CaoLiao Knowledge Base | Implementation Rules for Labor Real-Name Management of China Construction Second Engineering Bureau Third Construction Engineering Co., Ltd.

Original Text: https://cli.im/article/detail/1842

Chapter 1 General Provisions

Article 1 These Implementation Rules are formulated in accordance with relevant national laws, regulations, and the provisions of the Bureau's "Labor Management Manual," and in combination with the actual situation of the company.

Article 2 Guiding Principles Standardize labor management practices, protect the legitimate rights and interests of labor personnel, reduce enterprise risks, and promote the healthy development of the enterprise.

Article 3 These Rules apply to the management and supervision of labor personnel used by all project subcontracting teams (including client-nominated subcontractors) under the company.

Article 4 These Implementation Rules are a refinement and supplement to the process management of labor subcontracting in the company's labor management measures.

Article 5 Strictly implement real-name management for on-site labor workers, strengthen control over the workforce, and avoid labor disputes and unstable incidents.

Chapter 2 Organizational Structure, Responsibilities, and Authority

Article 6 Organizational Structure Setup

(1) The company establishes a Labor Management Center to strengthen supervision and collaboration among relevant functional departments; branches must refer to the structure and staffing of the company's Labor Management Center to establish their own branch Labor Management Centers,配备 a director and corresponding management personnel.

(2) Staffing of the Labor Center Director: Company leader in charge of labor Deputy Director: Manager of the Engineering Department Members: Heads of departments including the company's Economic Management Department, Finance Department, Safety Management Department, Quality Technology Department, Legal Affairs Department, Political Work Department, etc., the company's labor administrator, directors of branch Labor Management Centers, and personnel from various project departments.

Article 7 Management Responsibilities and Authority of the Labor Center The Labor Management Center is the execution, supervision, and management body for the on-site use and management of labor subcontracting by the company.

(1) Engineering Department

1. Responsible for the formulation and improvement of the labor real-name management measures.
2. Responsible for guiding and supervising the implementation of the labor real-name management measures.
3. Responsible for the supervision and inspection of labor personnel's identity information management, attendance management, wage payment, and professional qualifications.
4. Leads the organization of relevant departments and project departments in the evaluation, process performance, and credit assessment of labor subcontractors.

(2) Safety Department Responsible for supervising branches and project departments in conducting three-level safety education and entrance examination for workers of subcontracting teams in use; responsible for the supervision and inspection of the validity of work permits for project managers and safety officers of subcontracting teams in use, and the certification status of special operation personnel.

(3) Other Functional Departments Each functional department is responsible for the supervision and inspection of the implementation of labor management systems, the certification status of personnel in subcontracting teams, and their performance within the scope of their departmental responsibilities. They have the authority to propose rectification within a time limit and exercise veto power over the recruitment of labor subcontractors for branches, project departments, or subcontracting teams that do not comply with or fail to manage according to these Rules.

Article 8 Labor Management Organization in Project Departments Project management departments must establish a Labor Management Leading Group. The main personnel setup and requirements for the Project Department Labor Management Leading Group are as follows:

1. The project manager is the primary responsible person for project labor management.
2. The project department must designate a deputy-level or above personnel as the secondary responsible person for labor management, who专职 or兼职 oversees daily labor management tasks.
3. Project departments using 500 or more personnel from labor subcontracting enterprises must set up 1-4专职 labor administrators; those using between 100 and 500 personnel must set up at least 1专职 labor administrator; those using fewer than 100 personnel must set up兼职 labor management personnel. The remuneration of labor administrators shall not be lower than that of project responsibility engineers.
4. Project labor management is not solely the responsibility of labor administrators; relevant departments within the project department must directly participate in daily labor management tasks. Each project department shall formulate a "Project Labor Management Plan" based on the actual project situation. This plan must clearly define the members of the Labor Management Leading Group, their job responsibilities, and contingency plans, based on task decomposition.
5. Labor subcontracting contracts must explicitly stipulate that each on-site subcontracting team must set up at least one专职 labor administrator.

Chapter 3 Information Management

Article 9 Information on labor personnel and teams of subcontracting teams includes the following:

1. Basic Information: Name, ID number, home address, contact information, etc.
2. Job Qualification Information: Team, position, work team, trade, level, certificate number, issuing authority, and issuance date, etc.
3. Labor Employment Contract Information: Wage payment methods and wage standards stipulated in the labor employment contracts signed between the labor company and workers.
4. Team Contract Agreement Information: Piece-rate or time-based contract agreements signed between the labor company and work teams. Standard reporting formats for basic information, job information, and labor contract information are detailed in Appendix 1: Roster of Labor Workers.

Article 10 Information Management Process

Specific Requirements:

(1) The total time for the process up to and including "The project department handles real-name IC cards for migrant workers" shall原则上 not exceed 3 days, with 7 days as the bottom line. (2) Before handling real-name IC cards for subcontracting teams, verify the following content and fill out the "Subcontracting Team Entry Verification Record Form" (Appendix 2): 1. Fully signed and stamped subcontract (verify original, do not retain); 2. Roster of entering labor personnel (retain); 3. ID cards of labor personnel (verify original, retain copy); 4. Certificates of personnel requiring work permits (retain original); 5. Wage payment method or wage standard for entering personnel (retain); 6. Proof of industrial injury insurance payment (retain); 7. Physical examination reports for labor personnel over 50 years old (retain). (3) The "Labor Contract" and "Team Contract Agreement" shall be made in triplicate, with one copy retained by the project department for filing; The "Labor Contract" and "Team Contract Agreement" must be signed at the project department under the on-site supervision of the labor administrator. The project department must keep影像资料 of the signing of each labor contract and team contract agreement. (4) The text of the "Labor Contract" must not violate national laws and local regulations. If standard "Labor Contract" texts exist locally, sign according to local requirements. If no standard contract text exists, sign using the model labor contract text from the Bureau's "Labor Management Manual". (5) The wage amounts determined by the计时 or计件 wage calculation methods in the "Labor Contract" must, on one hand, not violate national laws and local regulations, and on the other hand, while aligning with the market, fully consider the承受能力 of the labor enterprise. (6) The signing rate for "Labor Contract" and "Team Contract Agreement" must be 100%.

Article 11 Management of Entry and Exit During Construction The entry of labor personnel during construction must follow the management regulations in "Article 10". Labor subcontractors must provide the project department with a weekly personnel change report. Upon completion of subcontracting tasks or reduction of personnel during the process, the subcontracting team shall submit an exit report and list of exiting personnel to the project department. After approval by the project manager, personnel may exit, IC cards shall be retrieved, and the exit date shall be noted in the roster. The weekly personnel change report during construction is shown in Appendix 2.

Chapter 4 Attendance Management

Article 12 Attendance Methods Primarily use access control system attendance, supplemented by manual attendance recorded by the labor administrator of the labor enterprise.

Article 13 Attendance Equipment Management To facilitate future networking between the access control system and the company's project management system for labor management informatization, the access control system shall be uniformly tendered by the company's Planning Department, and one equipment brand supplier shall be determined. All projects must sign equipment procurement, installation, and maintenance contracts with this brand supplier. Project departments must配置 one computer. Projects with conditions can network all access control systems for operation.

Article 14 On-site Enclosed Management On-site enclosed management is key to labor real-name management. Each project department must complete the following tasks:

1. The living area for migrant workers on the project must be isolated from the construction area.
2. Full enclosure of the construction site must be achieved during structural construction. If full enclosure is not possible during the later stages of decoration, measures for single-building or small-area enclosure can be taken based on the actual site conditions, supplemented by manual attendance measures to ensure proper attendance. The "Project Labor Management Plan" must include dynamic management planning for site enclosure and access point setup, ensuring pre-control.
3. Projects should appropriately increase investment to strengthen gatekeeper management and on-site enclosed management, preventing individuals without cards or those whose IC card information does not match their identity from entering the construction site.

Article 15 Collection and Organization of Attendance Information

1. The project department, together with the labor team, shall collect and organize access control system attendance data and manual attendance data at least once a week. The organized attendance data must be acknowledged by the signature of the labor workers and retained by the project department for filing.
2. For projects where site conditions truly limit the ability to implement enclosed management, the project department shall conduct irregular spot checks on the authenticity of the subcontracting team's attendance records at least weekly and record relevant situations.

Article 16 Combining Attendance with Leave Wages for work during non-working hours stipulated by national law are higher than those on normal working days. While jointly managing attendance with the labor subcontractor, the project department shall督促 the labor subcontractor to promptly handle leave or shift adjustment procedures for labor construction personnel in cases of work stoppage or idleness caused by engineering technical intervals,交叉施工 impacts, or engineering design changes.

Chapter 5 Wage Payment Management

Article 17 Subcontracting teams shall pay labor personnel wages monthly based on the wage standards or agreed wage payment methods and attendance. When the subcontracting team pays wages to workers, the project department must supervise the distribution and retain影像资料 for filing (at least one valid set of影像资料 per team per payment instance).

Article 18 Subcontracting teams shall submit wage payment sheets, acknowledged by the signature of the labor workers themselves, to the project department monthly. The project department shall review them and retain them for filing.

Article 19 When making subcontracting payments, the project department shall supervise the subcontracting team to prioritize the payment of labor personnel wages. If there are wage arrears, the project department may withhold the unpaid wages of labor personnel and release the payment only after all wages have been paid.

Chapter 6 Preservation of Labor Real-Name Management Materials

Article 20 The complete set of labor real-name management materials (including rosters, labor contracts, team contract agreements, safety education exams, attendance records, wage payments, other影像资料, etc.) must be preserved for at least two years after project completion acceptance and filing.

Chapter 7 Inspection and Assessment of Labor Real-Name Management

Article 21 Inspection Frequency Project management departments shall conduct labor real-name management inspections weekly; branches shall conduct inspections at least monthly; the company's Labor Management Center conducts quarterly inspections and irregular spot checks.

Article 22 Inspection Content

1. Labor administrator ID card, work permit;
2. Labor personnel roster, ID cards, job skill certificates, labor contracts, team contract agreements, labor contracts;
3. Attendance equipment setup and usage, on-site enclosed management, attendance sheets, wage payment sheets;
4. Records of labor personnel entrance education, pre-job training, and continuing education training;
5. Social insurance payment vouchers.
6. "Project Labor Management Plan"

Article 23 Inspection Method Randomly select more than 10 labor workers on-site, record their names, teams, work teams, trades, etc., and then check all other information and materials of the selected individuals in the labor management database based on the on-site records.

Article 24 Scoring Standards The full score for the labor real-name management assessment is 100 points. Non-compliance with the inspection items in the table below will result in deductions from the 100 points according to the scoring standards, until the score is zero.

No.	Inspection Content	Scoring Standard
1	(1) No IC card, and no safety education exam, labor contract, and valid attendance record. (2) Has IC card, but no safety education exam, no labor contract, and no valid attendance record. (3) Worker has been on site for more than 7 days without a signed labor contract and no valid attendance record. (4) Falsification of any material.	If 1 or more persons among the inspected have non-compliant materials, it constitutes a violation of the management bottom line, assessment score is 0.
2	(1) No IC card, has labor contract, no valid attendance record. (2) Has IC card, has labor contract, no valid attendance record.	Deduct 15 points per person.
3	No labor contract, valid attendance record.	Deduct 8 points per person.
4	IC card holder information does not match the card.	Deduct 3 points per person.
5	No valid safety education exam.	Deduct 1 point per person.
6	No valid wage payment record.	Deduct 2 points per person.
7	No影像资料 retained for labor contract signing or wage payment.	Deduct 5-20 points.
8	"Team Contract Agreement" not filed with the project department.	Deduct 5 points per team.
9	No "Project Labor Management Plan".	Deduct 20 points.
10	No "Commitment Letter to Implement the General Contractor's Labor Real-Name Management" from the labor subcontracting enterprise.	Deduct 10 points per labor team.
11	Total deductions from items 2-10 above are greater than or equal to 100 points.	Constitutes a violation of the management bottom line.

Article 25 Assessment and Penalties

(1) The labor real-name management assessment is linked to the project's monthly performance pay, with a weight of 0.08. A score of 70 or above is qualified; a score below 70 results in zero labor management performance pay. (2) Penalties 1. Penalties for Violating the Bottom Line (1) First violation of the management bottom line: Interview the branch leader in charge of labor management, the director and deputy director of the Labor Management Center, and the project manager, and impose a fine of 10,000 to 20,000 RMB on the project department. The inspection team gives the project department 3-7 days for rectification. If the re-inspection still finds a violation of the management bottom line, the penalty is doubled, and so on. (2) Two consecutive violations or a cumulative total of three violations within a year: Submit a request to the company to replace the secondary responsible person for labor management of that project. (3) Three consecutive violations or a cumulative total of four violations within a year: Submit a request to the company to replace the project manager of that project. 2. If the bottom line is not violated, but there is no valid attendance record for inspected personnel, fine the project department 1,000 RMB per person (inspected). 3. If the bottom line is not violated, but there is no labor contract for inspected personnel, fine the project department 500 RMB per person (inspected).

Chapter 8 Management of Labor Subcontracting Enterprises

Article 26 During the labor tendering process, the project department must provide bidders with relevant clauses of various labor management rules, regulations, and implementation rules in the tender documents. Labor subcontracting enterprises must provide a "Commitment Letter to Implement Labor Real-Name Management" when bidding. Failure to provide this commitment letter during bidding will result in the bid being considered invalid. For labor subcontracting enterprises already under contract before the promulgation of these Implementation Rules, the project department must require them to issue a "Commitment Letter to Implement Labor Real-Name Management". A template for the commitment letter is provided in Appendix 3.

Article 27 The project department is the specific implementing unit for labor real-name management. The project department has the authority and responsibility to supervise the implementation of real-name management by labor subcontracting enterprises. For labor subcontracting enterprises and labor teams that do not implement or refuse to implement seriously, the project department has the right to take corresponding measures according to the labor contract. Simultaneously, the project department has the obligation to report the actual situation and handling opinions to the company's and branch's Labor Management Centers. After investigation and verification by the company's Labor Management Center,处理 will be carried out according to the credit evaluation implementation rules for labor subcontracting enterprises.

Chapter 9 Supplementary Provisions

Article 28 If certain clauses in the Bureau's or company's relevant labor management systems and documents conflict with these Implementation Rules, these Implementation Rules shall prevail.

Article 29 These Implementation Rules shall take effect from the date of promulgation.

Article 30 Branches and project departments may further refine attendance management, wage payment management, contract management, and labor material management based on these Implementation Rules to make labor real-name management more operable. However, the principle clauses in these Implementation Rules shall not be modified.

Article 31 The company's Engineering Department is responsible for interpreting these Implementation Rules.

Appendix 1: Roster of Labor Workers

Appendix 2: Weekly Report on Engineering Personnel Changes

Appendix 3: Commitment Letter Regarding the Implementation of Labor Management Regulations of China Construction Second Engineering Bureau Third Construction Engineering Co., Ltd.

Original Document Link:

Labor Real-Name Management Measures