Attached text: Notice of the Ministry of housing and urban rural development and the Ministry of human resources and social security on Amending the measures for the administration of the real name system of construction workers (for Trial Implementation) in order to further promote employment and protect the legitimate rights and interests of construction workers, the Ministry of housing and urban rural development and the Ministry of human resources and social security have decided to amend some provisions of the measures for the administration of the real name system of construction workers (for Trial Implementation) (JS [2019] No.
Construction enterprises shall sign labor contracts with the employed construction workers in accordance with the law.
2、 The “labor contract” in Articles 10, 11, 12 and 14 shall be uniformly revised as “labor contract or written agreement on employment”.
18) (the full text is attached at the end of the article).
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.
Delete “insist that construction enterprises and migrant workers sign labor contracts before entering the construction site”, retain “construction enterprises shall sign labor contracts with the employed construction workers according to law”, and add “for those who do not meet the conditions of establishing labor relations, written employment agreements shall be signed according to law”.
19) and other laws, regulations and normative documents.
And in the revised Article 8, it is clearly stated that “if the conditions do not conform to the establishment of labor relations, a written agreement on employment shall be concluded according to law”! Recently, the Ministry of housing and urban rural development and the Ministry of human resources and Social Security jointly issued a document to amend some provisions of the measures for the administration of the real name system of construction workers (Trial) (Jian Shi [2019] No.
The focus of the real name system has changed from “migrant workers” to “construction workers”.
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 26 of the regulations on ensuring the payment of migrant workers’ wages stipulates that “the general construction contractor or the subcontractor shall conclude labor contracts with the migrant workers employed according to law and carry out the real name registration of employment…”; At the level of normative documents, Articles 8, 11, 12 and 14 of the measures for the administration of the real name system of construction workers (Jian Shi [2019] No.
18) clearly require that construction enterprises should sign labor contracts with farmers; In terms of actual operation, the grass-roots labor inspection department has taken whether to sign a written labor contract as the focus of inspection.
The full text of the revised document of the Ministry of human resources and social security of the Ministry of housing and urban rural development on August 2, 2022 (this document was released publicly) the management measures for the real name system of construction workers (for Trial Implementation) (Jianshi [2019] No.
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.
The notice is as follows: Article 8 is amended as follows: “The management system of real name system for construction workers shall be fully implemented.
59) Article 1 is 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, guarantee the project quality and safe production, and cultivate professional In order to promote the sustainable and healthy development of the construction industry, the skilled construction workers are formulated in accordance with the construction law, the labor contract law, the opinions of the general office of the State Council on comprehensively tackling the problem of arrears of migrant workers’ wages (GBF [2016] No.
“Labor contract” is uniformly revised to “labor contract or written employment agreement”.
Main changes: 1.
If they do not meet the conditions of establishing labor relations, they shall sign written employment agreements in accordance with the law.
This Circular shall come into force as of the date of promulgation.
All the terms of the labor contract involving migrant workers are revised to “labor contract or written agreement on employment”.
18).
Article 3 these measures are applicable to housing construction and municipal infrastructure projects.
2.
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..
18.
It is gratifying that recently, the Ministry of housing and urban rural development and the Ministry of human resources and social security have taken a key step to make a substantive amendment to the Jianshi [2019] No.
1), the opinions of the general office of the State Council on promoting the sustainable and healthy development of the construction industry (GBF [2017] No.
“Fully implement the management system of the real name system for migrant workers in the construction industry” was changed to “fully implement the management system of the real name system for construction workers”.
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.” Original document (Jian Shi [2019] No.
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.
18, revised according to Jianshi [2022] No.
18): Article 8 the real name management system for migrant workers in the construction industry shall be fully implemented, and the construction enterprises and migrant workers shall sign labor contracts before entering the construction site.
