Jiangxi Provincial Wage Payment Provisions

Original Language Title: 江西省工资支付规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
(May 9, 2007, Jiangxi provincial people's Government, the 59th Executive meeting by Jiangxi provincial people's Government on May 11, 2007, the 159th promulgated as of July 1, 2007) Chapter I General provisions article to regulate the payment of Wages Act, maintenance workers the right to remuneration, promotion of harmonious and stable labor relations, according to the People's Republic of China labour law and other relevant laws and regulations, combined with the facts of the province, these provisions are formulated.
    Article in the administrative area of the province enterprises, privately-run non-enterprise unit, individual economic organizations (hereinafter referred to as the employer) to form a working relationship to the employee to pay wages, the relevant departments of the employer's wage payment supervision and management, these provisions shall apply.
    State organs, institutions, social organizations to establish a labor contract with workers paid in accordance with this regulation.
    Article III salaries in these rules refers to the employer or stipulated in the labor contract according to state regulations, paid in cash directly to the Labor remuneration of laborers, including hourly, piece-rate wages, bonuses, allowances and subsidies, salary, extended working hours wage and other special cases, such as payment of wages.
    Fourth provincial people's Government according to the actual situation of the province, and regularly publishes minimum wage and wage guidelines.
    Article fifth distribution of wages shall follow the principle of distribution according to work, equal pay for equal work; payment of wages shall follow the principle of good faith, on time and in full.
    The sixth labor and social security administration departments at or above the county level shall be responsible for the supervision and administration of wages paid by the employing unit within the administrative area; construction, industry and commerce administration, police and tax authorities, within the scope of their respective duties to assist the administrative departments of labor security supervision and administration of wages paid by the employing unit.
    Trade unions at all levels to employer wage payment supervision, safeguard workers the right to remuneration.
    Seventh General provisions chapter II pay an employer shall, in accordance with the wage distribution of macro-control policies, combined with wage guidelines, labor market price, industry information and the unit labor cost benefit by way of consultation on an equal footing, rationally determine the wage levels of the workers.
    Employers should be based on the economic growth, establish a normal salary increase mechanism, increase workers ' wages.
    Article eighth piecework, employers identify, adjust production quota or piece rate should follow scientific principles determining, adjusting the quota should be based on the unit in the same position more than 70% workers to finish as a standard in the legal working hours.
    Employers may not to perform the piece as grounds for refusing compliance with minimum wage, piece rate in disguised form should not be used to increase the quota or decrease lower wages.
    Nineth the employing unit shall, in accordance with these provisions, with the Assembly of staff and workers ' Congress or other forms of wage payment system within the consultation and publicity in this unit.
    Workers have the right to employer enquiries about the content of the wage payment system.
    Article tenth of wages payment system shall include the following particulars: (a) the payment of wages in the form of standards, projects, and (ii) pay period and date; (c) the extension of working hours and salary payments in special circumstances and (iv) the withholding of wages, payment and deduction items (v) other matters relating to payment of wages. 11th labor contracts entered into by the employer and the employee, should be expressly agreed upon the payment of wages in the form of, standard, main content, period, date, and so on.
    Paid content shall not violate the wage payment system, in which wage may not be lower than the local minimum wage standards issued by the provincial people's Government; the employer in accordance with law and Trade Union or the employees ' representatives signed a collective agreement on wages, wages or wages shall not be less than the minimum standard provided in the collective agreement.
    12th laborer in the statutory working hours or working hours stipulated in the labor contract provides the normal work, the wage the employer shall, in accordance with the labor contract to pay wages.
    13th the employer shall pay the workers wages at least once a month.
    Employers determine wage payment period shall conform to the following provisions: (a) of the implementation of months, weeks, days, hours, wages, wages must be paid should be in accordance with the agreed period.
    (B) the implementation of yearly salary or wages must be paid in accordance with the review period should be an advance of the monthly wage, and settled upon the expiry or review period and pay at the end.
    (C) implementation of piece rate wage calculation or upon completion of a certain task, pay cycle can be agreed upon in the piece or task completion status, but the payment cycle for more than a month, an advance of the monthly wage; billing cycle for more than a year, should be settled and has paid at least once every six months.
    Wages paid in advance by the employer part of the provisions of the preceding paragraph shall not be less than the local minimum wage.
    14th the employer shall pay the worker the salary prescribed date; no agreed wage payment date and date of the payment of wages in accordance with employer.
    Date of paid statutory holidays or rest days should be ahead of the previous business day to pay.
    15th an employer shall be paid monetary wages shall not be paid in kind, securities and other non-monetary. Wages should be paid directly to the worker of the employer.
    When the worker is unable to receive wages, commissions the agent.
    The employer entrusts the Bank payroll, should wages wage payment dates agreed deposit the full amount of the worker's account.
    16th the employer shall, commencing on the date of the establishment of an employment relationship with a worker wage; otherwise agreed by the parties, their agreement shall prevail.
    Employer and the employee or terminate the labour contract is terminated in accordance with law, wage calculation and to the date of termination or dissolution of labor contract, and from the end or within 5 working days from the date of termination of the contract settlement at once and pay; otherwise agreed by the parties, their agreement shall prevail. 17th the employer pay wages should be based on the pay cycle pay table.
    Salary payment form shall contain the name, paid time, object name, hours of work, should go to pay and deduction items and amounts, laborer (leading people) matters such as signatures or Bank to pay vouchers, and at least two years for reference. Employers pay wages, shall provide the worker with their payroll. Payroll project and the amount should correspond with the pay table.
    Workers have the right to query and check my payroll. Third chapter wage paid special provides 18th article employing units law arrangements workers in statutory work time yiwai work of, should according to following standard to workers paid overtime wage: (a) in days extended work time of, according to not below labor who I hours wage of 150% paid; (ii) in rest day work, and cannot in a wage paid cycle within arrangements compensatory of, according to not below labor who I day or hours wage of 200% paid; (three) in statutory vacation day work of
    According to wages not lower than workers personal days or hours 300% paid.
    Statutory working hours, working time and work longer hours without restrictions, in accordance with the People's Republic of China implementation of the relevant provisions of the labour code.
    Article 19th piecework, after workers finished piece fixed tasks, unit of work beyond the statutory tasks assigned to it should be based on the provisions of the preceding article, respectively, in accordance with the piece rate of no less than their legal working hours 150%, 200%, 300%, payment of overtime wages. 20th integrated work approved by the administrative departments of labor security work, workers combined work hours in excess of the statutory working hours section, regarded as extension of working hours, the employer shall, in accordance with provisions of paragraph one of this article 18th first paying overtime wages.
    Arrange holidays for its workers, the employer shall, in accordance with provisions of paragraph one of this article 18th third overtime wages.
    Introduction of shift work, on statutory holidays, shifts of the workers, the employer shall, in accordance with provisions of paragraph one of this article 18th third overtime wages.
    Implement flexible work system, the employer may not implement the provisions of paragraph one of this article 18th. Article 21st caused by labor stoppages, production, business, not more than one pay period, the employer shall, in accordance with the labor contract of wages payment of wages.
    More than one pay period, the employer arrange jobs for its workers, according to a new agreement of wages payment of wages, but shall not be less than the local minimum wage did not schedule a worker to work, in accordance with the relevant provisions of the State.
    22nd an employer bankruptcy, termination or dissolution, liquidation of property shall, in accordance with the legal liquidation procedures, first pay the salaries owed to workers.
    23rd article workers in statutory work time within participate in following social activities, employing units should depending on with its provides normal labor and paid wage: (a) law exercise vote or to be elected; (ii) NPC representative, and CPPCC members law perform duties; (three) elected representative attended Government, and party and unions, and League, and FMC, organization held of Conference; (four) as jury participate in trial activities or as witnesses participate in litigation, and arbitration activities; (five) attended model workers, and advanced workers Assembly;
    (Vi) grass-roots members of trade unions does not release trade union activities according to law; (VII) as the collective bargaining representative, participate in collective bargaining, collective bargaining and (VIII) participate in other social activities according to law.
    24th worker to enjoy annual leave, family leave, funeral leave, period, the employer shall, in accordance with the standards of wages payment of wages. Workers shall enjoy maternity, or family planning vacation pay in accordance with the relevant provisions of the State and the province.
    Employee during the leave period, the employer may not pay, but no deductions leave other than salary.
    25th employee for a work-related injury or occupational disease need to suspend access to health care, medical period wages in accordance with the national and provincial regulations. Worker due to illness or non-work-related injury to stop work during the period of medical, the employer shall, in accordance with labor contracts and collective contracts pay for injury pay.
    Employer paid to the worker injury pay, after deduction of their interests shall be paid pursuant to the provisions of the social security charges and other costs, shall not be less than the local minimum wage 80%.
    26th according to law was infectious disease control measures and isolation of suspected patients or their close contacts, during the quarantine period, the employer shall be treated as a worker, the normal work and the payment of wages.
    27th employee on suspicion of crimes by judicial organs according to law during the restriction of personal freedom, does not provide labor, the employer could not pay.
    The laborer is sentenced to imprisonment or criminal detention for imprisonment of probation, probation, or parole and prison, bail during the labor contract is not lifted and to provide normal work, does not transform the workplace, the employer shall, in accordance with the labor contract agreed to pay wages; changing jobs, according to a new agreement of wages payment of wages, but shall not be less than the local minimum wage. 28th economic losses caused by the worker the employer, shall bear the liability of, the employer could be deducted from their salary compensation, but the cause and amount of deduction shall be notified in writing in advance; was not advised in writing shall not be deducted.
    Employer monthly deductions shall not exceed 20% of the workers ' wages, payroll balance after deduction shall not be less than the local minimum wage.
    29th the employer due to reasons of force majeure, delays payment of employee wages should be paid within 5 working days after the force majeure eliminated workers ' wages.
    Due to difficulties in production and management of the employer, wages must be paid as scheduled, this unit with the Trade Union or Trade Union Congress (TUC) consensus, can delay the payment of wages, but shall not exceed 30th.
    30th the employer can withhold from workers ' wages to pay the following fees: (a) the worker shall pay individual income tax; (ii) the worker shall pay social insurance and housing Provident Fund; (c) the Court judgment or ruling made in the burden of alimony, alimony; (d) agreed or legally can withhold payment of other costs.
    Fourth 31st administrative departments of labor security supervision and management should establish and improve the supervision and inspection system for employer payment of Wages Act, standard supervision and inspection procedures to monitor the employer payment of wages in accordance with law, to deal with the violations.
    Employer to check against, shall truthfully report the situation, providing information and evidence, and may not refuse or obstruct.
    Article 32nd administrative departments of labor security shall establish a sound employer payroll information management system and employer payroll credit system, payment of employer wage effective monitoring.
    Administrative departments of labor security docked, their wages in arrears for more than 2 months without cause or totaled more than 3 months, and wages must be paid less than the local minimum wage violations, such as serious employer shall be announced to the public on a regular basis, and as a key monitoring; construction, industrial and commercial administration of employer violations, taxation and other departments concerned shall be credited to their credit file, credit rating, as an important reference.
    33rd a labour and social security administrative departments should establish and improve the reporting system, telephone, mail or e-mail addresses published, accepted payment of wages in a timely manner the reports of violations, and the informer confidential.
    34th article any units and personal found employing units has following case one of of, right to to labor guarantees administrative sector reported: (a) not according to agreed paid wage of; (ii) paid wage below local minimum wage standard of; (three) deduction or for no reason arrears wage of; (four) refused to paid or not by provides paid overtime wage of; (five) arrears wage and has may transfer property or its head has may escape of; (six) violation wage paid provides of other case.
    Labour and social security administrative departments upon receipt of the report, should decide whether to file, within 5 working days, and inform the informers; after filing should be processed in a timely manner, and closed within 60 working days from the day of filing, and will inform the informers; complex extension, approved by the administrative departments of labor security, can be extended by 30 days.
    35th administrative departments of labor security in the investigation the employer deducted or in cases such as wage labourers for no reason, the employer may transfer property or the person in charge may go into hiding, according to the provisions of the regulation on labor security supervision in Jiangxi province to attach his property is equal to the value.
    Article 36th trade unions at all levels when monitoring implementation in the employer paid, employer of the situations listed in the article 34th, and the right to correct it; the employer refuses, trade unions may address recommendations to the administrative departments of labor security; labor and social security administration departments receive the proposals of trade unions shall be dealt with according to law.
    37th establish wage payment system. On construction enterprises and as a paid key employer wage payment system of the monitor object. Pay deposit special account for implementation of storage, earmarks, used to protect the employers pay workers ' wages.
    Specific measures for the administrative departments of labor security in conjunction with the provincial Finance Department and other departments concerned, submitted to the provincial people's Government for approval before implementation.
    Article 38th workers ' pay dispute with employers over wages, in accordance with the relevant provisions of national and labour disputes in the province.
    Fifth chapter legal liability 39th wage payment system established by the employer in violation of the law, rules and regulations, the administrative departments of labor security in a warning, and rectification; damages are caused to the worker shall bear liability.
    40th an employer of any of the following acts, the administrative departments of labor security rectification; fails to mend and fined 2000 Yuan and 20,000 yuan fine: (a) is not paid in money wages of the workers; (b) the employee is terminated or terminates the labor contract, not one-off settlement pay and pay in accordance with regulations.
    41st employing unit fails to set up, save, pay tables or did not provide the worker with payroll, the administrative departments of labor security rectification; fails to mend, a fine of 200 Yuan more than 1000 Yuan fine.
    42nd article employing units has following behavior one of of, by labor guarantees administrative sector ordered its deadline to workers paid by owes wage; late not paid of, ordered employing units according to by owes wage amounts 50% above 1 time times following of standard to workers added pay compensation Gold: (a) deduction or for no reason arrears wage of; (ii) refused to paid or not by provides paid overtime wage of; (three) below local minimum wage standard paid wage of. 43rd article employing units has following behavior one of of, by labor guarantees administrative sector ordered corrected, and at 2000 Yuan above 20,000 yuan following of fine; constitute violation security management behavior of, by police organ law give security management punishment; constitute crime of, law held criminal: (a) refused to, and block labor guarantees administrative sector law for wage paid supervision check of; (ii) refused to to labor guarantees administrative sector provides wage paid related information, and proved of; (three) hide facts truth,
    Issues false or conceal, destroy wage related information, proof of payment. 44th workers or employers on labor and social security administration departments to make a decision of administrative handling or refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    Employer late does not apply for administrative reconsideration or administrative proceedings, nor performs the decision or the decision, by the administrative departments of labor security in accordance with the people's Court for compulsory execution.
    Article 45th labor and social security administration departments, as well as other reports on conditions of administrative staff to meet inadmissible or find wage payment offences is not investigated, as well as other acts of dereliction of duty, abuse of power, favoritism, the persons in charge and other direct liable persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
                                                      Sixth chapter supplementary articles article 46th these provisions come into force on July 1, 2007.