No unit or individual in Gansu may compel migrant workers to re-apply for a wage card

The Detailed Rules for the Implementation of the Interim Measures for the Administration of the Special Accounts for the Wages of Migrant Workers in the Field of Engineering Construction in Gansu Province (hereinafter referred to as the Detailed Implementing Rules) were recently promulgated and implemented. The Detailed Implementing Rules are divided into seven chapters and 39 articles. The Detailed Implementing Rules emphasize that no unit or individual may compel migrant workers to re-apply for wage cards. Where migrant workers use the bank account of another bank's social security card or the bank card of another bank, the inter-bank wage handling fee rate is waived.

The Detailed Implementing Rules make it clear that the special account for migrant workers' wages (hereinafter referred to as the special account) refers to the special deposit account opened by the construction general contracting unit (hereinafter referred to as the general contracting unit) in the banking financial institution (hereinafter referred to as the banking institution) where the engineering construction project is located, and is specially used to pay the wages of migrant workers. Other types of bank settlement accounts, such as basic deposit accounts, general deposit accounts, and temporary deposit accounts, must not be used to open special accounts for migrant workers' wages.

The Detailed Implementing Rules stipulate that the general contracting unit shall open a special account within 30 days from the date of signing the project construction contract, and sign a tripartite agreement on fund management with the construction unit and the bank that opens the account. The general contracting unit shall upload the relevant information of the special account to the Gansu Provincial Migrant Workers Wage Payment Management Public Service Platform (hereinafter referred to as the "LongmingGong" platform) within 30 days after the opening of the special account, and if it is not uploaded within the prescribed time, the human resources and social security administrative department of the project location shall be responsible for supervising the upload. The general contracting unit may, in the case of meeting the regulatory requirements of the project location, have 2 or more engineering construction projects in the same prefecture-level city (including the county and urban area under its jurisdiction), and the general contracting unit may manage the projects under the existing special account.

The Detailed Implementing Rules make it clear that the bank opening the account shall standardize and optimize the service process for opening special accounts for migrant workers' wages, cooperate with the general contracting unit to do a good job in opening and managing special accounts in a timely manner, and carry out special identification of special accounts in the business system (manual ledger registration without conditions). The bank that opens the account shall not transfer the funds from the special account to an account other than the bank account of the migrant workers themselves in this project, and shall not provide cash withdrawal and other transfer settlement services for the special account.

The Detailed Implementing Rules make it clear that the general contracting unit or subcontracting unit shall carry out the management of the real-name system for migrant workers in accordance with the requirements of the competent departments for engineering construction of relevant industries, conclude labor contracts with the recruited migrant workers in accordance with the law and carry out real-name registration of employment. General contracting units and subcontracting units shall collect, verify and update the basic information of the real-name system for migrant workers, establish a real-name system management ledger, and areas with the capacity may explore the introduction of qualified human resources service institutions to participate in the management of the real-name system for migrant workers in engineering construction projects. Personnel who have not concluded a labor contract with the general contracting unit or the subcontracting unit and registered the real name of the employment shall not enter the project site for construction.

The Detailed Implementing Rules emphasize that the bank that opens the account supports migrant workers to use their own social security cards or bank cards with financial functions to receive wages, and must not refuse them to use other banks' social security card bank accounts or bank cards of other banks. No unit or individual may compel migrant workers to re-apply for a wage card. Where migrant workers use the bank account of another bank's social security card or the bank card of another bank, the inter-bank wage handling fee rate is waived. Where migrant workers themselves really need to apply for a new wage card, priority will be given to applying for a social security card with financial functions, and the bank opening the account will be encouraged to provide facilitation services and handle it door-to-door.

Zhao Wanshan, an all-media reporter of Lanzhou Daily

Source: Lanzhou Daily