Recently, the 7 ministries and commissions such as ministry of urban and rural construction release housing " about beginning qualification of profession of personnel of technology of project domain major " hang card " etc break the law violate compasses act the announcement of special punish " (the following abbreviation " announcement " ) .
The problem that hang card involves an area very wide, involve the personnel that hang card not only, and the aptitude application of the enterprise that hang card and check, project project action bids, also involve the wage issue of the right project manager of syncretic of testimony of a witness at the same time. Say to hang card so special punish will produce bigger effect to bldg. zoology.
" hang card terminative! Live build the door of 7 greater part such as the ministry to combine " encircle and suppress " the member that hang a witness and behavior " and " unscramble: Hang card to be combined " encircle and suppress " , the " that moves toward dead end hangs card " " public date is connected to push in construction after sending, everybody leaves a message eagerly, express oneself point of view, also raised a lot of question at the same time, we undertake with everybody with respect to the problem that hang card one is discussed again today, offer reference only.
One, after all what is to hang card?
Basis " register build division management to set " (abbreviation " regulation " ) make clear the 3rd times: Register build division to hold the position of controller of construction unit project and the professional technology personnel that undertake relevant activity.
The 6th, the 15th makes clear: Build division to be able to suffer only hire at a relevant unit, must not be in two at the same time or two above unit suffers hire or hold course of study.
" announcement " in emphasize: Gravity is investigated hold a witness to register unit and real work unit to not agree with.
Basis " regulation " and " announcement " do not go out inaccessibly: "Hold a witness to register unit and real work unit to not agree with " namely " hang card " .
2, which a few kinds does the cent that hang card become?
Investigate " hang card " should find out namely " register unit and real work unit to not agree with " hold a witness? Register an unit to decide easily! And how does real work unit decide, be a big question? Also be to investigate the key difficult point that registers card!
Real work unit is decided really, degree plain management studies the ministry thinks, should be like below a few element: Pay of labor contract, social security, salary extends, record of check on work attendance, familiar enterprise and project case.
Degree plain administrative research department investigates difficult easy degree according to hanging card, undertake classified to hanging card behavior:
1) much unit is registered;
2) testimony of a witness shoulds not one;
3) syncretic of testimony of a witness, spot does not walk on data of duty, check on work attendance not complete;
4) syncretic of testimony of a witness, spot walks on data of duty, check on work attendance manager of project of complete, dummy.
To the 4th kind of personnel, come from some kind of meaning say to already cannot be defined for " hang card " , but its enter project ministry or business because of its certificate after all, without responsibility of manager of real exercise project, still include so hang card, use presumingly to try to distinguish " dummy " one word.
Degree plain management studies the ministry thinks, hang card special punish, housing and ministry of urban and rural construction are carried out strictly, do data of good social security to check walk on office inspection with the spot, beforehand appraise of 80% hang card to will disappear, remain the syncretic of testimony of a witness of 20% , spot to walk on the dummy project manager with complete data of duty, check on work attendance.
The member that this part hangs a witness will be had very old law and hold estate venture, because the spot walks on duty record, of all kinds sign, the project measures reason of hair make trouble, will face severe punishment even the calamity of bagnio, here, degree plain management studies the ministry reminds everybody: Do not risk huge risk because of small profit.
3, problem of the deal with concrete matters relating to work that hang card is solved
Degree plain management studies the ministry arranged 23 to hang confirm Wu problem, involve the individual that hang card not only, also involve the company that hang card, we try to be in " register build division management to set " , " contract law of labor of People's Republic of China " , " law of insurance of society of People's Republic of China " , " invite public bidding of People's Republic of China bids law " wait for legal laws and regulations on the foundation, give solve, be in what this should emphasize particularly is: Imperscriptible answer, offer reference only!
Problem 1, live build a ministry to want to be opposite as soon as possible " behavior of the " that hang card gives out to be defined clearly, cannot ambiguous. Be after all " register unit and real work unit to not agree with " or " unit of cost of social security pay and register an unit abhorrent " ? The netizen thinks to answer to be a standard with real work unit, cannot be a basis with social security. Retreat inside a lot of state-owend enterprises for example, unit of personnel of come off sentry duty does not send salary to give capture social security only, these people want him to seek the life.
Reply: This netizen proposal has very much constructive, the article leaves call the turn to also have a lot of same question, housing and ministry of urban and rural construction need to give out clearly really " hang card " behavior is defined truly definitely.
This netizen thinks " hang card to should be a standard with real work unit, cannot be a basis with social security. " before we are agreed with half, second half sentence we think to be able to repair instead " it is a foundation with social security, if abhorrent person need to give specification. If abhorrent person need to give specification..
Here, we appeal director branch strongly: Special situation need is special treat, cannot enough put through " one knife is cut " !
Problem 2, can retiree turn after is A firm work emeritus register B company to work? Is social security still used need not hand in?
Reply: Press a country relevant provision, our country emeritus age: The male 60 one full year of life, schoolgirl 55 one full year of life, retiree does not need to pay social security.
" register build division management to set " (ministry of construction of People's Republic of China makes the 153rd) the 15th makes clear with the 16th: The age exceeds 65 one full year of life, cannot apply for to register, already registered its are registered certificate and hold invalidation of seal of course of study.
Spend so plain management studies the ministry thinks: After retiring, it is OK that the age did not exceed 65 one full year of life register and of book of mutually explanatory or synonymous characters.
Problem 3: Retreat inside former unit, to make 5 narrow pass one gold, new now unit works, also calculate hang card?
Reply: This kind of circumstance already testimony of a witness is detached, but retreat inside former unit, attribute a kind of special situation, whether to count hang card, still need to be in charge of a branch to give make clear further.
Problem 4: Card is saved in A, made social security one year, stopped at present; The person is saved in B, did not work, oneself are making social security, calculate hang card?
Reply: Our answer do one's best is to establish state law and relevant provision over, about above this problem is involved " register build division management to set " , " labor contract law " , " social insurance law " wait for Duobufa law and relevant provision.
Degree plain management studies if proved,the ministry thinks you and registering an unit is working relationship, be like " regulation " of the requirement suffer hire at an unit, then this unit should be your pay social security, if end pay social security explains you and this unit do not have working relationship, concern without labor, you are registered in this enterprise, count hang card!
Problem 5: Certificate is registered be in with social security A unit, autograph of B unit part-time job is not full-time contract to do other work, buy inductrial injury a place difficult of access only, calculate hang card?
Reply: " register build division management to set " build division clearly to be able to suffer only hire at an unit, unit of social security pay is maintained commonly is you get the unit that hire, deny a part-time job to be taken however mix at your individual oneself suffer hire an unit to ask, law does not have demarcate.
So, whether does this kind of circumstance count hang card? Still basically treat your condition carry out duty in project spot, if register an unit,be the letter that aptitude files to use you, want the condition of check on work attendance that treats you to be in this company.
If both does not have a problem, should not belong to hang card.
Problem 6: Social security is bought in former unit, real work is in show an unit, card also is in show an unit, be engaged in managing on the project, do this also calculate hang card?
Reply: The model hangs card behavior.
Problem 7: Register in head office, but the person is in branch, social security also is in branch, is what this plants OK not OK?
Reply: The branch establishs legal person to not merely, belong to head office agency, attribute principal part of a legal person with head office, for same an unit, so this kind of circumstance is " syncretic of testimony of a witness " .
Problem 8: This second hang card special punish, will check whether much unit to register, check social security unit and register an unit whether consistent, check project spot to walk on duty to wait, so hang aptitude not to hang a project to also go to work without new unit, do not check?
Reply: Really this kind of circumstance thinks fish has bit of difficulty, nevertheless director branch also can be passed " (1) record through unit check on work attendance; (2) wait for chatting information through QQ of inspect of public security, net, small letter " wait for method fish.
Problem 9: Already left his post, certificate and hold recapture of seal of course of study came, but saving the website that establish office to still can examine information, how to solve?
Reply: Do not have labor to concern to professional technology personnel and unit of choose and employ persons or already removed labor concerns, but because all sorts of reasons were not dealt with,cancel those who register, qualification of profession of professional technology personnel registers management department to be able to apply for those who refer to reach according to unit of choose and employ persons or individual remove with former servant unit the material such as court decision of arbitration of labor contract certify to, labor, judicatory, deal with directly cancel formalities.
Problem 10: Different department evidence, put in two units, do not be in provincial, do this calculate hang card?
Reply: " register build division management to set " build division clearly to be able to suffer only hire at an unit, different department evidence is put in two units, basis " regulation " also belong to hang card.
Problem 11: Without personnel of course of study, certificate is being used, without insurance, calculate hang card?
Reply: Certificate registers an unit should be unit of social security pay (retiree except) , social security was not in register an unit, demonstrative working relationship is absent this unit, no matter have,do not have in social security of other unit pay, should count hang card.
Problem 12: Hang card special punish, influential to building application of the aptitude in the enterprise and aptitude to check?
Reply: Mix besides lowermost aptitude grade in standard of each category aptitude at present fancy aptitude needs to register build outside waiting for personnel, the index assessment that the spot administrator that makes letter of post of personnel of title of division, intermediate above, hold, skilled worker registers in other aptitude standard already cancelled.
This second hang card special repair will be right enterprise of aptitude of each category lowest (for example: Construction project construction always contracts enterprise of 3 class aptitude) , fancy aptitude enterprise (for example: Construction project construction always contracts fancy aptitude enterprise) aptitude application and aptitude trends are checked will produce an effect, these enterprises most at least needs syncretic of testimony of a witness, produce an effect to building division project to walk on duty to hang card at the same time.
The aptitude application about other aptitude enterprise and aptitude trends are checked will not produce an effect, produce an effect to building division project to walk on duty to hang card.
Problem 13: Former unit already left his post, also stop buy social security, new unit buys social security but cannot register, should this kind of circumstance manage like where?
Reply: " register build division management to set " thirteenth in register period of efficacy inside, register build division to change hold estate unit, ought to remove with the former unit that recruit labor concerns, and according to the 7th, the 8th regulation deals with change to register formalities, after change is registered, still continue to register period of efficacy formerly.
Apply for those who register to change, ought to submit following data:
(one) register build division change to register application form;
(2) register certificate and hold seal of course of study;
(3) applicant and the photocopy of the contract that recruit that the new unit that recruit signs or valid proof file;
(4) the job brings a proof into play (remove with the former unit that recruit the contract that recruit or the prove file, retiree emeritus proof that the contract that recruit expires) .
Problem 14: ? ?010 year Hangzhou one building site goes to work, and 2 build register company of a construction is started in carry on. Of the same age goes to one company of Shanghai to go to work, took an examination of in the company 2 build card to register the company that going to work. The company that 15 years carry on starts stopped me 2 build register reach social security, but the enrollment that did not cancel me information. Passed 17 years propose an examination, 18 years application is registered in unit going to work when was come to by go back, did not show reason. Live in Zhejiang at present build hall to be able to inquire me 2 establish information to 15 years effective, stay in what there am me on the website that build a department to register information, do excuse me next my this circumstances calculate hang lean? How should handle?
Reply: Basis " hang card special punish informs " , was to the end of January 2019 in December 2018 check oneself from correct time. You should be dealt with in time in former unit cancel wait for formalities. In check oneself from correct during, reach the designated position to rectifying and reform, can inspect a circumstance to find out its no longer relevant responsibility.
If former unit does not cooperate to cancel, " hang card special punish informs " clear: Do not have labor to concern to professional technology personnel and unit of choose and employ persons or already removed labor concerns, but because all sorts of reasons were not dealt with,cancel those who register, qualification of profession of professional technology personnel registers management department to be able to apply for those who refer to reach according to unit of choose and employ persons or individual remove with former servant unit the material such as court decision of arbitration of labor contract certify to, labor, judicatory, deal with directly cancel formalities.
Problem 15: Excuse me the service sends personnel, social security is in service company, is certificate registered in send an unit to attribute the action that hang card?
Reply: " labor contract law " specific provision " the service sends the work that perhaps replaces a gender in provisionality, auxiliary sex commonly carry out on post " , so, build division to regard the backbone that builds enterprise and project department as personnel, do not belong to a service to send limits. So, this kind of circumstance should be belonged to hang card.
Problem 16: Build division card to be in a company, the company was not bought again be sure and give cost, handle how?
Reply: Clutch buy, cancel at once otherwise!
Problem 17: A lot of super companies, two provinces use the one class of a person to create division, check anyway do not come out.
Reply: Social security begins from January 1, 2019, unite by duty Wu collect, to moment convenient fish came!
Problem 18: The person goes to work in A province, card is saved in B, two provinces of AB buy social security, also calculate so hang lean?
Reply: According to relevant law, one person buys a social security only at the same time, in each province at present social security system does not have couplet net circumstance, can accomplish much province to buy much portion social security, begin from January 1, 2019, duty Wu branch is unified after collecting social security, because of duty Wu system already countrywide couplet net, two provinces hand in the circumstance of social security to will make the history, should do ahead of schedule plan, proposal:
1) decide to put certificate and social security in which unit as early as possible;
2) an unit is cancelled as early as possible.
Problem 19: I from retreat inside former unit remove from time to tome contract and inside retreat a proof, there is policy to continue to pay insurance in former unit, I went new unit works, but need not new unit pays insurance, excuse me my build division card to be able to be registered in new unit!
Reply: Basis " register build division management to set " requirement: Build division to be able to suffer only hire at an unit. Register an unit to ask to agree without unit of pay of requirement social security and certificate, social security is the important material that proves real work unit, but not be only material, the case of personnel is returned inside, photograph contrast is more complex, whether to belong to hang card, seek advice to director branch please.
Problem 20: Former unit goes producing can shut, but acting capture social security, hold card is in show unit mount guard, calculate hang card?
Reply: This kind of circumstance also belongs to depart of testimony of a witness, because involve an unit to produce,can shut, can regard special situation as processing, still need to wait to be in charge of a branch to be made clear further.
Problem 21: Leave former unit, former unit is buckling card not to give turn piece, still manage without time place, had found new unit now, social security also is new unit is being handed in, also calculate hang card? Such misgivings!
Reply: Basis " hang card special punish informs " , was to the end of January 2019 in December 2018 check oneself from correct time. You should be dealt with in time in former unit cancel wait for formalities. In check oneself from correct during, reach the designated position to rectifying and reform, can inspect a circumstance to find out its no longer relevant responsibility.
If former unit does not cooperate to cancel, " hang card special punish informs " clear: Do not have labor to concern to professional technology personnel and unit of choose and employ persons or already removed labor concerns, but because all sorts of reasons were not dealt with,cancel those who register, qualification of profession of professional technology personnel registers management department to be able to apply for those who refer to reach according to unit of choose and employ persons or individual remove with former servant unit the material such as court decision of arbitration of labor contract certify to, labor, judicatory, deal with directly cancel formalities.
Problem 22: Is after cancelling formalities, was being dealt with to want to take an exam afresh? Company with be in their company the website deletes information, cancel namely, should take an exam afresh for, do not wish to delete. The staff member of a lot of institutions hangs card in construction company now, pressed a regulation to cannot be hanged, can you turn to the institution? Live for instance build bureau or the project such as water Wu bureau kind unit?
Reply: Do not need to take an exam afresh, new application is registered can! " register build division management to set " the 18th is cancelled to register what perhaps do not grant to register, after having remarks book requirement afresh, can press the 7th, the 8th regulation applies for to register afresh.
Turn to the institution to register, if the unit of social security pay with you is abhorrent, also be to hang card likewise.
Problem 23: One platform consults 4 libraries check very much small fair Sidouda to be less than aptitude to ask, give demote? In union social security is checked hang card, reckon a lot of small companies closed down. Touch so the interest of local government? If be, so the place is not checked, lean the power of ministries and commissions only, progress reckons the meeting is very slow.
Reply: Endless like that, above all: Pass the 4 libraries that information system mixes social security to build a department one platform, rely on local government not completely, can fish " testimony of a witness is detached " personnel; Next, " hang card special punish informs " clear: Supervise in guidance (will come in Feburary 2019 by September 2019) , hang out his shingle to key problem and typical case supervise and direct; The area that develops not do one's best to the job, branch and relevant responsibility person undertake agreement talking; The clue is serious, submit to to concern a branch to undertake asking to relevant responsibility person duty.
