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Tibet Autonomous Region, Minimum Wage

Original Language Title: 西藏自治区最低工资规定

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Minimum wages for the Tibetan Autonomous Region

(Adopted at the 21st ordinary meeting of the People's Government of the Tibetan Autonomous Region, held on 29 December 2011, by Decree No. 108 of 30 December 2011.

Article 1, in order to optimize the allocation of labour resources, preserve the right of workers to receive labour compensation, guarantee the basic life of workers and their family members, and establish this provision in line with the Labour Code of the People's Republic of China and the relevant legal provisions.

Article 2. This provision applies to all types of enterprises within the administrative region of the self-government zone, individual businessmen with employment, non-business units (hereinafter referred to as an owner's unit) and workers associated with labour relations.

The executive branch, the business unit, the social group and the labour-related workers are implemented in accordance with this provision.

Article 3 imposes a minimum wage security system in the self-government area and sets the minimum wage standards in accordance with the law.

The wages and royalties agreed in the labour contract signed between the user unit and the worker shall not be less than the local minimum wage.

Article IV states the minimum wage, which means that workers are provided with normal work during working hours of the statutory working hours or in accordance with the labour contract signed by the law, and that the unit shall pay the minimum wage.

This provision refers to the working hours agreed by the worker in the labour contract or the work carried out within the statutory period of work. Workers are considered to be normal work in accordance with the provisions of the State and the autonomous territories for paid years, family leave, matrimonial leave, maternity leave, maternity leave, maternity leave, maternity leave, and other statutory holidays, as well as in the time of their work.

Article 5 Minimum wage standards generally take the monthly minimum wage and the hourly minimum wage. The monthly minimum wage is applicable to full-time employment workers and the minimum wage is applied to non-time employment workers.

Article 6 identifies and adapts the monthly minimum wage standards, taking into account the minimum cost of living for local workers and their dependants, the consumption price index for urban residents, the social insurance and housing payments paid by the individual worker, the average salary of the employee, the level of economic development, the conditions of employment, the natural environment, climate conditions, and the high altitude of sea promotion.

The criteria for determining and adjusting the hourly minimum wage should be based on the monthly minimum wage standard, and the combination of the basic old-age premiums to be paid by the Integrated Unit, basic health insurance fees and non-time workers, such as the difference between work-life stability, labour conditions, labour intensity and well-being and full-time employment.

The monthly minimum wage standards and the measurement of the hourly minimum wage standard are implemented in accordance with the National Minimum Wage and the relevant provisions of the self-government area.

When the minimum wage standards are published, the relevant factors for determining the minimum wage are changing and the minimum wage standards should be adjusted as appropriate. Minimum wage standards are adjusted at least once every two years.

Article 8 Programme elements include the basis for the determination and adjustment of the minimum wage, the scope of application, criteria and clarification.

Local (commune) offices (people's Government) should choose, within 15 working days of the minimum wage set by the Government of the self-government, the minimum wage applicable to local practice, to be applied after the publication of the Human Resources and Social Security Administration of the self-government area.

Article 9. The user unit shall communicate the criterion to all workers of the unit within 10 days of the publication of the Minimum Wage Standards and implement the minimum wage in accordance with the law.

Article 10 Minimum wages exclude the following:

(i) Payment of non-monetary subsidies to workers by a person unit;

(ii) Extension of working hours or overtime pay;

(iii) Allowances paid under special working environments such as secondary, night classes, high temperature, low pressure, wells, toxic hazardous conditions;

(iv) The treatment of workers' benefits under laws, regulations and national unity.

In the form of payment, such as the payment of wages or the payment of wages, the wage paid by the worker shall be determined on a scientific basis and shall not be less than the corresponding minimum wage.

Article 11

The contract does not agree less than the amount of the minimum wage in the place (market) shall not pay the worker's wages for the purposes of implementing the minimum wage and shall not result in increased labour intensity or the extension of the labour time to reduce the wage treatment of the worker.

The Human Resources and Social Security Administration of the Self-Government Zone is responsible for monitoring the implementation of this provision. Specific fulfilment of the following responsibilities:

(i) Develop a programme for adjustments to the minimum wage for the whole area;

(ii) Approval, publication of minimum wage standards across (market);

(iii) Monitoring the implementation of the minimum wage system;

(iv) The establishment of a minimum wage information network platform to regulate the implementation of the minimum wage.

The human resources and social security administration in the local (markets), districts (markets, districts) are responsible for monitoring the implementation of the minimum wage standards by the user units in this administrative area.

Article 13. Trade unions at all levels monitor the implementation of the minimum wage system by the user's units by law, and found that the payment of wages to workers is less than the minimum wage, which may be taken into account by the Government's human resources and social security administration.

Article 14. The human resources and social security administration of the people at the district level should make public complaints, report telephones, promptly receive reports, complaints, investigate violations of this provision and preserve the legitimate rights and interests of workers.

Article 15. Violations of this provision by a person's unit, the worker has the right to report and complain to the human resources and social security administration of the people at the district level. The human resources and social security administration should be determined by law and informed of the results of the investigation by the reporting and the complainant.

Article 16

The human resources and social security administration and its staff at the district level may not disclose the commercial secrets of the user unit.

Article 17: In violation of article 9 of the present article, the human resources and the social security administration are responsible for changing their deadlines; in violation of article 11 of this provision, the human resources and the social security administration are responsible for paying the workers' wages at their time and for paying compensation in accordance with the provisions of the Labour Contracts Act of the People's Republic of China, the Labour Guarantees Regulations.

Article 18 may apply for arbitration by a worker or a person's unit in accordance with the law to the labour dispute arbitration body for disputes.

Article 19

Article 20 The provisional Minimum Wage for Business in the Tibetan Autonomous Region was repealed in August 2003.