Key Benefits:
(Adopted by the 59th Standing Committee of the People's Government of Southern West Province on 9 May 2007 No. 159 of the People's Government Order No. 159 of 11 May 2007 (Act of 1 July 2007) Chapter I General Article 1 establishes this provision in conjunction with the Constitution of the People's Republic of China and other relevant laws, regulations and regulations, in order to regulate wage payments, uphold the right of workers to receive labour compensation in accordance with the law and promote harmony in labour relations. Article 2 The State organs, the cause unit and social groups pay wages to workers associated with the establishment of labour contracts in accordance with this provision. Article 3 pays the salaries referred to in this article refer to payments made directly to workers in monetary form, in accordance with the relevant provisions of the State or the agreement of the labour contract, including the payment of wages paid in the form of pay, the pay, the award, the allowance and subsidies, annual salary, the salary of the extended working hours and the payment of wages in other exceptional circumstances. Article IV. The Government of the province regularly publishes the minimum wage standards and the wage guidance line in accordance with the reality of the province. Article 5. The distribution of wages should be guided by the principle of labour distribution, with equal pay for work of equal value, and wages should be paid in full in accordance with the principle of good credit. Article 6 Trade union organizations at all levels monitor the payment of wages by the user's unit and uphold the right of workers to receive labour compensation in accordance with the law. Chapter II General provisions on wage payments Article 7. The unit of the person shall determine the wage level of the worker in a manner of equal consultation, in accordance with the national wage-sharing macro-controlled policy, in the light of the wage guidance line, the labour market price, the industrial cost information and the economic benefits of the unit. The user unit should build a normal wage growth mechanism based on the economic benefits of the unit and gradually increase the wages of workers. Article 8 imposes a wage system whereby a person's unit determines, adjusts the level of labour or fixes shall be subject to the principle of scientific reasonableness; and determines, adjusts the labour threshold shall be met by more than 7 per cent of the worker in the same unit within the statutory period of work. The user unit shall not deny the implementation of the minimum wage on the basis of the payment of the salary, nor shall it use the amount of labour to increase or reduce the level of wages in the form of a single price. Article 9. The user unit shall, in accordance with this provision, establish an internal wage payment system through consultation with the General Assembly of Employers, the Employer's Congress or other forms, as well as in this unit. Workers have the right to consult the user units on the contents of the wage payment system. Article 10. The wage payment system shall include: (i) The form, project, criteria; (ii) The cycle and date of payment of wages; (iii) Extension of working hours and wage payments in special cases; (iv) Deduction, generation and deduction of wages; (v) Other matters relating to salary payments. Article 11. Labour contracts concluded between the user unit and the worker should clearly agree on the form, criteria, cycles and dates of payment. The payment of wages shall not be in violation of the pay payment system of this unit, which shall not be subject to the local minimum wage set by the Government of the province; the wage collective agreement shall be signed by a person's unit in accordance with the law with the trade union or the employee's representatives, and the salary standards shall not be lower than the minimum standards set out in the collective agreement. Article 12. The worker shall provide the normal labour within the time of the work of the statutory working hours or the labour contract agreement, and the person's unit shall pay the wages in accordance with the wage standards agreed in the labour contract. Article 13 User units should pay at least once a month for workers. The wage payment cycle shall be determined by the user unit in accordance with the following provisions: (i) The monthly, weeks, days and hourly wage system should be paid in accordance with the cycle agreed by the parties. (ii) The introduction of annual salary or payment of wages in accordance with the examination cycle shall be paid at a monthly rate of partial pay, which shall be settled and paid at the end of the year or at the end of the examination cycle. (iii) The wage payment cycle may be agreed upon in accordance with the payment schedule or the performance of the tasks, but the payment cycle exceeds one month and shall be paid part of the salary at a monthly rate; the settlement cycle exceeds one year and shall be paid at least once and for a half year. The portion of the salary paid by the agent's units in the previous paragraph shall not be less than the local minimum wage. Article 14. The payment date shall be paid in advance of the statutory holiday or rest day. Article 15 shall pay wages in monetary form and shall not be paid in non-monetary form, such as physical, price and securities. The user unit should pay the wages directly to the worker. The workers themselves may be entrusted to others when they are unable to pay. The user unit entrusted the bank with the payment of the salary, which should be fully deposited into the worker's own account at the agreed pay date. Article 16 shall pay workers' wages on the date of labour relations with workers; the parties agree otherwise. The owner's unit and the worker terminated or dismissed the labour contract by law, payed to the date of termination or dismissal of the labour contract and settled and paid a lump sum within five working days from the date of termination or dismissal of the labour contract; and the parties agreed otherwise. The payment of wages by a person's unit shall be based on the wage payment schedule. The salary payment schedule shall contain the name of the payment unit, the time paid, the name of the paying, the working hours, the items and amounts to be paid and the deduction, and the matter of the worker's signature (the owner) or of the bank's award of the salary, and at least two years' clearance. When paying wages by the user unit, the worker should be provided with his own salary list. The salary list project and the amount should be aligned with the wage payment schedule. Workers have the right to access and check their salary lists. Chapter III Article 18 (i) The extension of working hours on the day of work, to be paid at 100 per cent of the hourly wage of the worker; (ii) Work on the rest day and cannot be rescheduled within a wage payment cycle, which is paid in accordance with a non-performance of the worker's daily or hourly salary; (iii) Work on a statutory holiday payment of three hundred per cent of wages that are not less than the worker herself or the hour. The statutory working hours, the extension of working hours and the extension of working hours are not restricted and are implemented in accordance with the relevant provisions of the People's Republic of China Labour Code. Article 19 imposes a wage system whereby the worker organizes its work outside the statutory working hours after the completion of the assigned amount, according to the previous article, paying overtime wages by 100 per cent, 2 per cent, and 3 per cent, respectively, in accordance with the preceding article. Article 20, which is approved by the Labour Guarantees Administration for the introduction of an integrated calculation of work hours, is considered to be extended by the worker's unit to pay overtime wages in accordance with article 18, paragraph 1, paragraph 1. The work of the worker on the statutory leave date shall be arranged by the user unit to pay overtime wages in accordance with article 18, paragraph 1, paragraph 3, of this provision. In the event of a break-breaking system, workers were killed on statutory leave days and the unit should pay overtime wages in accordance with article 18, paragraph 1, paragraph 3, of the present article. Inadequate work, a user unit could not implement the provisions of article 18, paragraph 1. Article 21 does not cause suspension, suspension of work and the currency industry for workers, with no more than one wage payment cycle, and the user unit shall pay the salary in accordance with the wage standard agreed upon in the labour contract. More than a wage payment cycle, the work of the worker is arranged by the unit of the person to pay the wages in accordance with the new agreed salary standards of both parties, but not less than the local minimum wage; the work of the worker is not scheduled to be carried out in accordance with the relevant provisions of the State. Article 2, in insolvency, termination or dissolution of a person's unit, shall give priority to pay the paid worker's wages in accordance with the statutory liquidation procedure. Article 23. The worker shall participate in the following social activities within the statutory period of work, and the person's unit shall be treated as providing the normal work and paying the wages: (i) The exercise of the right to vote or to be elected by law; (ii) The President of the Human Rights Council and the members of the Government shall discharge their duties under the law; (iii) Representatives elected to attend meetings organized by Governments, parties and trade unions, WCW and others; (iv) Participation in judicial proceedings or as witnesses, arbitration; (v) Participation in the labour model and the advanced workforce congresses; (vi) Participation in trade union activities in accordance with the law by members of the grass-roots commissions of the non-moval trade union; (vii) Participation in collective consultations and the signing of collective contracts during the term of collective consultations; (viii) Other social activities to be attended by law. Article 24 workers shall pay their wages in accordance with their salary standards during the period under which they are granted annual leave, family leave, marriage leave. The wage treatment is carried out in accordance with the relevant provisions of the State and the province during the period of maternity or family planning leave under the law. Workers may not pay wages during the holiday period, but they shall not deduct wages for other periods outside the leave. Article 25 Workers are subject to suspension of medical treatment for work injury or occupational illnesses, which is carried out in accordance with the relevant provisions of the State and the province. During the medical period, workers shall pay sick leave in accordance with labour contracts, collective contracts. A person's unit pays the worker's sick leave and shall not be less than eight per cent of the local minimum wage after deducting the social insurance and other expenses that it should pay in accordance with the provisions. Article 26 appears to be a suspect that is segregated by the law by the use of communicable diseases, or by the close contact person, during which the person's unit should be treated as providing regular work with the worker and paying wages. Article 27 provides that workers may not pay wages when they are alleged to have committed offences under the law of the judiciary to restrict their liberty. Labour contracts are not removed and provided with regular work without change, and the user units shall pay their wages in accordance with the agreement of the labour contract, the probationary service shall be paid in accordance with the labour contract, the probationary service shall be paid in accordance with the standard of wages agreed upon by the parties. Article 28, which causes the economic loss of a person's unit because of the worker's own cause, should be liable under the law, and the person's unit could deduct the award from its wages, should be informed in advance of the reasons and amount of the deduction; and the non-relevant notification in writing. The monthly deduction of a person's unit shall not exceed 20 per cent of the worker's monthly salary, and the subsequent wage balance shall not be lower than the local minimum wage. Article 29 causes force majeure, resulting in the extension of wages for workers, which should be paid within five working days after the elimination of force majeure. The user unit is unable to pay the salary due to the difficulty of producing the operation and, after consensus with this unit's trade union or the Employer's representative General Assembly (Feral Assembly), the payment of wages may be extended for a maximum of 30 days. Article 30 allows a user unit to pay the following fees from the worker's salary: (i) Individual income tax payable by workers; (ii) Social insurance and housing benefits to be paid by workers; (iii) The judgement of the People's Court of Justice, the maintenance and maintenance of the burden of the worker; (iv) The parties agree or may, by law, deduct other expenses. Chapter IV Oversight management Article 31 should establish a monitoring system for the payment of wages by the user unit, regulate the inspection process, monitor the payment of the royalties by the user's unit and deal with the offence in accordance with the law. When checking, the user unit should provide the relevant information and proof that it must not be denied or obstructed. Article 32, the Labour Security Administration should establish an information management system for the payment of wages by a user unit and a pay credit system for a person's unit, and effectively monitor the payment of the royalties. The Labour Guarantees Administration has serious user units for offences such as chewings, unpaid salary arrears for more than two months or cumulatively for more than three months, as well as those that are less than the local minimum wage standard paying wages, should be made regularly available to the society and be the subject of a focus inspection; the construction, business administration, tax authorities, etc., should bring offences committed by persons units into their credit files as an important reference to the level of credit. Article 33 should establish a robust reporting system, publish a telephone, box or e-mail address, promptly receive reports of wage payments and confidential the reporting person. Any unit or individual found one of the following cases to the labour security administration: (i) No payment of wages as agreed; (ii) pay less than the local minimum wage; (iii) Certified or unpaid in arrears; (iv) To deny payment or to pay overtime wages as prescribed; (v) The payment of wages and the possibility of the transfer of property or the possibility of evading the owner; (vi) Other circumstances that violate the payment of wages. After having received reports from the Labour Guarantee Administration, decisions should be taken within five working days and the reporting person should be informed; the case should be dealt with in a timely manner and be closed within 60 working days from the date of the submission, while the process will be communicated to the reporting person; the complexity of the situation requires an extension, with the approval of the head of the labour security administration, 30 working days. Article XV of the Labour Guarantees Administration, in the investigation of cases such as chewings or unpaid workers' wages, found that the owner's unit was likely to transfer property or that its head was likely to escape anonym, could seize its value in accordance with the provisions of the Labour Safety Monitoring Regulations in the Province of the province. In exercising oversight of the payment of the royalties to the user's unit, the trade union organizations at all levels found that the unit had the conditions set out in article 34 of the present provision and had the right to require its transformation; the refusal of the owner's unit to change, the trade union could make recommendations to the labour security administration; the labour security administration should be treated in accordance with the law following the recommendations of the trade union. Article 37 establishes a wage payment system. The wage payment system was introduced for construction enterprises and the user units that were the target of paying the salary. The payment of the pay bond is subject to exclusive stock and is earmarked for the purpose of guaranteeing the payment of the salary paid by the worker of that unit. The specific approach was developed by the provincial Labour Security Administration with the relevant departments, such as the provincial fiscal sector, and was followed by the approval of the Government. Article 338. The worker and the agent's unit are subject to the relevant provisions of the labour disputes in the State and the province. Chapter V Legal responsibility The wage payment system developed by the user unit violates the provisions of the law, regulations, regulations and regulations, which are warned by the labour security administration and are responsible for the change of the deadline; and liability should be borne in the event of damage to the worker. Article 40 consists of one of the following acts, which are being restructured by the Labour Guarantees Executive Order, which is not reformulated and is fined by more than 20,000 dollars in 2000: (i) No payment of wages for workers in monetary terms; (ii) The termination or dismissal of the labour contract with the worker shall not be paid in accordance with a lump sum payment. Article 40 does not provide for the preparation, maintenance of the salary payment schedule or the payment of wages to the worker himself, which is modified by the labour security administration's time limit, and the imposition of a fine of up to €200 million has been delayed. Article 42 consists of one of the following acts, paid by the Labour Guarantee Executive to the worker for a period of time, and paid by the responsible unit to pay compensation to the worker in accordance with the criteria of 50 per cent of the salary paid: (i) Certified or unpaid in arrears; (ii) To deny payment or to pay overtime wages as prescribed; (iii) The payment of wages below the local minimum wage standards. Article 43 consists of one of the following acts by the Labour Guarantee Executive Order and fines of more than 20,000 dollars in 2000; acts in violation of the security administration, punishable by law by the public security authority; and criminal liability under the law: (i) To deny and block labour guarantees to the executive to carry out a wage inspection under the law; (ii) To refuse to provide wage payments to the labour security administration; (iii) Condition of facts, false or hidden information and evidence of the destruction of wages. Article 44 of the Labour Force or by a person's unit is not consistent with the administrative treatment decisions taken by the Labour Guarantee Administration or administrative sanctions decisions may apply to administrative review or administrative proceedings in accordance with the law. The use of a person's unit was delayed neither to apply for administrative review nor to initiate administrative proceedings, nor to comply with a decision to deal with or punish, and the executive of labour guarantees applied to the People's Court by law. Article 42 guarantees that the executive branch and other relevant administrative staff are granted administrative treatment by law to the responsible supervisors and other responsible persons who are responsible, in accordance with the law, inadmissibility of reports that are in compliance with the conditions of the case or in which the salary payments are found to be non-recognized, as well as other acts of negligence, abuse of authority, favouring private fraud. Annex VI Article 46 |
