Shanxi Provincial Minimum Wage Provisions

Original Language Title: 山西省最低工资规定

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(On January 8, 2008 Shanxi Province Government 118th times Executive Conference considered through on February 29, 2008 Shanxi Province Government makes No. 218, announced since announced of day up purposes) first chapter General first article for adapted socialist market development of need, guarantees workers and family members of basic life, promote workers quality of improve and enterprise fair competition, according to People's Republic of China labor law 48th article of provides, combined this province reality, developed this provides.
    Provisions of this article applicable to the province, within the administrative area of the enterprise, individual economic organizations and formed labour relations of workers.
    State organs, institutions, social organizations and established the labor contract with workers, in accordance with this regulation.
    And apply mutatis mutandis to the implementation of the civil service system of the civil service staff of the institutions and social organizations, as well as the rural workers (except for the employees of township enterprises), active duty military personnel and the family nanny, these rules do not apply.
    Enterprises in these rules, individual economic organizations, government agencies, institutions, public organizations collectively with employers.
    Enterprises in these rules includes domestic enterprises, Macao and Taiwan funded enterprises, foreign-funded enterprises.
    Individual economic organizations in these rules refers to the General employment of less than seven individual businesses.
    The provisions of article III of the said minimum wage, refers to the statutory working hours under the condition of normal work, the employer shall pay the minimum payment.
    Legal working hours in these rules refers to working hours in accordance with relevant laws and regulations of the State system, that is, annual average 20.92 days, months working 167.4 hours, daily working time is 8 hours.
    Normal work in these rules, refers in accordance with the contractual agreement, statutory working hours work.
    Minimum wage in these rules refers to the minimum amount of time.
    Fourth provincial labor and social security administration departments unified management of the implementation of a minimum wage system.
    Second chapter minimum wage standard of determine and released fifth article minimum wage standard including by national statistics sector provides should included payroll statistics of wage, and bonus, and allowance, and subsidies, the income, not including following the income: (a) in the night allowance, high temperature, and low temperature, and well Xia, and toxic harmful, and Lane, special allowance; (ii) overtime wage; (three) legal, and regulations and national provides of welfare treatment,.
    The sixth establishment and adjustment of the minimum wage should be a comprehensive reference to the following factors: social average wage levels, the lowest population of labourers themselves and the average maintenance cost of living, urban residents ' consumption levels, productivity, employment status, between levels of economic development, social security and welfare reform, such as effects on the lives of workers, counties (cities and districts) for the classification determined.
    Minimum wage standard monthly wage system, statutory working hours system can also be converted to days or hours wages.
    The minimum wage according to different forms of employment in determining full-time work minimum wage at the same time, according to flexible forms of employment, flexible employment, such as part-time employment, provided the appropriate minimum wage standards.
    Seventh minimum wage standard by the administrative departments of labor security in conjunction with the provincial economic and Trade Commission, the provincial Federation of trade unions proposed, and in consultation with provincial finance, civil affairs, departments of statistics and provincial federations, entrepreneurs ' associations, after approval of the provincial executive.
    After the eighth approved by the provincial minimum wage, in the Shanxi journal and the economic daily reported.
    After Nineth minimum wage standards promulgated and implemented, significant changes in the factors that determine minimum wages should be adjusted, but maximum adjustment once a year. Chapter III minimum wage paid tenth of the wages must be paid monthly to workers in monetary form.
    The employer must determine the monthly wage payment dates and release to the laborers and labor and social security administration departments at the same level.
    11th employer applicable to the wages paid to workers shall not be less than the local minimum wage.
    Workers ' overtime pay, shall be in accordance with the People's Republic of China labor laws regarding overtime wages payment conversion; day, hour, legal working hours can be converted implementation of piece rate, Commission, lump sum paid in the form of wages the employer also has to be properly converted, their corresponding converted unit shall not be lower than the amount of time for a minimum wage.
    12th laborer provides holiday leave, sabbatical leave, family leave, funeral leave, annual leave and maternity leave, family planning during the holidays, as well as participate in social activities according to law, are considered to provide normal work.
    13th laborer because of my violation, violation, negligence, failure to provide normal work of statutory working hours, the employer should provide workers with the actual labor to pay wages. Fourth chapter, supervision and inspection of the 14th article of the minimum wage the minimum wage on the implementation by the administrative departments of labor security supervision and inspection.
    Minimum wage standard supervision and inspection of the range divided by the provincial labor and social security administration departments.
    Right of trade unions to monitor the implementation of the minimum wage, the employer pay wages lower than the minimum wage of the worker has the right to demand corrections and drew attention to the administrative departments of labor security.
    15th employee the employer in violation of the provisions of the Act the right to report, complaints, labor and social security administration departments at all levels shall, in accordance with administrative rights according to law.
    16th worker and employer wage disputes, according to the People's Republic of China labour dispute Ordinance Shanxi province Enterprise labor dispute and the measures for the implementation of the relevant provisions of resolution.
    Fifth chapter penalty is 17th article employing units violation this provides about terms of, by labor guarantees administrative sector ordered its deadline corrected, late not corrected of, on responsibility people sentenced 500 Yuan above 1000 Yuan following of fine; on employing units by its by owes workers wage of difference (Department refers to by sent wage not reached minimum wage standard part, with) of 1 to 3 times times fine.
    18th employer to the employee's wages below the local minimum wage, be ordered by the administrative departments of labor security complements substandard parts, while economic compensation paid less than some 25% serious, administrative departments of labor security may be ordered to pay equivalent to worker pay pay, economic compensation the sum of 1 to 5 times to pay workers compensation.
    Sixth chapter supplementary articles article 19th of this provision by the provincial labor and social security administration is responsible for the interpretation.
                                                                                                                              The 20th article of the regulations come into force on September 1, 2002.