Tibet Autonomous Region, Minimum Wage

Original Language Title: 西藏自治区最低工资规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369187.shtml

Tibet Autonomous Region, minimum wage

    (December 29, 2011 people's Government of Tibet Autonomous Region, the 21st Executive meeting on December 30, 2011 108th Tibet Autonomous Region people's Government promulgated as of February 1, 2012) first in order to optimize the allocation of labor resources, maintenance workers the right to remuneration, ensure the basic livelihood of workers and members of their families, in accordance with the People's Republic of China labor law and related laws and regulations, combined with State practice, these provisions are formulated.

Provisions of this article apply to autonomous region within the administrative area of all types of enterprises, employees of individual businesses and private non-enterprise units (hereinafter employer) and formed labour relations of workers.

    Organs, institutions, social organizations and the establishment of an employment relationship worker, in accordance with this regulation.

Article autonomous region to implement a minimum wage system, the law setting the minimum wage standards.

    Employers and workers in the labor contract signed between the appointment on the salaries and wages paid to workers of the employer shall not be less than the local minimum wage.

Mentioned in the fourth article of the provisions of the minimum wage, refers to the statutory working time according to the stipulated in the labor contract signed between normal work of working hours, the employer shall pay the lowest wages. Normal work in these rules refers to workers working in the labor contract or statutory working hours work.

    Workers in the State and the autonomous communities provided for paid annual leave, family leave, funeral leave, maternity (births) leave, birth leave and other statutory holiday leave and working hours to participate in social activities according to law, as providing normal labor. Fifth general minimum wages monthly minimum wage and minimum wage standards.

    Monthly minimum wage applicable to full-time workers in employment, minimum wage standard for workers in part-time employment.

Sixth section determining and adjusting the minimum monthly wage, and should refer to local employment and the maintenance of the population of the minimum cost of living, the urban consumer price index, the individual contributions to social insurance and Housing Fund, the average wage of employees, level of economic development, employment, the environment, climate, altitude and other factors.

Determining and adjusting the minimum wage standards, should be based on minimum monthly wage as a benchmark, integrated units shall pay the basic old-age insurance, basic medical insurance, and part-time workers on the job stability, working conditions, labor, and welfare aspects and differences in full-time employment, and other factors.

    Minimum monthly wage calculation to the minimum wage and hour standards, according to the national minimum wage regulations and the relevant provisions of the State. Article seventh standard after the introduction of the minimum wage, determining factors related to changes in the minimum wage, should adjust minimum wages.

    Adjusted at least once every two years in the minimum wage. Article eighth State minimum wage determination and adjustment programmes formulated by the Administrative Department of human resources and social security of the autonomous region of SASAC, trade unions, federations, associations of entrepreneurs and other units developed, approved by the autonomous regional people's Government promulgated, and human resource and Social Security Department under the State Council for the record.

   Programme includes a minimum wage determination and adjustment of, scope, establish standards and instructions.

    (City) area (the Government) should be published in the autonomous regional people's Government implemented within 15 working days of the minimum wage, select suitable to the actual minimum wage submitted to examination by the Administrative Department of human resources and social security of the autonomous region after the publication of the implementation.      

    Nineth employing unit shall, within the minimum wage after the 10th will be the standard to place Labor publication, the law minimum wage standards.

Article tenth of the minimum wage does not include the following:

(A) non-monetary subsidies paid to workers of the employer;

(B) the extension of working hours or overtime wages;

(C) shift, night shift, high temperature, low temperature, low pressure, well, special work environment, such as toxic and harmful conditions receive the allowance;

(D) the provisions of laws and regulations and unified workers ' benefits.

    Implement piece-rate or deduct wages paid forms of employer, we should rationally determine the labor quota, paying workers ' wages not lower than the minimum wage.

11th the employer must be in accordance with the provisions of the State and the autonomous communities or work

    Location of the contract is not less than (a) payment of the minimum wage worker pay, shall not be reduced by the application of the minimum wage worker salaries shall not be extended to increase the intensity or working hours reduced workers ' wages in a disguised form, wage labourers shall not be withheld or unreasonably. 12th State of human resources and social security administrative departments responsible for supervising the implementation of the provisions of the inspection.

Performs the following functions: (a) developing a region-wide minimum wage adjustment programmes, (ii) audit, released around (City) minimum wages; (c) the implementation of a minimum wage system of supervision and inspection;

(D) establishing minimum wage information network platform, dynamic monitoring of the implementation of the minimum wage.     

    (Cities) and counties (cities, districts) of human resources and social security administrative departments are responsible for the administration of employer compliance with minimum wage standards in conducting supervision and inspection.

    13th levels of trade unions according to law the employer monitor the system in the implementation of the minimum wage, the employer pay wages below the minimum wage of the worker, can draw the people's Governments above the county level administration of human resources and Social Security Department.

    14th people's Governments above the county level human resources and social security administrative departments should publicize complaints, telephone hotlines, receive reports, complaints, investigate and deal with acts in violation of these regulations, maintaining the lawful rights and interests of workers. 15th the employer in violation of the provisions of the Act, workers have the right to report to the Administrative Department of human resources and social security, the people's Governments above the county level and complaints.

    Human resources and social security administration to investigate and punish, and to inform the investigation results of the reports, complaints.

16th people's Governments above the county level human resources and social security administrative departments check the employer compliance with the minimum wage guarantee system when, the employer shall provide relevant information on payment of workers ' wages.

    The people's Government above the county level of human resources and social security administrative departments and their staff shall not disclose the trade secrets of the employer.

    17th the employer in violation of the provisions of article Nineth, from human resources and social security administrative departments be ordered to rectify; violation of the provisions of article 11th, be ordered by the Administrative Department of human resources and social security within a retroactive salaries owed to workers, and in accordance with the People's Republic of China labour contract law, such as the regulation on labor security supervision laws and regulations provides for the payment of workers ' compensation.

    18th by the implementation of the minimum wage dispute, the worker or the employer may apply to the labor dispute arbitration institution of arbitration.

    19th the people's Governments above the county level shall human resources and social security administration neglects his duty, favoritism, abuse of power, shall be given administrative sanctions; a suspected crime, transferred to judicial organs for handling. 20th article of the regulations come into force on February 1, 2012. August 2003 published by the people's Government of the Tibet Autonomous Region, Tibet Autonomous Region, minimum wage regulations repealed simultaneously.