安徽發布農民工工資支付新規 建設單位負首要責任 施工總承包企業負主體責任
近日,安(an)徽省(sheng)住(zhu)建(jian)(jian)廳發布《關于建(jian)(jian)立長(chang)效機制(zhi)切實保障建(jian)(jian)筑行(xing)業農(nong)民(min)工工資(zi)支付工作的通(tong)知》,自(zi)2022年7月1日起施行(xing)。明確:
建(jian)(jian)(jian)(jian)設單(dan)(dan)位(wei)對(dui)農(nong)民(min)(min)(min)工(gong)(gong)(gong)(gong)(gong)工(gong)(gong)(gong)(gong)(gong)資(zi)(zi)支付承(cheng)(cheng)擔(dan)首(shou)要(yao)責任,施(shi)工(gong)(gong)(gong)(gong)(gong)總承(cheng)(cheng)包(bao)企(qi)業(ye)(ye)對(dui)農(nong)民(min)(min)(min)工(gong)(gong)(gong)(gong)(gong)工(gong)(gong)(gong)(gong)(gong)資(zi)(zi)支付承(cheng)(cheng)擔(dan)主體責任。建(jian)(jian)(jian)(jian)設單(dan)(dan)位(wei)未按照合同(tong)約(yue)定(ding)足額、按時撥(bo)付工(gong)(gong)(gong)(gong)(gong)程(cheng)(cheng)進度款導致(zhi)農(nong)民(min)(min)(min)工(gong)(gong)(gong)(gong)(gong)工(gong)(gong)(gong)(gong)(gong)資(zi)(zi)拖欠(qian)的(de)(de),由建(jian)(jian)(jian)(jian)設單(dan)(dan)位(wei)以未結清的(de)(de)工(gong)(gong)(gong)(gong)(gong)程(cheng)(cheng)款為(wei)限(xian)先(xian)(xian)行(xing)墊(dian)付被拖欠(qian)的(de)(de)農(nong)民(min)(min)(min)工(gong)(gong)(gong)(gong)(gong)工(gong)(gong)(gong)(gong)(gong)資(zi)(zi)。對(dui)拒不墊(dian)付的(de)(de)建(jian)(jian)(jian)(jian)設單(dan)(dan)位(wei),記錄(lu)(lu)不良信用(yong)(yong);涉及政府(fu)投資(zi)(zi)項(xiang)目的(de)(de),記錄(lu)(lu)不良信用(yong)(yong),及時移交(jiao)人力資(zi)(zi)源社(she)會(hui)保障部門和其他有關(guan)部門,按照《保障農(nong)民(min)(min)(min)工(gong)(gong)(gong)(gong)(gong)工(gong)(gong)(gong)(gong)(gong)資(zi)(zi)支付條(tiao)例》及相(xiang)關(guan)法(fa)律、法(fa)規(gui)規(gui)定(ding)處理。建(jian)(jian)(jian)(jian)設單(dan)(dan)位(wei)已按合同(tong)約(yue)定(ding)足額、按時撥(bo)付工(gong)(gong)(gong)(gong)(gong)程(cheng)(cheng)進度款、結算款,但(dan)施(shi)工(gong)(gong)(gong)(gong)(gong)總承(cheng)(cheng)包(bao)企(qi)業(ye)(ye)未及時代發(fa),導致(zhi)農(nong)民(min)(min)(min)工(gong)(gong)(gong)(gong)(gong)工(gong)(gong)(gong)(gong)(gong)資(zi)(zi)拖欠(qian)的(de)(de),由施(shi)工(gong)(gong)(gong)(gong)(gong)總承(cheng)(cheng)包(bao)企(qi)業(ye)(ye)清償;涉及分包(bao)企(qi)業(ye)(ye)拖欠(qian)農(nong)民(min)(min)(min)工(gong)(gong)(gong)(gong)(gong)工(gong)(gong)(gong)(gong)(gong)資(zi)(zi)、項(xiang)目轉(zhuan)包(bao)拖欠(qian)農(nong)民(min)(min)(min)工(gong)(gong)(gong)(gong)(gong)工(gong)(gong)(gong)(gong)(gong)資(zi)(zi)的(de)(de),由施(shi)工(gong)(gong)(gong)(gong)(gong)總承(cheng)(cheng)包(bao)企(qi)業(ye)(ye)先(xian)(xian)行(xing)清償,再依法(fa)進行(xing)追償。對(dui)拒不先(xian)(xian)行(xing)清償的(de)(de)施(shi)工(gong)(gong)(gong)(gong)(gong)總承(cheng)(cheng)包(bao)企(qi)業(ye)(ye),一經查(cha)實,責令限(xian)期(qi)改正,記錄(lu)(lu)不良信用(yong)(yong);逾(yu)期(qi)不改正的(de)(de),按管理權(quan)限(xian)依法(fa)依規(gui)給予施(shi)工(gong)(gong)(gong)(gong)(gong)總承(cheng)(cheng)包(bao)企(qi)業(ye)(ye)限(xian)制承(cheng)(cheng)接新工(gong)(gong)(gong)(gong)(gong)程(cheng)(cheng)、降低資(zi)(zi)質等級、吊(diao)銷(xiao)資(zi)(zi)質證書等處罰。(建筑經濟與管理)