Guiyang city migrant labor employment management norms

Chapter I General Provisions Article 1 In order to strengthen the employment management of migrant workers, standardize the employment behavior of employers, and protect the legitimate rights and interests of both parties to labor relations, these Provisions are formulated in accordance with the Labor Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with the actual situation of our city. Article 2 These Provisions shall apply to enterprises, individual economic organizations (hereinafter referred to as employers) and migrant laborers who have established labor relations with them within the administrative area of Guiyang City.

State organs, institutions, social organizations and migrant workers who have established labor relations with them may refer to these provisions. Article 3 The term "migrant workers" as mentioned in these Provisions refers to non-professional technical personnel who have no fixed residence in Guiyang, have reached the age of 16 and require employment in this city. Article 4 If migrant workers are injured, disabled or killed during the contract period, their treatment shall be implemented in accordance with the relevant provisions of the state, and the expenses required shall be borne by the employer. Fifth migrant workers in the city employment, in accordance with the provisions of the implementation of hierarchical management. Article 6 Responsibilities of the labor administrative department:

(a) to publicize the national labor laws and regulations;

(2) Issuing employment permits;

(three) to guide the employer to sign a labor contract with the employee and go through the contract verification procedures;

(four) supervision and inspection of the use of foreign labor;

(five) to safeguard the legitimate rights and interests of both parties to labor relations according to law. Seventh migrant workers' personal rights and other legitimate rights and interests are protected by law, and no unit or individual may infringe upon them. Chapter II Employment Registration and Employment Management Article 8 Migrant laborers employed in this Municipality shall hold resident identity cards, the Employment Registration Card for Outgoing Persons and the Guiyang Temporary Residence Permit issued by the labor administrative department where the original permanent residence is located. Women of childbearing age must hold the birth status certificate issued by the family planning department where the original permanent residence is located, apply to the labor administrative department for an employment permit, and hold the certificate for employment in this city. Article 9 An employing unit shall meet the following conditions when using foreign labor:

(a) must be a valid proof of foreign labor;

(two) jobs (posts) that must allow the use of foreign labor;

(3) Providing a working environment and conditions that meet the requirements;

(4) Having the ability to pay laborers' labor remuneration and provide statutory insurance and welfare benefits. Article 10 The employing unit shall, with the consent of the competent department, go through the relevant procedures such as employment registration and annual examination at the labor administrative department.

The labor administrative department shall make a reply within fifteen days from the date of receiving the application. If no reply is made within the time limit, it shall be deemed as consent. Eleventh the use of migrant labor, according to the type of work (post) technical content, labor intensity and labor environment quality classification management. A type of work (post) is strictly prohibited; The second type of work (post) can only be used after approval; Three types of jobs (posts) are allowed to be used; The classification catalogue of specific jobs (posts) shall be published separately by the municipal labor administrative department according to the provisions of the state. Article 12 Any unit or individual is prohibited from using minors under the age of 16. Thirteenth employers in the use of migrant workers in the second type of jobs (posts), by the labor administrative department according to the number of users to the employer to collect "re employment fund", the charging standard is calculated at 40% of the average wage income of employees in the previous year. "Re-employment funds" are mainly used to organize and help unemployed workers and surplus employees of enterprises to re-employment. Where laws and regulations provide otherwise, such provisions shall prevail. Fourteenth units and foreign organizations that use migrant workers shall pay migrant workers "adjustment fees" to the labor administrative department on a quarterly basis, and the monthly payment standard is 65438+ 0-3% of the total wages actually paid to migrant workers. The charging procedures shall be applied to the finance and price departments by the municipal labor administrative department in accordance with the regulations. Article 15 An employing unit shall conclude a labor contract in accordance with the law when using foreign labor. Sixteenth labor disputes between employers and migrant workers, the two sides should be resolved through consultation; If negotiation fails, it may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, it may apply to the Labor Dispute Arbitration Committee for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court. Chapter III Labor Remuneration and Laborers' Safety and Hygiene Article 17 The employing unit shall pay the migrant laborers in full and on time in the form of money in accordance with regulations, and bring them into the management of the wage fund manual. Eighteenth employers must train and educate the migrant workers they use. Engaged in technical work, must accept professional and technical training. Training can be undertaken by enterprises or specialized staff training institutions, and can only be employed after passing the examination and obtaining the technical qualification certificate issued by the labor administrative department. Nineteenth employers must strictly implement the laws and regulations of the state on labor safety and health, and provide necessary labor hygiene conditions and labor protection articles for migrant workers. Personnel working in toxic, harmful and dangerous workplaces and environments must take effective protective measures to prevent industrial accidents. Article 20 The employing unit shall, in accordance with regulations, strengthen the labor protection for migrant female workers and underage workers. Twenty-first migrant workers should complete their labor tasks in accordance with the contract concluded with the employer, consciously implement labor safety and health regulations, and abide by labor discipline and professional ethics.