Notice of the Ministry of Housing and Urban-Rural Development and the Ministry of Human Resources and Social Security on printing and distributing the measures for the administration of real-name syst
Jianshi [2019] No.18
Housing and Urban-Rural Development Departments of all provinces and autonomous regions, Human Resources and Social Security Departments, Housing and Urban-Rural Development Committees of municipalities directly under the Central Government, Human Resources and Social Security Bureau, Housing and Urban-Rural Development Bureau of Xinjiang Production and Construction Corps, and Human Resources and Social Security Bureau:
The Ministry of Housing and Urban-Rural Development and the Ministry of Human Resources and Social Security have formulated the Measures for the Administration of Real-name System for Construction Workers (Trial) in order to implement the requirements of the Opinions of the General Office of the State Council on Comprehensively Governing the Wage Arrears of Migrant Workers (Guo Ban Fa [2016] No.1) and the Opinions of the General Office of the State Council on Promoting the Sustainable and Healthy Development of the Construction Industry (Guo Ban Fa [2017] No.19). Is issued to you, please combine the actual situation in the region, conscientiously implement.
Ministry of housing and urban-rural development of the people’s Republic of China
ministry of human resources and social security of the people’s republic of china
February 17, 2019
Measures for the administration of real-name system for construction workers (for Trial Implementation)
Article 1 In order to standardize the order of the construction market, strengthen the management of construction workers, safeguard the legitimate rights and interests of construction workers and construction enterprises, ensure the project quality and safe production, cultivate professional and skilled construction workers, and promote the sustained and healthy development of the construction industry, in accordance with the Construction Law, the Labor Contract Law, the Opinions of the General Office of the State Council on Comprehensively Governing the Wage Arrears of Migrant Workers (Guo Ban Fa [2016] No.1) and the Opinions of the General Office of the State Council on Promoting the Sustainable and Healthy Development of the Construction Industry,
Article 2 The term "real-name registration system of construction workers" as mentioned in these Measures refers to the system of comprehensive management of the employment, training, skills and rights protection of construction workers recruited by construction enterprises by means of authentication of real identity information.
Article 3 These Measures shall apply to housing construction and municipal infrastructure projects.
Article 4 The Ministry of Housing and Urban-Rural Development and the Ministry of Human Resources and Social Security shall be responsible for formulating the national regulations on the management of real-name system for construction workers, and guiding and supervising the implementation of real-name system management for construction workers in various places; Responsible for organizing the implementation of the planning, construction and management of the national construction worker management service information platform, and formulating the data standard of the national construction worker management service information platform.
Article 5 The housing and urban-rural construction departments and human resources and social security departments below the provincial level (autonomous regions and municipalities directly under the Central Government) shall be responsible for the real-name management of construction workers in their respective administrative areas, formulate the real-name management system for construction workers, and urge construction enterprises to fully implement the requirements for the real-name management of construction workers at the construction site; Responsible for establishing and perfecting the real-name management platform for construction workers in this administrative region, ensuring the completeness, timeliness and accuracy of all data, and realizing the communication and sharing with the national construction workers management service information platform.
Article 6 The construction unit shall agree with the construction enterprise on the relevant contents of implementing the real-name management of construction workers, urge the construction enterprise to implement various measures for the real-name management of construction workers, create conditions for the construction enterprise to implement the real-name management of construction workers, and pay the wages of construction workers in full and on time to the special account for wages opened by the construction enterprise in the bank according to the progress of the project.
Article 7 A construction enterprise shall undertake the responsibility of real-name management of construction workers on the construction site, formulate its own real-name management system for construction workers, equip full-time (part-time) real-name management personnel for construction workers, and upload relevant data to the real-name management platform of construction workers of relevant departments in real time, accurately and completely through information means.
General contracting enterprises (including construction general contracting, engineering general contracting and professional contracting enterprises that directly sign contracts with the construction unit according to law, the same below) take overall responsibility for the real-name management of construction workers who undertake the project, while subcontracting enterprises take direct responsibility for the real-name management of construction workers they employ, and cooperate with general contracting enterprises to do relevant work.
Eighth full implementation of the real-name management system for migrant workers in the construction industry, adhere to the construction enterprises and migrant workers to sign labor contracts before entering the site for construction. Construction enterprises should sign labor contracts with recruited construction workers according to law, provide them with basic safety training, and register on the real-name management platform of relevant construction workers before allowing them to enter the construction site to engage in activities related to construction operations.
Article 9 Project managers such as project leaders, technical leaders, quality leaders, safety leaders, and labor leaders shall bear the corresponding responsibilities for the real-name management of construction workers who undertake the project. Project managers and construction workers of construction units, contractors and supervision units who enter the construction site are all included in the real-name management of construction workers.
Tenth construction workers should cooperate with the relevant departments and the real-name management of the construction enterprises, and must sign labor contracts and receive basic safety training before entering the site.
Eleventh real-name registration system information of construction workers consists of basic information, employment information, integrity information and other contents.
The basic information should include the identity card information, education level, type of work (major), skill level (professional title or post certificate) and basic safety training of construction workers and project managers.
Employment information should include jobs, labor contract signing, attendance, salary payment and employment records.
Credit information should include credit evaluation, complaint reporting, good and bad behavior records and other information.
Twelfth general contracting enterprises should be based on the real identity information, collect the basic information of construction workers and project management personnel entering the construction site, and timely verify and update; Truly and completely record the employment information of construction workers’ jobs, labor contract signing, attendance and salary payment, and establish a real-name management ledger for construction workers; According to the real-name management requirements of construction workers where the project is located, the collected information of construction workers will be uploaded to relevant departments in time.
Construction workers who have entered the national construction workers management service information platform and have no data update for more than one year (including one year) shall be re-trained in basic safety when they are engaged in construction work, and relevant information shall be recorded, otherwise they shall not enter the construction site for post work.
Thirteenth construction enterprises should be equipped with hardware facilities and equipment necessary to realize the management of construction workers in real-name registration system. In principle, the construction site should be closed, an entrance and exit access control system should be set up, and biometric technologies such as face, fingerprint and iris should be used for electronic punching. Engineering projects that do not have closed management conditions should adopt technologies such as mobile positioning and electronic fence to implement attendance management. Relevant electronic attendance and electronic files such as images and videos shall be kept for at least 2 years.
The cost of implementing the real-name management of construction workers can be included in the safety civilized construction measures and management fee.
Article 14 A construction enterprise shall, according to the labor contract, directly pay wages to construction workers in full monthly through the special account for wages of migrant workers, and set up a "notice board for rights protection of construction workers" in a prominent position on the construction site to disclose relevant information.
Article 15 Housing and urban-rural construction departments at all levels, human resources and social security departments, construction enterprises, system platform development and application units shall formulate systems and take measures to ensure the safety of data and information related to real-name management of construction workers, as well as the authenticity and integrity of real-name registration system information of construction workers, and shall not omit or conceal it.
Article 16 Housing and urban-rural construction departments and human resources and social security departments at all levels should strengthen data sharing with relevant departments, establish an early warning mechanism for the protection of construction workers’ rights and interests through data utilization analysis and the use of new media and information technology channels, effectively protect the legitimate rights and interests of construction workers and improve their ability to serve them.
Seventeenth housing and urban-rural construction departments at all levels, human resources and social security departments should supervise and inspect the implementation of real-name management of construction workers by lower departments, and order rectification within a time limit for problems found; Refused to rectification or rectification is not in place, to interview the relevant responsible person; After the interview, it still refuses to make rectification or rectification is not in place, which is included in the scope of key supervision and brought to the attention of relevant departments for accountability.
Article 18 Housing and urban-rural construction departments at all levels shall, in accordance with the requirements of "double randomness and one openness", strengthen the daily inspection of the implementation of the real-name management system for construction workers at the construction site of their respective administrative areas, and investigate and handle complaints and reports related to the real-name management of construction workers. Those who violate the labor security rights and interests of construction workers, such as not signing labor contracts according to law and unpaid wages, shall be dealt with by the human resources and social security department in conjunction with the housing and urban-rural construction department according to law; Illegal problems or case clues involving the functions of other departments should be transferred in time according to the division of responsibilities.
Nineteenth housing and urban-rural construction departments at all levels can include the real-name management of construction workers in the standardized site assessment content. Real-name registration system information of construction workers can be used as the basis for relevant departments to deal with labor disputes of construction workers. All relevant departments should formulate incentive measures to support construction enterprises that effectively implement the real-name management of construction workers. If there is no wage arrears within a certain period of time, the wage deposit for migrant workers can be reduced or exempted.
Article 20 The housing and urban-rural construction departments at all levels shall correct the irregularities of enterprises and individuals found in the supervision and inspection, such as fraud, omission and concealment, make rectification within a time limit, enter them into the real-name management platform of construction workers and upload them to relevant departments in time. Refuse to rectify or rectification is not in place, can be dealt with through exposure, verification of enterprise qualifications, etc., there is wage arrears, can increase the proportion of migrant workers’ wage deposit payment, and record related bad behavior in enterprise or personal credit files, and announce it to the public through the national construction market supervision public service platform.
Twenty-first it is strictly forbidden for housing and urban-rural construction departments at all levels and human resources and social security departments to designate construction enterprises to purchase related products in the name of implementing the real-name management of construction workers; It is not allowed to arbitrarily charge fees under various pretexts, which will increase the extra burden of enterprises. Those who violate the rules and require construction enterprises to use a certain product or collect fees at random should be corrected immediately; If the circumstances are serious, it shall be submitted to the relevant departments for accountability according to law, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Twenty-second levels of housing and urban and rural construction departments, human resources and social security departments should be combined with local conditions, formulate the detailed rules for the implementation of these measures.
Article 23 These Measures shall be interpreted by the Ministry of Housing and Urban-Rural Development and the Ministry of Human Resources and Social Security.
Article 24 These Measures shall come into force as of March 1, 2019.