政策法规 Your location: Home> Policies and regulations> Other policies and regulations
Chapter I General Provisions
问题，切实维护劳动者合法权益，全面贯彻落实国务院《关于全 面治理拖欠农民工工资问题的意见＞〉（国办发〔 2016 〕 1 号）和福建省人民政府办公厅《关于全面治理拖欠农民工工资问题的实施意见》（闽政办〔 2016 〕 88 号）精神，按照《福建省人力资源和社会保障厅等六部门关于工程建设领域工资保证金实行差异化缴存的通知》（闽人社文〔 2017 〕 336 号）和《关于建立企业工资保证金制度的通知》（闽人社文〔 2011 〕 88 号）的有关规定，结合我市实际，制定本意见。 Article 1 In order to improve the employment environment of workers, solve the problem of wages owed by workers in enterprises , effectively protect the legitimate rights and interests of workers, and fully implement the State Council's Opinions on comprehensively managing the problem of wages owed to migrant workers> ( State Office of Development [ 2016 ] No. 1 ) and the Fujian Provincial People's Government General Office's "Implementation Opinions on Comprehensively Governing the Arrears of Wages of Migrant Workers" ( Fujian Office [ 2016 ] No. 88 ) in the spirit of the six departments of the Fujian Provincial Department of Human Resources and Social Security The relevant provisions of the Notice on Implementing Differential Payment of Wage Deposits in the Construction Field (Min Renshe Wen [ 2017 ] No. 336 ) and the Notice on Establishing an Enterprise Wage Guarantee System (Min Ren She Wen [ 2011 ] No. 88 ) Actually, our city formulated this opinion.
资保证金专户，并与住房城乡建设局、交通运输局、水利局、铁 路建设办公室、工业和信息化局、商务局、国网福建省电力有限 公司龙岩供电公司（以下分别简称：住建、交通运输、水利、铁 路、工信、商务、电力）等行业主管部门共同监督管理。 Article 2 The human resources and social security department shall open a special wage deposit account at the cooperative bank , and cooperate with the Housing and Urban-Rural Development Bureau, the Transportation Bureau, the Water Resources Bureau, the Railway Construction Office, the Industry and Information Technology Bureau, the Commerce Bureau, and the State Council. Fujian Province Electric Power Co., Ltd. Longyan Power Supply Company (hereinafter referred to as: residential construction, transportation, water conservancy, railway , industrial credit, business, power) and other industry authorities jointly supervise and manage.
工程建设的施工企业，必须在项目中标后、领取中标通知书之前 , 将核定的工资保证金存入项目所在地工资保证金专户。 Article 3 Construction enterprises engaged in construction and municipal, transportation, water conservancy, electric power, railway and other engineering construction projects in our city must deposit the approved wage deposit into the special wage deposit account at the project site after the project is awarded and before the notice of successful bid is received . In the past three years, industrial, mining, and commercial enterprises that have defaulted, withheld wages, or paid wages below the minimum wage standard must pay wage security.
等行业主管部门应根据属地管辖、分级负责、谁主管谁负责的原 则，督促企业及时足额缴交工资保证金。 Article 4 Departments in charge of housing construction, transportation, water conservancy, electric power, railway, industry, and commerce shall supervise enterprises to pay wages in full and on time in accordance with the principle of territorial jurisdiction, hierarchical responsibility, and who is in charge .
企业不能将工程发包、分包、转包给不具备用工主体资格的组织 或个人，由此造成拖欠农民工工资问题，由总承包企业负责。 Article 5 General construction contracting enterprises such as construction, municipal, transportation, water conservancy, electric power, and railways cannot subcontract, subcontract, or subcontract the project to organizations or individuals who do not have the qualifications of the employers . This results in the problem of wage arrears for migrant workers. The contracting enterprise is responsible. 建工程项目建立农民工工资专用账户，总承包企业通过农民工工 资专用账户直接向农民工代发工资，农民工工资按月支付，月结 月清。 Under construction projects, special accounts for migrant workers' wages are established. General contracting enterprises directly send wages to migrant workers on their behalf through special accounts for migrant workers' wages. Migrant workers' wages are paid on a monthly basis and closed monthly. 代领。 Wages should be paid directly to the migrant workers themselves, and it is strictly forbidden for the team leader to issue, sign, or receive on behalf of the workers.
实际，相应建立工资保证金制度，在银行开立 “工资保证金专户” , 管理辖区内的企业及施工项目，确保劳动者工资按时足额支付。 Article 6 The human resources and social security departments of each county (city, district) shall, in accordance with local conditions , establish a wage security system accordingly, open a "special wage security account" at the bank , manage the enterprises and construction projects in the jurisdiction, and ensure the wages of workers. Pay in full and on time.
Chapter II Establishment and Storage of Wage Guarantee
电力、铁路等行业主管部门根据行业特点分别建立各行业企业工 资保证金制度，具体规定工资保证金缴存办法。 Article 7 The human resources and social security departments and the competent departments of housing construction, transportation, water conservancy, electric power, railways and other industries shall respectively establish wage security systems for enterprises in various industries according to the characteristics of the industry , and shall specify the methods for depositing wage security.
缴存工资保证金。 Third-party guarantee systems such as bank guarantees, guarantee guarantees, and insurance guarantees are allowed to pay wage deposits. 间或建设项目竣工验收完成后延长 6 个月。 The term of the guarantee or insurance guarantee shall be extended by 6 months after the completion time agreed upon in the winning bid document or the completion acceptance of the construction project . 5 个工作曰，元旦、春节等特殊敏感时期应立即兑现。 After all guarantees and insurance guarantees are confirmed by the human resources and social security department in conjunction with the relevant industry authorities, cash is unconditionally redeemed within the guarantee (insurance) quota to pay the arrears of wages paid by the construction company that it guarantees, and the maximum payment time limit is 5 Work said that special sensitive periods such as New Year's Day and the Spring Festival should be fulfilled immediately.
均工资（以统计部门数据为准） x 全部职工人数（按预存工资保证金时人数为准） xl 个月确定预存工资保证金额度。 Article 8 Industrial, mining, commercial and other enterprises are based on the average monthly social wages of employees in this city in the previous year (subject to data from the statistics department) x total number of employees (based on the number of pre-stored wage guarantees ) x 1 month to determine the pre-stored wage guarantee amount . 500 万元的，企业按 500 万元预存。 If the pre-deposited wage security exceeds 5 million yuan, the enterprise shall pre-deposit it at 5 million yuan.
保证等第三方担保制度缴存工资保证金，期限不低于 2 年。 Other enterprises such as industry, mining, commerce and trade are allowed to adopt a third-party guarantee system such as bank guarantee, guarantee guarantee, and insurance guarantee to pay wage deposits for a period of not less than 2 years.
按照《福建省人力资源和社会保障厅等六部门关于工程建设领域 工资保证金实行差异化缴存的通知》（闽人社文〔 2017 〕 336 号） 有关规定和人力资源社会保障部门分别与住建、交通运输、水利、 电力、铁路等行业主管部门根据行业特点制定的各行业企业工资保证金差异化缴存办法执行。 Article 9 Wage deposits are differentially deposited. The specific method of differential deposits is in accordance with the "Notice of Six Departments of the Fujian Provincial Department of Human Resources and Social Security on the implementation of differential deposits of wage deposits in the field of engineering construction. " 2017 ] No. 336 ) The relevant regulations and the human resources and social security departments and the housing construction, transportation, water conservancy, electric power, railway and other industry authorities respectively formulated the differential deposit payment methods for enterprises in various industries based on industry characteristics.
Chapter III Use and Refund of Wage Bonds
会保障部门会同相关行业主管部门可以从该企业所缴存的工资保 证金中划拨款项，直接向劳动者支付工资： Article 10 An enterprise has one of the following situations. After investigation and verification, the human resources and social security department, in conjunction with the relevant industry authority, may allocate funds from the wage security deposits paid by the enterprise to pay wages directly to workers:
企业未依法按时足额支付劳动者工资，受到劳动者举 报投诉或造成集体上访或群体性突发事件，经调查核实，责令限 期支付而未支付的； (1) The enterprise fails to pay the workers' wages in full and on time in accordance with the law, receives complaints from workers or causes collective petitions or group emergencies, and after investigation and verification, orders payment within a time limit but fails to pay;
企业因生产经营困难，暂时无法支付劳动者工资，在 规定的延期支付期限届满仍无法支付的； (2) The enterprise is temporarily unable to pay the wages of the workers due to difficulties in production and operation, and is still unable to pay at the expiry of the prescribed extended payment period;
由劳动仲裁裁决生效、法院裁定判决生效后仍不支付 劳动者工资的。 (3) The labor arbitration ruling takes effect, and the court does not pay the wages of the workers after the ruling has come into effect .
Article 11 The enterprise shall bear the burden of proof for wage payment. 者在规定时间内不能提供有关工资支付凭证等证据材料的，人力 资源社会保障部门或者相关行业主管部门可以按照劳动者提供的 工资数额及其他有关证据直接作出认定。 Where an enterprise refuses to provide or fails to provide relevant evidence such as wage payment vouchers, the human resources and social security department or the competent industry authority may directly make a determination based on the amount of wages provided by the worker and other relevant evidence.
2 年内未发生拖欠劳动者工资投诉、举报情况的，可向人力资源社会保障部门申请返还工资保证金。 Article 12 If the industrial, mining, commercial and other enterprises have not received wage complaints or reports of wage arrears within 2 years after storing wage guarantees , they may apply to the human resources and social security department for the return of wage guarantees. 15 天后，未发生拖欠劳动者工资投诉、举报情况的，可向人力资源社会保障部门申请返还工资保证金。 If construction companies in all fields of construction, municipal, transportation, water conservancy, electric power, railway and other engineering constructions do not have any complaints or reports of wages in arrears after 15 days after the construction project is completed and accepted and publicly announced , they can apply to the human resources and social security department for refund. Wage security.
发生工资拖欠问题的，在收到完整的申请材料之曰起 10 个工作曰内返还专户内的工资保证金。 The human resources and social security department, in conjunction with the relevant industry authorities, verifies that no wage arrears have occurred in the enterprise , and returns the wage security in the special account within 10 working days from the date of receipt of the complete application materials .
工后由施工企业提出书面申请，同时提供业主单位、监理单位出 具的不存在拖欠劳动者工资的书面证明，经人力资源社会保障部 门会同相关行业主管部门核实后，予以返还工资保证金。 Article 13 For construction projects whose completion and acceptance cycle exceeds one year, a written application may be submitted by the construction enterprise after the completion of the project, and a written certificate issued by the owner unit and the supervision unit that no wages are in arrears shall be provided. The social security department shall return the wage deposit after verification with the relevant industry authorities.
金帐户曰常管理工作，确保专户资金安全。 Article 14 Banks that open accounts for payroll deposits shall manage the payroll accounts of the enterprise regularly to ensure the safety of funds in the accounts. “同进同退”原则，即保证金本息原路退回保证金缴存时的企业银行基本户，若企业银行基本户发生变更需转入其它账户的，必须提交书面说明及承诺书。 Wage deposit returns are based on the principle of "same advance and return", that is, the principal and interest of the deposit are returned to the basic corporate bank account at the time of deposit deposit. If the basic corporate bank account is changed and needs to be transferred to another account, a written statement and commitment must be submitted.
得申请返还工资保证金，待工资拖欠问题妥善解决后，再按规定 办理返还手续。 After the construction enterprise has inspected and accepted the construction project and there is a problem of wage arrears, it is not allowed to apply for the refund of wages. After the problem of wage arrears is properly resolved, the refund procedures shall be processed in accordance with regulations .
Chapter IV Supervision and Management
被使用后未及时足额补足的，由各行业主管部门责令企业限期缴 存或补足工资保证金，并跟踪落实企业缴存或补足情况。 Article 15 If the enterprise fails to pay the wage security deposit in full or in a timely manner after the wage security deposit is used, it shall be ordered by the industry authorities to deposit or supplement the wage security deposit within a time limit , and track the implementation of the enterprise deposit or supplement . 资不积极主动配合解决的，三年内不得参评优秀企业；单位负责 人不得参评先进个人或劳动模范，该企业承建的工程项目不得参 评优秀项目。 If the enterprise fails to pay the wage deposit according to this opinion, or if the wages of the workers who are in arrears are not actively co-ordinated, they shall not participate in the evaluation of outstanding enterprises within three years; the person in charge of the unit shall not participate in the evaluation of advanced individuals or labor models, and the engineering projects undertaken by the enterprise shall Participate in outstanding projects.
Chapter V Supplementary Provisions
在各自职责范围内负责解释，原有文件与本意见不一致的，以本 意见为准。 Article 16 The Municipal Human Resources and Social Security Department and the relevant departments shall be responsible for the interpretation within the scope of their respective duties. If the original document is inconsistent with this Opinion, this Opinion shall prevail.
公室关于转发〈龙岩市企业工资保证金制度实施意见〉的通知》 （龙政办〔 2011 〕 217 号）同时废止。 Article 17 This Opinion shall be implemented as of the date of promulgation, and the “ Notice of Longyan Municipal People 's Government Office on Forwarding the Opinions on the Implementation of the Longyan City Wage Guarantee System” (Longzhengban [ 2011 ] No. 217 ) shall be repealed simultaneously.
Attachment: Implementation Opinions of Longyan City Wage Guarantee System (Revised)