Source from:Department of Housing and Urban Rural Development of Sichuan Province
To all housing and urban rural construction administrative departments, and market supervision bureaus of Sichuan Province:
In order to promote the reform of labor employment system in the construction industry, innovate the professional development path of construction workers, accelerate the cultivation of workers in the construction industry in the new era, and promote the high-quality development of the construction industry, we hereby notify the following matters related to the enterprise pilot work of construction engineering according to Implementation opinions of The People's Government of Sichuan Province on promoting high quality development of Sichuan construction industry (No.54, 2019)
1.Pilot Areas
Carry out the enterprises pilot work of construction engineering in Chengdu, Luzhou, Mianyang, Neijiang and Bazhong.
2. Contents
2.1 Suspend the qualification examination and approval of construction labor subcontractor.From the date on October 12, 2019, the pilot areas will stop accepting the qualification application of construction labor subcontractor.Enterprises that have already obtained the qualification of construction labor subcontracting may continue to handle such matters as change and extension in accordance with the current relevant regulations.The restriction that the construction labor operation should be subcontracted to the construction labor subcontractor shall be canceled. In the pilot areas, the construction labor operation should be subcontracted according to law, and the transition should be from the current construction labor subcontractor to the construction worker and the construction professional operation enterprise. The construction labor subcontractor shall not subcontract the construction labor operation to another professional enterprise.Guide the development of construction labor subcontracting enterprises to professional construction enterprise,implement that construction workers are both workers and investors of professional construction enterprise. The "empty shell" construction labor subcontracting enterprises without actual labor workers should be banned.
2.2 Develop professional operation partnership enterprise. Support team leaders with certain management ability and construction performance, and construction workers to invest in the establishment of professional construction enterprises according to law, which will be included in the management of "small and micro enterprises".The establishment of professional construction enterprises shall comply with the provisions of the Partnership Law of the People's Republic of China on the registration and establishment of "limited partnership enterprises".The legal representative of a professional construction enterprise shall be a registered professional or a technical worker with professional skills. Professional enterprises can apply for the scope of professional operation based on the types of skilled work obtained by construction field, without applying for work safety license. As the legal carrier of construction workers' labor operation, professional construction enterprises shall abide by the legal provisions of the "partnership enterprise", do a good job in the management of real name system of construction workers, the signing of labor contracts and the payment of wages for construction workers, and provide relevant social security for construction workers in accordance with the law.
2.3 Professional construction enterprise category setting. According to the actual labor demand of the construction industry, the professional construction enterprises classify the skilled work types obtained by the construction field and temporarily set up 8 specialties: masonry, concrete, steel bar, shelf, carpentry, waterproof, electrical engineering and other professional construction major. In principle, the number of skilled workers in each professional construction enterprise shall not be less than 3, and the number of technical workers above the intermediate level who have passed the training and assessment shall not be less than 50%. Professional construction enterprises need to undertake construction labor operations according to the scope of operation applied for and the skill types of construction workers.
2.4 Information reporting system should be implemented. After obtaining the industrial and commercial registration, the professional construction enterprises log in the portal website of "Housing and Urban Rural Development department of Sichuan Province"(JST. Sc.gov.cn), enter the "Sichuan construction workers management service platform" to apply for the user registration information, and fill in the business license, operation category, professional skill certificate of technical workers, corporate identity certificate and other aspects through the "Sichuan construction workers management service platform" The relevant information shall be announced by the Department of Housing and Urban Rural Construction (city, district) where the enterprise is registered for Industry and commerce, and can undertake construction labor services in the provincial construction market. If a professional construction enterprise outside Sichuan Province enters Sichuan to engage in business activities, the basic information of the enterprise shall be entered into the "Construction Worker Management Service Platform of Sichuan Province" and published to the public.
2.5 Real-name system of construction workers should be put into practice. Increase the implementation and application of real name management of construction workers. Projects under construction in the whole province should be recorded with the identity information: education, training, skill level, employment record, integrity, as well as salary information of construction workers through the construction worker management service platform, so as to effectively protect the legitimate rights and interests of construction workers. Professional construction enterprises shall collect, verify and update the information of their own construction workers in a timely manner and submit it to the project contracting enterprises for filing and verification.
2.6 Professional skills of construction workers should be improved. Support the pilot areas to carry out the construction workers' vocational skills improvement actions, establish the construction workers' vocational training mechanism, guide the enterprises to carry out job orientation training and skills improvement training in various forms such as school enterprise cooperation, combination of work and learning, new apprenticeship system, etc. Encourage professional construction enterprises to establish a system of linking training assessment and skill appraisal levels of construction workers with basic wages, and mobilize the enthusiasm of construction workers to participate in the training.
3.Requirements
Strengthen organizational leadership. The development of professional construction enterprises is an important part of deepening the reform of labor employment organization mode, opening up the professional development channel of construction workers, as well as accelerating the cultivation of construction industry workers in the new era. Each pilot area shall establish working mechanism, strengthen organization and leadership in accordance with the requirements of the pilot work, timely study and solve the problems in the work, ensure the smooth development of the pilot work, form pilot experience that can be popularized, and strive to build a professional construction brand with local characteristics.
3.2 Strengthen supervision during and after the event. The communication between the department of housing and urban rural construction and the department of market supervision in each pilot area should be more closer to establish linkage mechanism, standardize the market behavior of professional construction enterprises, strengthen the management of professional construction enterprises and employees, and deal with the problems: Submitting false information; The inconsistency between the legal representative and the actual controller; Separation of people and ID; The illegal engagement in construction labor operations; Do not implement the real name system management of construction workers;In arrears with the wages of construction workers. The professional construction enterprises which have the above mentioned problems shall be investigated punished in a timely manner, as well as recorded in the bad behaviors and publicized to the society.
This notice shall come into force on October 12, 2019 and shall be valid for two years.
Administration for Market Regulation of Sichuan Province
September 11, 2019