrant workers who are in arrears is restricted in accordance with laws and regulations in terms of government funding support, government procurement, bidding, financing loans, market access, tax incentives, evaluation of priority, transportation, etc.

The specific circumstances under which wages in arrears of migrant workers need to be included in the joint disciplinary punishment list shall be prescribed by the human resources and social security administrative department of the State Council.

建设单位未依法提供工程款支付担保或者政府投资项目拖欠工程款,导致拖欠农民工工资的,县级以上地方人民政府应当限制其新建项目,并记入信用记录,纳入国家信用信息系统进行公示。 Article 49 If the construction unit fails to provide guarantees for the payment of engineering funds in accordance with the law or the project funds are in arrears with the government investment projects, resulting in arrears of wages of migrant workers, the local people's governments at or above the county level shall limit their new construction projects and record them in the credit record and include the national credit Public information system.

农民工与用人单位就拖欠工资存在争议,用人单位应当提供依法由其保存的劳动合同、职工名册、工资支付台账和清单等材料;不提供的,依法承担不利后果。 Article 50 Migrant workers and employers have disputes over arrears of wages, and employers shall provide materials such as labor contracts, employee rosters, payroll accounts and checklists that are kept by them in accordance with law; if they do not provide them, they shall bear adverse consequences in accordance with law.

工会依法维护农民工工资权益,对用人单位工资支付情况进行监督;发现拖欠农民工工资的,可以要求用人单位改正,拒不改正的,可以请求人力资源社会保障行政部门和其他有关部门依法处理。 Article 51 The trade union safeguards the wages and rights of migrant workers in accordance with the law, and supervises the wage payment of employers; if it finds that wages are in arrears, it may ask the employers to make corrections. If it refuses to make corrections, it may request the human resources and social security administrative department and others Relevant departments deal with it according to law.

单位或者个人编造虚假事实或者采取非法手段讨要农民工工资,或者以拖欠农民工工资为名讨要工程款的,依法予以处理。 Article 52 Units or individuals who fabricate false facts or resort to illegal means to demand wages for migrant workers, or to ask for project funds in the name of arrears of wages to migrant workers, shall be dealt with according to law.

Chapter VI Legal Liability

违反本条例规定拖欠农民工工资的,依照有关法律规定执行。 Article 53 Anyone who owes wages to migrant workers in violation of the provisions of these regulations shall be implemented in accordance with relevant laws and regulations.

有下列情形之一的,由人力资源社会保障行政部门责令限期改正;逾期不改正的,对单位处2万元以上5万元以下的罚款,对法定代表人或者主要负责人、直接负责的主管人员和其他直接责任人员处1万元以上3万元以下的罚款: Article 54 Under any of the following circumstances, the human resources and social security administrative department shall order correction within a time limit; if it fails to make corrections within the time limit, it shall impose a fine of 20,000 to 50,000 yuan on the unit, and the legal representative or main person in charge 2. The person in charge directly responsible and other persons directly responsible shall impose a fine of 10,000 to 30,000 yuan:

(1) Paying migrant workers' wages in the form of physical goods or securities instead of currency;

(2) The wage payment ledger has not been prepared and kept according to law, or the wage list has not been provided to migrant workers;

(3) Detaining or disguising a social security card or bank card bound to a bank account used to pay migrant workers' salaries in disguise.

有下列情形之一的,由人力资源社会保障行政部门、相关行业工程建设主管部门按照职责责令限期改正;逾期不改正的,责令项目停工,并处5万元以上10万元以下的罚款;情节严重的,给予施工单位限制承接新工程、降低资质等级、吊销资质证书等处罚: Article 55 In any of the following circumstances, the human resources and social security administrative department and the relevant industry engineering construction department shall order correction within a time limit according to their duties; if no correction is made within the time limit, the project shall be ordered to suspend construction and be punished by more than 50,000 yuan and 100,000 yuan The following fines; if the circumstances are serious, the construction unit shall be punished such as restricting the acceptance of new projects, lowering the qualification level, and revoking the qualification certificate:

(1) The construction general contractor fails to open or use a special account for migrant workers' wages in accordance with regulations;

(2) The construction general contractor failed to store the wage deposit or provide a guarantee letter from the financial institution;

(3) The construction general contracting unit and subcontracting unit have not implemented real-name management of labor.

有下列情形之一的,由人力资源社会保障行政部门、相关行业工程建设主管部门按照职责责令限期改正;逾期不改正的,处5万元以上10万元以下的罚款: Article 56 In any of the following circumstances, the administrative department of human resources and social security and the competent department of engineering construction in related industries shall order correction within a time limit according to their duties; if they fail to make corrections within the time limit, they shall be fined 50,000 to 100,000 yuan:

(1) The subcontracting unit fails to evaluate the workload of migrant workers on a monthly basis, compile a wage payment form and sign and confirm with the migrant workers themselves;

(2) The construction general contractor has not supervised and managed the labor of the subcontractor;

(3) The subcontracting unit has not cooperated with the general construction contractor to supervise and manage its labor and employment;

(4) The construction general contractor did not implement the system of publicizing rights information at the construction site.

有下列情形之一的,由人力资源社会保障行政部门、相关行业工程建设主管部门按照职责责令限期改正;逾期不改正的,责令项目停工,并处5万元以上10万元以下的罚款: Article 57 Under any of the following circumstances, the administrative department of human resources and social security and the competent department of engineering construction in related industries shall order correction within the time limit; if no correction is made within the time limit, the project shall be ordered to suspend construction and be punished by more than 50,000 yuan and 100,000 yuan The following fines:

(1) The construction unit has not provided a guarantee for the payment of the project funds in accordance with the law;

(2) The construction unit fails to timely and fully pay the labor costs in the project funds to the special account for migrant workers' wages as agreed;

(3) The construction unit or the general construction contractor refuses to provide or fails to provide relevant materials for the construction contract and the special account for wages of migrant workers.

不依法配合人力资源社会保障行政部门查询相关单位金融账户的,由金融监管部门责令改正;拒不改正的,处2万元以上5万元以下的罚款。 Article 58 Anyone who fails to cooperate with the administrative department of human resources and social security to inquire about the financial account of the relevant unit shall be ordered to make corrections by the financial supervision department; if it fails to make corrections, it shall be fined 20,000 to 50,000 yuan.

政府投资项目政府投资资金不到位拖欠农民工工资的,由人力资源社会保障行政部门报本级人民政府批准,责令限期足额拨付所拖欠的资金;逾期不拨付的,由上一级人民政府人力资源社会保障行政部门约谈直接责任部门和相关监管部门负责人,必要时进行通报,约谈地方人民政府负责人。 Article 59 If government investment funds fail to pay migrant workers' wages if they are not in place, the human resources and social security administrative department shall report to the people's government at the same level for approval and order the full payment of the arrears within the time limit; The human resources and social security administrative department of the first-level people's government interviews the person in charge of the directly responsible department and the relevant supervisory department, and if necessary, reports it and interviews the person in charge of the local people's government. If the circumstances are serious, the person in charge of the local people's government and its relevant department, the person in charge directly responsible, and other persons directly responsible shall be punished according to law and regulations.

政府投资项目建设单位未经批准立项建设、擅自扩大建设规模、擅自增加投资概算、未及时拨付工程款等导致拖欠农民工工资的,除依法承担责任外,由人力资源社会保障行政部门、其他有关部门按照职责约谈建设单位负责人,并作为其业绩考核、薪酬分配、评优评先、职务晋升等的重要依据。 Article 60 If a government-invested project construction unit initiates construction without approval, expands the scale of construction without authorization, increases investment estimates without authorization, and fails to allocate project funds in a timely manner, etc., and causes wage arrears to migrant workers, it shall be subject to human resources and social security administration in addition to its liability in accordance with the law. Departments and other relevant departments interview the person in charge of the construction unit in accordance with their responsibilities, and use it as an important basis for their performance evaluation, salary distribution, appraisal and evaluation, and job promotion.

对于建设资金不到位、违法违规开工建设的社会投资工程建设项目拖欠农民工工资的,由人力资源社会保障行政部门、其他有关部门按照职责依法对建设单位进行处罚;对建设单位负责人依法依规给予处分。 Article 61 For those who owe migrant workers wages for social investment projects whose construction funds are not in place and have started construction illegally or illegally, the human resources and social security administrative department and other relevant departments shall punish the construction unit in accordance with their duties in accordance with the law; The person-in-charge shall be punished according to law and regulations. If the staff of the relevant department fails to perform their duties in accordance with the law, the relevant organ shall be punished according to law and regulations.

县级以上地方人民政府人力资源社会保障、发展改革、财政、公安等部门和相关行业工程建设主管部门工作人员,在履行农民工工资支付监督管理职责过程中滥用职权、玩忽职守、徇私舞弊的,依法依规给予处分;构成犯罪的,依法追究刑事责任。 Article 62 Staff members of the human resources and social security, development and reform, finance, public security and other departments of the local people's governments at or above the county level and relevant departments of engineering construction in the relevant industries abuse their powers and neglect their duties in the process of performing supervision and management of pay for migrant workers Those who engage in malpractices for personal gain shall be punished according to law and regulations; those who constitute a crime shall be investigated for criminal responsibility according to law.

Chapter VII Supplementary Provisions

用人单位一时难以支付拖欠的农民工工资或者拖欠农民工工资逃匿的,县级以上地方人民政府可以动用应急周转金,先行垫付用人单位拖欠的农民工部分工资或者基本生活费。 Article 63 If it is difficult for the employer to pay the wages of the migrant workers in arrears, or the wages of the migrant workers are in arrears, the local people's governments at or above the county level may use the emergency working capital to advance the part of the wages or the basic living expenses of the migrant workers who are in arrears. The emergency working capital that has been paid in advance shall be reimbursed to the employer that owes the wages of migrant workers in accordance with the law.

本条例自2020年5月1日起施行。 Article 64 These Regulations shall become effective on May 1, 2020.

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