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Heavy! Construction enterprises may sign labor contracts or employment agreements according to the situation! The two departments revised the management measures for real name system of construction workers (Trial)!

On August 16, the Ministry of housing and urban rural development and the Ministry of human resources and social security issued a notice to amend some provisions of the administrative measures for real name system of construction workers (Trial).

I Article 8 is amended as follows: "The management system of real name system for construction workers shall be fully implemented. Construction enterprises shall sign labor contracts with the employed construction workers in accordance with the law. If they do not meet the conditions of establishing labor relations, they shall sign written employment agreements in accordance with the law. Construction enterprises shall conduct basic safety training for construction workers and register on the relevant real name management platform for construction workers before allowing them to enter the construction site to engage in activities related to construction operations."

2、 The "labor contract" in Articles 10, 11, 12 and 14 shall be uniformly revised as "labor contract or written agreement on employment".

This Circular shall come into force as of the date of promulgation.

The version before modification is as follows:

Administrative measures for real name system of construction workers (for Trial Implementation)

Article 1 in order to regulate the order of the construction market, strengthen the management of construction workers, safeguard the legitimate rights and interests of construction workers and construction enterprises, guarantee the quality and safety of construction projects, cultivate professional and skilled construction workers, and promote the sustainable and healthy development of the construction industry These measures are formulated by laws, regulations and normative documents such as the opinions of the general office of the State Council on comprehensively tackling the problem of wage arrears of migrant workers (GBF [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 (GBF [2017] No. 19).

Article 2 the real name system of construction workers referred to in these Measures refers to the system of comprehensive management of the employment, training, skills and rights protection of construction workers employed by construction enterprises in the form of real identity information authentication.

Article 3 these measures are applicable 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 are responsible for formulating the regulations on the management of the real name system of construction workers throughout the country, and guiding and supervising the implementation of the real name system of construction workers in various localities; Responsible for organizing 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 development departments and human resources and social security departments at or below the provincial (autonomous region and municipality directly under the central government) level shall be responsible for the management of the real name system of construction workers in their respective administrative areas, formulate the management system of the real name system of construction workers, and urge construction enterprises to fully implement the requirements of the real name system of construction workers at the construction site; Be responsible for establishing and improving the real name management platform of construction workers in the administrative region, ensuring the integrity, timeliness and accuracy of all data, and realizing the connection and sharing with the national construction workers management service information platform.

Article 6 the construction unit shall agree with the construction enterprise on the implementation of the construction workers' real name system management, urge the construction enterprise to implement the measures of the construction workers' real name system management, create conditions for the construction enterprise to implement the construction workers' real name system management, and pay the construction workers' wages in full and on time to the special wage account opened by the construction enterprise in the bank according to the project progress.

Article 7 construction enterprises shall undertake the responsibility of real name system management of construction workers on the construction site, formulate the real name system management system of construction workers of the enterprise, equip full-time (Part-time) construction workers with real name system management personnel, and upload relevant data to the real name system management platform of construction workers of relevant departments in real time, accurately and completely through information means.

General contracting enterprises (including general construction contracting, general engineering contracting and professional contracting enterprises that sign contracts directly with the construction unit according to law, the same below) shall take overall responsibility for the real name management of construction workers of the project they undertake, and subcontractors shall take direct responsibility for the real name management of construction workers they recruit, and cooperate with the general contracting enterprises to do relevant work.

Article 8 the management system of the real name system for migrant workers in the construction industry shall be fully implemented, and construction enterprises and migrant workers shall sign labor contracts before entering the construction site. Construction enterprises shall sign labor contracts with the employed construction workers in accordance with the 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 management personnel such as project leader, technical leader, quality leader, safety leader and labor leader shall bear corresponding responsibilities for the real name management of construction workers of the project they undertake. The project management personnel and construction workers of the construction unit, the contractor and the supervision unit who enter the construction site are included in the management scope of the real name system of construction workers.

Article 10 construction workers shall cooperate with relevant departments and the real name management of the construction enterprises where they work. Before entering the construction site, they shall sign labor contracts according to law and receive basic safety training.

Article 11 the real name system information of construction workers consists of basic information, employment information, integrity information, etc.

The basic information shall include the identity card information, education level, type of work (specialty), skill (title or post certificate) level and basic safety training of construction workers and project management personnel.

The employment information shall include such information as job position, labor contract signing, attendance, salary payment and employment records.

Integrity information shall include integrity evaluation, report and complaint, good and bad behavior records and other information.

Article 12 the general contracting enterprise shall collect the basic information of construction workers and project management personnel entering the construction site on the basis of the real identity information, and verify and update it in time; Truthfully and completely record the job position, labor contract signing, attendance, salary payment and other employment information of construction workers, and establish the management account of real name system of construction workers; According to the management requirements of the real name system of construction workers in the project location, the collected information of construction workers shall be uploaded to relevant departments in time.

If the construction workers who have entered the national construction worker management service information platform have no data update for more than one year (including one year), the construction enterprise shall re conduct basic safety training and record relevant information when they are engaged in construction work again, otherwise they shall not enter the construction site for work.

Article 13 construction enterprises shall be equipped with the necessary hardware facilities and equipment to realize the real name management of construction workers. In principle, the construction site shall implement closed management, set up entrance and exit access control system, and use face, fingerprint, iris and other biometric technologies for electronic card punching; For engineering projects without closed management conditions, mobile positioning, electronic fence and other technologies shall be adopted to implement attendance management. The retention period of relevant electronic attendance and electronic files such as images and videos shall not be less than 2 years.

The cost required for implementing the real name management of construction workers can be included in the safe and civilized construction cost and management cost.

Article 14 construction enterprises shall, in accordance with the provisions of the labor contract, directly pay the full monthly wages to construction workers through the special account for migrant workers' wages, and set up a "notice board for protection of construction workers' rights" at a prominent position on the construction site according to the provisions to disclose relevant information.

Article 15 housing and urban rural construction departments, human resources and social security departments, construction enterprises, system platform development and application units at all levels shall formulate systems and take measures to ensure the safety of data and information related to the real name system management of construction workers and the authenticity and integrity of the real name system information of construction workers, and shall not omit or conceal the information.

Article 16 the housing and urban rural construction departments and human resources and social security departments at all levels shall strengthen data sharing with relevant departments, establish an early warning mechanism for the protection of construction workers' rights and interests through data application analysis, new media and information technology channels, effectively protect the legitimate rights and interests of construction workers, and improve the ability to serve construction workers.

Article 17 the housing and urban rural construction departments and human resources and social security departments at all levels shall supervise and inspect the implementation of the real name system of construction workers by the subordinate departments, and order the rectification within a time limit for the problems found; If the rectification is refused or not in place, the relevant responsible person shall be interviewed; If the company still refuses to make rectification or fails to make rectification in place after the interview, it shall be included in the key supervision scope and submitted to the relevant departments for accountability.

Article 18 the housing and urban rural construction departments at all levels shall, in accordance with the requirements of "double randomization and one publicity", strengthen the daily inspection of the implementation of the real name management system of construction workers at the construction site in their respective administrative areas, and investigate and handle the complaints and reports related to the real name management of construction workers. Where the labor security rights and interests of construction workers are infringed upon by not signing labor contracts and arrears of wages in accordance with the law, the human resources and social security department shall deal with them in accordance with the law in conjunction with the housing and urban and rural construction department; The illegal problems or case clues involving the functions of other departments shall be transferred and handled in a timely manner according to the division of responsibilities.

Article 19 the housing and urban and rural construction departments at all levels may include the management of the real name system of construction workers in the standardized land assessment. The real name system information of construction workers can be used as the basis for relevant departments to handle labor disputes of construction workers. All relevant departments shall formulate incentive measures to support construction enterprises that implement the real name management of construction workers. If there is no wage arrears within a certain period of time, the wage deposit of migrant workers can be reduced or exempted.

Article 20 the housing and urban rural construction departments at all levels shall correct and rectify the irregularities such as fraud, omission and concealment of reports of enterprises and individuals found in the supervision and inspection, enter them into the real name system management platform of construction workers and upload them to the relevant departments in time. Those who refuse to make rectification or fail to make rectification can be dealt with through exposure and verification of enterprise qualifications. In case of wage arrears, the proportion of payment of migrant workers' wage deposits can be increased, and relevant bad behaviors can be recorded in the enterprise or personal credit files, and released to the public through the national construction market supervision public service platform.

Article 21 it is strictly prohibited for housing and urban and rural construction departments and human resources and social security departments at all levels to designate construction enterprises to purchase relevant products in the name of implementing the real name management of construction workers; It is not allowed to arbitrarily charge fees under any pretext to increase the extra burden of enterprises. Those who require construction enterprises to use a certain product or collect fees in violation of regulations shall be corrected immediately; If the circumstances are serious, it shall be submitted to the relevant departments for accountability according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 22 housing and urban rural construction departments and human resources and social security departments at all levels shall formulate detailed rules for the implementation of these measures in light of local actual conditions.

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.