Interim Measures for the Management of Migrant Workers Used by Railway Construction Enterprises

Chapter 1 General Provisions Article 1 In order to further improve labor management in railway infrastructure construction, conscientiously implement relevant national policies and laws, protect the legitimate rights and interests of enterprises and off-road workers, improve labor productivity, and ensure high quality , efficiently complete the railway project construction tasks, these measures are specially formulated. Article 2 The migrant workers referred to in these measures refer to temporary or seasonal workers used by construction enterprises that have not yet been included in the national plan management, as well as outsourced work teams. Article 3 Railway construction enterprises must abide by relevant national policies, regulations and measures when using migrant workers, and organize and implement them in accordance with these measures. Article 4 The relevant competent departments of the Railway Bureau and Engineering Bureau are responsible for the approval and management of migrant workers used by railway construction enterprises. The head office shall be responsible for supervising and inspecting the engineering bureau. Article 5 When organizing project construction, railway construction enterprises must strengthen labor management, tap internal potential, strive to mobilize the production enthusiasm of front-line employees, and rely on their own construction forces to complete production tasks as much as possible. When there is a gap in construction capacity, it must be adjusted first within the enterprise in accordance with the principle of "select and adjust, then recruit". When it is really necessary to use migrant workers, in accordance with the provisions of Article 4 of these Measures, migrant workers shall be used according to the approved employment plan, or the project shall be subcontracted off-road. Article 6 The annual construction and installation workload completed by a railway construction enterprise shall account for more than 90% of the entire annual construction and installation workload of the enterprise. If the construction and installation workload of an outsourced project exceeds 10% of the company's annual construction and installation workload, or the use of migrant workers exceeds the number of construction workers in the unit by more than 20%, it must be approved by the Railway Bureau and the Engineering Bureau (the Engineering Bureau reports to the head office for review). Article 7 If the construction tasks undertaken by the first- and second-level railway construction enterprises need to be subcontracted, the contracting teams shall be selected and their qualifications shall be reviewed by the construction unit. Projects contracted by third- and fourth-level construction enterprises shall not be subcontracted. Chapter 2 Principles and Conditions for the Use of Migrant Workers Article 8 The use of migrant workers by railway construction enterprises should comply with the following principles:

1. The approval and recruitment procedures for migrant workers must be completed in accordance with regulations.

2. Construction units that are suspended or waiting for work are not allowed to use migrant workers in any form.

3. The use of migrant workers is limited to the front lines of construction and production. Migrant workers are not allowed to be used in non-production positions.

4. Projects with high professional and technical requirements, complex construction, high difficulty and directly related to driving safety, such as reconstruction of existing lines or addition of second lines, large and medium bridges of new railways, tunnel projects, special roadbed projects, The erection work, etc. shall not be subcontracted to the road outsourcing team. Article 9 Migrant workers must meet the following conditions:

1. To be recruited, migrant workers must hold their resident ID cards and a letter of certification from the labor department of the county, town, or street where their household registration is located. Male citizens who are in good health, have a clear history, and are qualified to meet the needs of construction positions. They must be male citizens under the age of 40 (individual projects can recruit female workers under the age of 30 as needed).

2. It is strictly prohibited to use child labor under the age of 16.

3. The subcontracting team must hold a business license issued by the industrial and commercial department, a qualification certificate approved by the superior, and registration procedures with the local construction authority.

4. The subcontracting team of subcontracted projects is strictly prohibited from contracting beyond the next level. Chapter 3 Recruitment and Approval Procedures Article 10 The use of migrant workers must be included in planned management. The employer must submit an employment application report to the superior authority before the end of February each year (including: the number of migrant workers recruited, the number of external subcontracted projects and quantity, the unit’s fixed number of personnel, project task volume, construction period, construction labor productivity), after the first-level competent department signs an opinion, and the bureau approves the use of planned indicators, it shall be reported to the labor department of the government where the construction project is located for review and application of the "Temporary Employment Permit" 》Or relevant procedures for permitting temporary employment.

The Railway Bureau and the Engineering Bureau shall approve the planned indicators for the use of migrant workers by their subordinate units and shall report them to the Ministry of Railways for approval. The Engineering Bureau shall also be reviewed by the head office. Article 11: When recruiting migrant workers, we must adhere to standards, act with integrity, and recruit openly. Subcontracting projects must strictly assess the qualifications, credibility, and strength of the subcontracting team and select the best.

Unauthorized employment, failure to go through recruitment approval procedures, or overdue employment of migrant workers and contract workers are illegal employment and must be strictly prohibited. Chapter 4 Contract for the Use of Migrant Workers Article 12 A contract must be signed to use migrant workers. The use of migrant worker contracts must implement the national Economic Contract Law and adhere to the principles of equality, voluntariness, and consensus through consultation. After signing a contract for the use of migrant workers, the company must file it with the local labor administration department. Article 13 The contract for the employment of migrant workers shall be signed between the enterprise and the person being recruited or signed by the labor department of the region where the labor services are exported.

The contract content mainly includes: recruitment number, recruitment conditions, contract period, construction tasks, wages and benefits, labor insurance, labor protection, labor discipline and rewards and punishments, liability for breach of contract and others.

The contract period for using migrant workers shall not exceed one year. After the contract expires, if you really need to continue to use the company, you must renew the contract or sign a new contract. Article 14 Project subcontracting shall be signed by the enterprise and the subcontracting team. The content mainly includes: project overview, construction period and quality requirements, contracting method, project package price, payment method, safety regulations, material supply, responsibilities and rights of both parties, Reward and punishment measures, contract modification and termination, liability for breach of contract and other matters agreed upon by both parties. Article 15: The wages, benefits and labor insurance benefits of migrant workers shall be specified in the contract in accordance with relevant national regulations and in light of the specific circumstances of the railway. Article 16 The contracting team undertaking the subcontracted project must complete the subcontracted project by itself, and is strictly prohibited from subcontracting or subcontracting in any form.