Hainan to Deduct Unpaid Migrant Worker Wages Directly from Bank Guarantees

2017-12-04 1030 0人评论
  The Hainan Provincial Department of Human Resources and Social Security and three other units recently jointly issued a document, deciding to implement a system in the province's construction sector where migrant worker wage deposits are paid via bank guarantees, and explicitly stipulating that during construction, if construction units and general contracting enterprises default on migrant worker wages, funds will be directly deducted from their bank guarantee amounts.
  According to the regulations, all construction units and general contracting enterprises in Hainan Province that implement the migrant worker wage deposit system may independently choose to pay the deposit via bank guarantee or cash based on their own circumstances. Construction units and general contracting enterprises that pay via bank guarantee must, before the project starts, apply to a commercial bank in the project's locality for a guarantee amounting to 2.5% of the project's winning bid price.
  At the same time, before construction begins, the construction unit and general contracting enterprise must present the certificate of payment of migrant worker wage deposit issued by the labor security supervision agency and the bank guarantee voucher to the relevant administrative department to handle construction permit procedures; otherwise, the industry regulatory department shall not issue a construction permit or approve the commencement report. During construction, if construction units and general contracting enterprises engage in various acts of defaulting on or withholding migrant worker wages, the labor security supervision agency shall order them to rectify within a specified period as required; if they refuse to rectify, funds will be deducted in advance from their bank guarantee amounts.
  It is understood that Hainan Province had previously issued corresponding policy measures for relevant enterprises, clarifying that a dedicated account will be established for migrant worker wage payments, requiring general contracting enterprises to set up a dedicated migrant worker wage account at a entrusted bank in the project location before starting new, expanded, or renovated projects. After the project starts, the construction unit must, before the 15th of each month, separately allocate 25% of the project progress payment as labor costs to the dedicated migrant worker wage account.

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