12 provinces cancel the qualification of construction labor service companies and directly undertake construction labor service business


Introduction: it is the general trend that the labor service companies engaged in construction labor service will be completely disqualified nationwide

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The labor service companies will be transformed into professional construction operation enterprises or labor service platform companies to provide qualified construction workers for construction enterprises

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At the same time, the existing labor teams or team leaders with certain skills and experience can establish professional operation oriented companies or registered individual industrial and commercial enterprises Households

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The specific operation process is: after obtaining the industrial and commercial registration, it should go to the county-level housing and urban rural construction department to record its basic information, contact person and other information, and clarify the main types of work

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The county-level housing and urban rural construction department shall issue the qualification certificate of professional operation enterprise according to the record information

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I

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policy analysis on the reform of the construction labor employment system (I) the policy is based on the provisions of Article 6 (12) “reform of the construction labor employment system” in the opinions of the general office of the State Council on promoting the sustainable and healthy development of the construction industry (GBF [2017] No

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19), “promote the transformation of construction labor enterprises, and vigorously develop woodworking, electrician, masonry and other industries” Steel production and other operations based professional enterprises

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Take professional enterprises as the main carrier of construction workers, and gradually realize the corporatization and professional management of construction workers

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We should encourage the existing professional enterprises to be more specialized and refined, enhance their competitiveness, and promote the formation of a number of professional construction enterprises focusing on operation

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We will promote the transformation of migrant workers in the construction industry to skilled workers, and strive to stabilize and expand the employment and Entrepreneurship of migrant workers in the construction industry

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” Item (2) of Article 2 of the guidance on the cultivation of construction industry workers in the new period (Draft) (Jian ban Shi Han [2017] No

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763) “vigorously develop professional operation enterprises.” Regulations: “encourage and guide the existing labor teams or team leaders with certain skills and experience to set up professional companies or registered individual businesses, as the legal carrier of construction workers, promote the transformation of migrant workers in the construction industry to skilled workers, and improve the sense of belonging of construction workers

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The Ministry of housing and urban rural development of the people’s Republic of China has approved Jiangsu, Zhejiang and Guangxi to carry out “pilot training of construction industry workers”

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According to Article 4 of “pilot training program of construction industry workers in Zhejiang Province in the new period” (ZJH [2019] No

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677), we should speed up the cultivation of various employment methods to meet the needs of the transformation of the construction industry It is necessary to cultivate professional operation enterprises

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The team leaders with certain calculation and management ability are encouraged to set up professional operation enterprises to engage in engineering construction

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The second is to build the enterprise’s own workers; the third is to promote the transformation of labor service enterprises; the fourth is to explore the implementation of employee management in pilot operation team enterprises

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Speed up the cultivation of “construction team staff enterprise”, implement the construction team staff system, and set up corresponding construction team enterprises according to different types of work

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(2) legal analysis of the reform policy of construction employment system based on the provisions of the reform policy of construction employment system, the following forms of construction labor employment can be implemented: the first form of construction labor employment: specialized in building steel workers, formwork workers, concrete workers, masonry workers, plastering workers, scaffolding workers, waterproof workers, water and electricity heating installation workers, oil workers Professional labor service companies employ migrant workers to engage in professional construction services

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The second form of construction labor employment: the labor team or the team leader with certain skills and experience will be set up as the individual industrial and commercial households with a certain professional operation, and the individual industrial and commercial households will employ migrant workers to engage in a certain professional construction labor

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With many years of practical experience in the construction of existing construction enterprises, migrant workers can be registered as individual industrial and commercial households specialized in steel workers, formwork workers, concrete workers, masonry workers, plasterers, scaffolders, waterproofing workers, water, electricity and heating installers, painters and external wall insulation workers by the market supervision and Administration Department of their registered permanent residence, regular residence or construction employment place

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Policy analysis on canceling the examination and approval of construction labor qualification and establishing and implementing the notification and record system of professional operation enterprise qualification (1) policy basis for promoting the pilot cancellation of construction labor qualification (1) according to Article 2 of the guidance on cultivating construction industry workers in the new era (Draft) (Jian ban Shi Han [2017] No

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763), the, Cancel the examination and approval of construction labor qualification, establish professional operation enterprise qualification, and implement the notification and record system

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After obtaining the industrial and commercial registration, the professional operation enterprises shall go to the county-level housing and urban rural construction department to record their basic information, contact person and other information, and clarify the main types of work they are engaged in; the county-level housing and urban rural construction department shall issue the qualification certificate of professional operation enterprises according to the record information, and the professional operation enterprises shall engage in professional operation subcontracting within the scope permitted by the qualification certificate

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At present, the Ministry of housing and urban rural development of the people’s Republic of China has approved 12 provinces, including Shaanxi, Anhui, Zhejiang, Shandong, Jiangsu and Qinghai, Heilongjiang, Jiangxi, Guizhou, Henan, Shandong and Sichuan, to promote the pilot cancellation of construction labor qualification

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(2) policy analysis on promoting pilot cancellation of construction labor qualification

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According to the above policies and regulations on promoting pilot cancellation of construction labor qualification in 12 provinces of China, from then on, professional labor companies or individual businesses specializing in a certain type of construction professional work will be set up, which do not need to go to the local urban and rural and construction departments for approval of construction labor qualification And there is no need to apply for a work safety operation license in the local work safety supervision and administration department

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The specific operation process is: only need to register in the market supervision and Administration Department of the construction site, and then go to the local county-level housing and urban rural construction department to record the basic information, contact person and other information of professional labor service company or individual industrial and commercial households, and clarify the main types of work; the county-level housing and urban rural construction department shall issue professional work according to the record information Enterprise qualification certificate: professional operation enterprises engage in professional operation subcontracting business within the scope permitted by the qualification certificate

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Policy analysis on promoting the transformation of labor service enterprises and building labor employment platform (1) the policy is based on the provision of “guiding the transformation and development of labor service enterprises” in Item (3) of Article 2 of Jian ban Shi Han [2017] No

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763: “relax the restrictions on market access, and encourage labor service enterprises with certain organization and management capabilities to provide general contracting and specialized services through the introduction of talents and equipment We should encourage large and medium-sized labor service enterprises to make full use of their own advantages to build a labor employment platform to provide qualified construction workers for construction enterprises, and guide small and micro labor service enterprises to transform into professional operation enterprises to become the main body of construction employment

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” (2) policy analysis on promoting the transformation of labor service enterprises and building labor employment platform

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According to the policy of “guiding the transformation and development of labor service enterprises and building labor employment platform” in Item (3) of Article 2 of Jian ban Shi Han [2017] No

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763, there are three transformation directions of labor service companies: the first direction is to introduce talents and equipment to existing labor service companies Radial general contracting and professional enterprise transformation; the second transformation direction: transform the existing labor service company into a professional labor service company specialized in steel workers, formwork workers, concrete workers, masonry workers, plasterers, scaffolders, waterproofing workers, water and electricity heating installation workers, painters, external wall insulation workers and other professional operations

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The third transformation direction: the existing labor service companies make full use of their own advantages to build labor employment platform, and provide qualified construction workers for construction enterprises

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Source: Xiao Taishou

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