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Seriously do a good job of workers' wages and industrial injury insurance notice
Release Time:
2010-12-02
Branch companies and project departments:
According to "labor contract law", "guangdong province wage payment regulations, guangdong province, the forwarding of Labour and social security, the ministry of construction about to do a good job of construction enterprises migrant workers attend inductrial injury to be sure about the notice and guangzhou labor and social security bureau, is built appoint relevant provision, engineering project implementation must do the following work:
First, the issue of salary payment. When the labor contract is signed, it must be handled according to the requirements of the "Labor Contract Law", and remember to indicate the payment time of wages. Those who work for more than one month shall be paid the agreed salary in full monthly. If the work is less than one month, the wages shall be settled and paid in full upon completion of the work and shall not be delayed. When extending salary, must make "salary sends a table", make clear hair salary period, extend person, get person to have personally signature archive for future reference, sign up for a company personnel department to put on record. The company regularly organizes personnel to the construction site to check the implementation of the situation, where found not in accordance with the provisions, will be 20% of the project funds to retain wages and security deposit, forced to pay to workers, and suspend all business, serious cases should assume legal and economic responsibility.
Ii. Regarding the problem of industrial injury insurance for migrant workers, Guangzhou Labor and Social Security Bureau and Guangzhou Construction Commission issued relevant requirements in the second half of 2007. Starting from November 1, 2007, all new construction projects in Guangzhou must first apply for relevant industrial injury insurance for migrant workers. The current standard in Guangzhou is 0.3% of the total construction cost or 1.5% of 20% of the contract price. Every unit in Guangzhou every new construction project, must do this work carefully, the specific method please contact with the local labor and social security department of the project, otherwise, the project construction permit can not be obtained, and will be punished accordingly. New construction projects in the field should also get in touch with local labor and social security departments, according to the relevant provisions, consciously and actively do this work, to ensure the rights and interests of migrant workers.
Please make a special written report on the implementation of the above work to the company before May 14, and the company will organize personnel to carry out special inspection in the near future.
Appendix: Notice on the First Participation of Industrial Injury Insurance for Migrant Workers in Guangzhou Construction Enterprises (Industrial Injury [2007] No. 3)
Guangdong Overseas Chinese Building decoration Company
April 14, 2008
Notice on migrant workers from construction enterprises in Guangzhou to participate in industrial injury insurance first
Sui Lao Social Work Injury [2007] No. 3
Relevant units:
To implement the State Council "byelaw of inductrial injury insurance", "byelaw of inductrial injury insurance of guangdong province and the State Council on several opinions to solve the problem of migrant workers (guo fa [2006] no.5), the ministry of construction, ministry of labor and social security affairs about the migrant workers to participate in the construction enterprise about the work of inductrial injury insurance" (labor department is sent [2006] 44), As well as guangdong Provincial People's Government "Opinions on Further Strengthening the Work of Migrant Workers" (Yuefu [2006] No. 97) and other relevant provisions, we hereby notify migrant workers of construction enterprises in This city to participate in industrial injury insurance as follows:
Construction enterprises whose registered place or production and operation place is within the administrative area of this Municipality shall, in accordance with the regulations on Work-related injury Insurance and the measures prescribed in this Circular, go through the procedures for migrant workers to participate in work-related injury insurance, pay work-related injury insurance premiums and ensure the benefits of work-related injury insurance.
Second, the new construction projects (including change and expansion projects) before construction, construction unit migrant workers industrial injury insurance premiums shall be separate entries in the project budget cost, and by the construction administration department supervise and urge the construction general contracting enterprise or employ professional contracting enterprise (hereinafter generally referred to as the "general contracting unit") before commencing work to pay construction enterprises migrant workers industrial injury insurance premium.
Iii. Industrial injury insurance costs for migrant workers shall be determined according to the following standards:
(1) For construction projects subject to bidding according to regulations, the bidding documents and construction contracts shall contain the contents of industrial injury insurance premiums for migrant workers, and the industrial injury insurance premiums shall be determined by 1.5% of 20% of the winning price (wage base) determined in the Notice of Winning the Bid.
(2) For construction projects that are exempt from bidding according to regulations, the compensation for industrial injury insurance for migrant workers shall be determined by 1.5% of 20% of the contract price (wage base) specified in the Contract for Construction Projects.
Four, hold the letter of acceptance of the construction project general contracting unit or the construction project construction contract (copy build official seal), the registered orgnaization of social insurance agency or the location of the construction project of the city, the district or county social insurance agencies (hereinafter referred to as the "social security orgnaization of agency of") for construction projects "social insurance registration certificate, To deal with "social insurance registration card" the land tax branch of social security agency orgnaization seat presses construction project name one-time pay inductrial injury insurance premium.
The general contractor shall improve the subcontract relationship among the specialized contracting enterprises and labor subcontracting enterprises in the construction project, and record the changes of the specialized contracting enterprises and labor subcontracting enterprises in the construction project to the social security agency every month starting from the month following the payment of the industrial injury insurance premium.
6. The construction unit shall, when handling the construction permit procedures, provide the materials of "specific measures to ensure the safety of the project", including the social insurance Registration Certificate indicating the name of the construction project and the payment certificate of industrial injury insurance for migrant workers on the construction project. If the aforesaid materials are not submitted, the Construction Permit for Construction projects shall not be issued. Small scale projects that do not need the Construction Permit under the prescribed investment limit shall also be handled in accordance with article 2 of this Circular.
Seven, construction project in the contract time limit for a project of "the project construction contract" as inductrial injury insurance time limit, the contract period cannot be completed engineering, general contracting unit with the extension of the construction engineering construction license approval after the contract time limit for a project deadline to social security orgnaization of agency of record of inductrial injury insurance according to the approval of the extension of time limit for a project be delayed. The migrant workers who have signed labor contracts with the professional contracting enterprises and labor subcontracting enterprises of the construction project and have industrial injury during the period of industrial injury insurance shall enjoy the treatment of industrial injury insurance according to the insured migrant workers.
Viii. Construction enterprises shall input the information of migrant workers' industrial injury insurance into the "Safe Card" management system at the same time when handling the entry procedures of the Floating Personnel Employment Record Information System. "Floating personnel employment put on record information system" information and "safe card" is when inductrial injury is identified as affirm labor relation, verify injured time and place, and inductrial injury medical treatment tracks, establish inductrial injury medical archives, the second medical treatment period and old injury recurrence period enjoy inductrial injury insurance treatment and one of the certificates of time limit. Inside inductrial injury insurance already entered site construction but have not entered "information system of put on record of mobile personnel obtain employment" and "safe card" and the worker of produce inductrial injury, after construction unit is offering the labor contract that signs with it, can enjoy treatment of inductrial injury insurance.
Nine, construction enterprises of migrant workers from being hurt by accident, specialized contracting enterprises, labor contract, the overall contractor "social insurance registration certificate issued by the construction projects, injured migrant workers" guangzhou roster of flow of personnel employed for the record ", "safety", to the construction project home to attend inductrial injury to be sure of the municipal, district or county administrative departments of labor security of inductrial injury apply for to maintain, Appraisal committee applies for appraisal of labor ability to the city. Where the injury of migrant workers is identified as industrial injury by the administrative department of labor and social security, the Industrial injury Certificate for Construction Workers, which marks the period of industrial injury insurance of construction projects, shall be issued after verification.
X. Migrant workers shall enjoy the benefits of industrial injury insurance according to the regulations of this municipality. Where the verification of industrial injury insurance benefits is based on their own wages, they shall be calculated and paid uniformly in accordance with 60% of the average monthly wages of workers of the previous year in the area where migrant workers are coordinated when they are injured.
Eleven, receive regular treatment level 1 to 4 disability inductrial injury and Labour to make offerings to relative migrant workers, migrant workers do not accept the restriction of construction project of inductrial injury insurance, by professional contracting, subcontracting enterprises enjoy treatment personnel id card copy and "certificate" to the construction worker of inductrial injury treatment socialization to extend management formalities to orgnaization of social security agency, Industrial injury insurance fund shall pay industrial injury insurance benefits according to regulations. And five to ten levels did not reach disable grade of migrant workers, inductrial injury of inductrial injury insurance in construction projects within the time limit, turn to other ginseng in the city construction projects, contracted by the professional enterprises, the subcontracting to the administrative department for labor security after the construction worker of inductrial injury certificate change formalities, continues to pay from fund of inductrial injury insurance treatment of inductrial injury insurance; During the period of inductrial injury insurance of other construction projects that are transferred into this city, the inductrial injury peasant workers need to enjoy the second medical treatment period of inductrial injury after being identified by the municipal labor ability appraisal Committee, and the medical expenses of inductrial injury shall be written off after verification by the employing unit with the "construction workers' injury certificate". Inductrial injury of migrant workers in the construction projects within the time limit of inductrial injury insurance and specialized contracting or subcontracting enterprise terminates or terminate the labor relationship, specialized contracting or subcontracting enterprises shall, in accordance with the pay of inductrial injury insurance policy after one-time inductrial injury medical treatment grant-in-aid and disable obtain employment grant-in-aid, terminate the labor relationship with inductrial injury insurance ", "construction worker card" shall be repealed simultaneously.
Twelve before start working, a new construction project, the construction unit is not according to this regulation will be migrant workers industrial injury insurance individual entries in the project budget cost, or the overall contracting units not in time to the land tax and social insurance agency orgnaization deals with formalities of insurance premium of pay inductrial injury, according to the State Council "byelaw of inductrial injury insurance" and "byelaw of insurance of guangdong province inductrial injury" and other relevant provisions of the processing and publish to the society.
The competent administrative departments of labor and social security shall supervise the participation of migrant workers in industrial injury insurance in construction projects according to regulations, order construction enterprises that fail to go through the procedures of industrial injury insurance for migrant workers and pay industrial injury insurance premiums to participate in the insurance within a prescribed time limit, and investigate and punish them according to law.
14. The cost of safety education and training for migrant workers in construction enterprises shall be included in the management of special funds for work-related injury prevention, which shall be implemented in accordance with the Implementation Rules for The Management of Special Funds for Work-related injury Insurance of Guangzhou (Suilao Shehan [2005] No. 863).
15. This notice shall come into force as of November 1, 2007 and remain valid for 3 years. Six months before the expiration of the term of validity, according to the relevant laws and regulations and in light of the actual situation.
Guangzhou Labor and Social Security Bureau Guangzhou Construction Committee
October 17, 2007
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