Shandong Provincial Wage Payment Provisions

Original Language Title: 山东省企业工资支付规定

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(July 10, 2006 considered 72nd meeting of the people's Government of Shandong province on July 31, 2006, 188th promulgated by the people's Government of Shandong province as of September 1, 2006) Chapter I General provisions article to regulate wage payments, maintenance workers have the right to remuneration, in accordance with 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 within the administrative area of the province of wage payment and supervision and management of the enterprise, these provisions shall apply.
    Article III 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 honesty and credit of enterprises, in form of currency on time and in full.
    Fourth people's Governments above the county level shall strengthen leadership on corporate pay, establishing dynamic monitoring and early-warning mechanism for pay, and solve problems in the payment of wages in a timely manner.
    Fifth of labor and social security administration departments at or above the county level shall be responsible for wage payment supervision and management work of enterprises within their respective administrative areas.
    Financial, investment, construction, trade, taxation, statistics, business administration, auditing, and other relevant departments according to their respective duties, and supervision and administration of enterprises related to the payment of wages.
    Sixth trade union organizations shall exercise supervision over enterprises ' wage payment behavior, violations of the right to enterprise proposed correction or treatment recommendations to the administrative departments of labor security, support, and help workers maintain their legitimate rights and interests.
    Article seventh labour and social security administrative departments shall establish wage payment offences reported handling system, public telephone, mail or e-mail address.
    Chapter II wage-setting eighth provincial people's Government, in accordance with relevant regulations of the State, combined with the level of economic and social development of the province and the labor supply and demand conditions, wage policy in this province, issued minimum wage and wage guidelines.
    District municipal people's Government in accordance with relevant provisions of national and provincial, developed and published the city's minimum wage standard.
    Labor and social security administration departments at or above the county level according to local wage levels, regular wages in the labour market guidance price and labor cost monitoring and early-warning information. Nineth enterprises shall, in accordance with the national provisions establishing collective negotiation system on wages, with trade unions or workers ' representatives on the wage distribution system, matters such as wages, wage income in the form of consultations on an equal footing.
    On the basis of consensus, when considered for adoption by the Assembly of representatives of the employees or workers of enterprises, signed a collective agreement on wages.
    Tenth Enterprise shall, in accordance with collective wage agreements or economic benefits of the enterprise and the wage policy of the Government, through consultations on an equal footing with the laborer, labor contracts, salary payment standards.
    Labor contract wage changes according to the position of the worker to adjust and change, but not less than the wages in collective agreements to determine wage standards.
    Article 11th normal salary increase mechanism should be established, based on the economic growth, according to local government wage guidelines, labor markets wage guidelines issued by price and other factors, industry average wage of staff and workers in the region, increase worker pay.
    Enterprise shall, within the Government wage guidelines issued 30th, elaborate and implement wage guidelines to implement programmes, and to the administrative departments of labor security. Article 12th wage allocation system should be established in accordance with the relevant provisions of the State.
    Wage distribution system shall include the following information: (a) wage-fixing, (ii) allocation of wages each post; (c) the approach of regular pay raises (iv) bonus allocation; (e) the allocation of allowances, subsidies, and (vi) sickness, holidays and other special cases of wage distribution methods. 13th due to difficulties in production and operation of enterprises, economic decline, and no ability to pay normal wages, needs to reduce the wages of worker's wage or follow the local minimum wage, he shall first seek the views of trade unions or workers ' representatives, to all employees rationale.
    Need to follow the local minimum wage of worker's wage standard, it should be reported to the administrative departments of labor security.
    Production returns to normal, and should raise wages in a timely manner. Chapter III paid 14th Enterprise shall, in accordance with the relevant provisions of national and provincial, developed system of wage payments.
    Wage payment system shall include the following information: (a) payment of wages projects, standards, and forms and (ii) pay period and date; (c) overtime calculation standard of wages and payment; (d) sickness, holidays and other special cases of wage calculation and payment; (e) payroll deductions (vi) wages paid by other matters. 15th enterprise to develop the distribution of wages and wage payment system, should seek the views of Congress of enterprise trade unions and workers, and announced to all the workers.
    Wage distribution system and can be adjusted in accordance with legal procedures to change the wage payment system.
    Enterprise distribution of wages and wage payment system shall develop or change the date in the 30th, the administrative departments of labor security. 16th Enterprise shall, in accordance with the labor contract or the date of the collective agreement on wages paid their workers wages, shall not be deducted or unpaid wages.
    Wage payment dates meet statutory holidays or rest days, the Enterprise shall recently before the holidays or rest days to pay.
    Enterprise wages should be paid to workers at least once a month, but implementing annual salary system, according to the rules of proportion and duration of regular payment of workers ' wages.
    For workers engaged in temporary work, work during less than 1 month, immediately temporary work when the task is completed, the Enterprise shall pay the worker wages during more than 1 month, the Enterprise shall pay the worker the salary monthly.
    Article 17th enterprises shall pay the workers ' wages in monetary form, shall not be payable in kind or securities instead of currency. 18th Enterprise shall pay to the worker himself.
    Workers commissions the agent, in agent, the principal shall provide the principal seal of a power of attorney.
    Enterprise Bank to pay, should be agreed upon in the labour contract or collective agreement on wages wage payment dates, salary in the worker's account in a timely manner.
    19th Enterprise shall prepare a statement of wages paid and recorded payroll object name, payment, payments, overtime wages, should go, deductions, real amount and employee signature issues.
    Wage payment should be in accordance with the national accounting file management for at least 15 years of time for future reference. Enterprises shall pay the wages to the workers in wage payments, wage payments shall set forth the matters in the pay table.
    Workers have the right to query my payroll records, the Enterprise shall promptly provide relevant information for the query. 20th article Enterprise arrangements workers in statutory standard work time yiwai work of, should according to following provides paid overtime wage: (a) in day statutory standard work time yiwai extended work time of, according to not below hours wage base of 150% paid overtime wage; (ii) in rest day arrangements work of, should arrangements equal time of compensatory; cannot arrangements compensatory of, according to not below day or hours wage base of 200% paid overtime wage; (three) in statutory holiday arrangements work of,
    Shall not be less than 300% daily or hourly base pay overtime wages.
    Enterprises should overtime pay on the next payday or pay to workers.
    Article 21st piecework enterprises shall, in accordance with national or industrial standards on labor quota, combined with the actual situation of the enterprise, and after seeking the views of the Trade Union or the employees ' representatives, determines the quota and the piece rate.
    After workers completed the piece-rate fixed, enterprises arrange their work beyond the statutory standard, shall, in accordance with the provisions of article 20th, respectively, according to the piece rate of not less than 150%, 200%, 300% payment of overtime wages.
    Integrated calculation of man-hour 22nd enterprise, workers combined work hours in excess of the statutory part of the standard working hours, as extension of working time shall be determined according to different scenarios, 20th in accordance with this article, the third item provides for the payment of overtime wages.
    Article 23rd to work business enterprises, do not apply to the provisions relating to overtime pay provisions.
    24th employee on the statutory annual leave, family leave, marriage leave, bereavement leave and maternity and breastfeeding leave, holidays, payment of wages in accordance with the relevant provisions of the State and province.
    Workers ask for leave, businesses can pay their wages during the leave period. 25th according to the provisions of article 20th calculate overtime wages salary base and 24th base of calculating employee vacation pay in the first paragraph, should be in accordance with the workers ' real wages last January to provide normal labor determine the amount after deduction of overtime in the month.
    Last January did not provide the normal work of the worker, according to Xiang Qianshun push to provide normal work month income is determined in the amount of real wages after deduction of overtime in the month.
    26th employee due to a work-related injury or occupational disease, the Enterprise shall, in accordance with the provisions of the regulations on industrial injury insurance, pay a worker shut down wages for the pay period.
    Worker falls ill or is not caused by work-related injuries, medical period stipulated by the State, enterprises shall, in accordance with national and provincial relief on paid sick leave wage or disease, sick leave wage or disease relief shall not be less than the local minimum wage 80%.
    People's Republic of China Law on infectious disease prevention as category a infectious disease, and although not as category a infectious disease, but suspected a class infectious diseases for the prevention and treatment of infectious diseases patients and close contacts, isolation or check exclude patients, enterprises shall, in accordance with normal labor standards, pay the workers were isolated for observation or check salary. 27th employee participates in the following activities in the legal working hours, shall pay the wages according to workers with the normal work of enterprises:

    (A) law exercise vote and to be elected; (ii) attended Xiang (town), and County (district) above Government, and party, and unions, and League, and FMC, organization held of Conference; (three) law appear testified; (four) attended model workers, and advanced workers Assembly; (five) People's Republic of China unions method provides of non-full-time unions President, and Deputy President, and members participate in unions activities; (six) law participate in of other social activities.
    28th laborer sentenced to public surveillance, criminal detention or probation, be sentenced to probation or during probation, prison, bail, the enterprise has no labor contract, workers to provide normal work, enterprises shall, in accordance with State regulations or wages stipulated in the labor contract to pay their wages.
    29th article enterprise law from workers wage in the generation buckle, and generation paid following tax: (a) workers should paid of personal income tax; (ii) workers should paid of social security fee; (three) workers should paid of housing Provident Fund; (four) Court judgment, and ruled in the requirements Enterprise generation buckle of raised fee, and maintenance, costs; (five) legal, and regulations, and regulations provides of other tax.
    Article 30th caused economic loss compensation of the worker, the enterprise could be deducted from workers ' wages, but after deductions the remaining parts shall not be less than the local minimum monthly wage. 31st article non-for workers reasons caused Enterprise shutdown, and discontinued, and closed, Enterprise not and workers lifted labor contract, shutdown, and discontinued, and closed in a wage paid cycle within of, enterprise should depending on with workers provides normal labor and paid the wage paid cycle of wage; over a a wage paid cycle of, Enterprise arrangements workers work of, according to both new agreed of standard paid wage, but shall not below local minimum wage standard; enterprise no arrangements workers work, workers no to other units work of, Shall not be less than the local minimum wage of 70% paid workers ' basic living expenses.
    Otherwise provided for by the national and provincial, in accordance with its provisions.
    Article 32nd due to difficulties in production and operation of enterprises, economic decline, unable to pay wages on time, should explain the situation to the employee, after the agreement through consultation with the trade unions or workers ' representatives, can delay the payment of wages, but the delay time should not be longer than 30th.
    33rd article enterprise and laborer's dissolution, termination of labor contracts, an enterprise shall, in dissolution or termination of labor contract paid the workers get their wages.
    34th corporate bankruptcy, termination or dissolution, after liquidation of property shall be used to pay off the debt to workers wages and social insurance contributions, except as otherwise provided by laws and regulations.
    35th wage labourers before the merger or Division shall at the time of the merger or Division, lump-sum payments workers get their wages.
    Article 36th workers engaged in part-time work, wages stipulated by the consultation with employers, but shall not be less than the local minimum hourly wage.
    Fourth 37th administrative departments of labor security supervision and management should establish a sound corporate payroll information network, collecting, analyzing and processing business payroll information, shall conduct supervision and inspection of wage payments, detect and investigate the enterprise violates the rights of laborers ' legal access to labour remuneration act.
    Article 38th of labour and social security administrative departments shall establish wage payment credit system, will investigate and punish serious labourers docked, their wages and other serious violations of the wage payment system company credited business credit archives and published in the news media.
    39th article workers found enterprise has following case one of of, right to to labor guarantees administrative sector reported: (a) deduction or arrears wage of; (ii) not paid or violation provides paid overtime wage of; (three) below local minimum wage standard paid wage of; (four) arrears wage and transfer, and hidden enterprise assets of; (five) other violations workers interests of case.
    Administrative departments of labor security after receiving the report, shall be lawful investigation and handling, processing results to the signature of an informer, and the informer confidential.
    40th enterprises pay emergency protection system. Repeated wage arrears of wages reserve account established enterprises, some funds should be reserved in the Bank by the enterprise-specific accounts, for the enterprises to pay workers wages arrears of wages.
    Otherwise provided for by the national and provincial, in accordance with its provisions.
    Wage reserve account established specific measures formulated by the administrative departments of labor security in conjunction with relevant departments, and submitted to the provincial people's Government announced after the execution. 41st employer, the contractor is not in accordance with contract work, resulting in construction enterprise workers wages, labour and social security administrative departments may order the employer, the contractor first advance workers ' wages.
    Advance salary limited to outstanding projects.
    42nd labor dispute arbitration Committee hearing labor dispute cases, the facts are clear and the timely payment of wages will not result in workers living difficulties, can be part of the ruling by the enterprise to pay workers ' wages.
    Article 43rd enterprises and workers due to pay dispute or a dispute arises, the enterprise should bear the burden of proof.
    Fifth chapter legal liability article 44th in violation of these provisions, labourers docked, their wages or less than the local minimum wage of worker's wage standard, in accordance with the provisions of the regulation on labor security supervision shall be punished.
    45th article enterprise has following behavior one of of, by labor guarantees administrative sector give warning, ordered deadline corrected; late not corrected of, sentenced 2000 Yuan above 10000 Yuan following of fine: (a) not by provides will implementation minimum wage standard of situation to labor guarantees administrative sector record of; (ii) not by provides will implementation wage guide line implementation programme to labor guarantees administrative sector record of; (three) not by provides will wage distribution system and wage paid system to labor guarantees administrative sector record of;
    (D) falsification or concealment, destruction of enterprise wage payment tables, and other payroll information should be saved.
    Article 46th Enterprise salary distribution system, the payroll system implementation scheme in violation of the provisions and the implementation of wage guidelines, the administrative departments of labor security warning, rectification.
    47th penalties for other acts in violation of these provisions, in accordance with the provisions of relevant laws, rules and regulations.
    48th labor Security Administration Department and other departments concerned not to perform their statutory duties, finding violations is not investigated, or abuse of authority or engages in, or the competent authority shall be given administrative sanctions by the unit constitutes a crime, criminal responsibility shall be investigated according to law. Sixth chapter supplementary articles 49th article of the rules the following terms shall have the meanings are: wages, refers according to relevant regulations of the State and stipulated in the labor contract, collective agreement, in the form of monetary remuneration paid to workers.
    Including hourly, piece-rate wages, bonuses, allowances, subsidies and salary paid for overtime and other special cases.
    Deduction from wages, means stipulated in the provisions of article 29th and 30th, a deduction of wages of workers of enterprises.
    Unpaid wages, refer to natural disaster, war and other force majeure and circumstances stipulated in this article 32nd, enterprises do not pay the workers their salaries on time and in full.
    The normal work and refers in accordance with the contractual agreement, statutory working hours work.
    Article 50th privately-run non-enterprise unit, individual businesses and other economic organizations of wage payment supervision and with reference to these provisions.
                                                        51st article of the regulations come into force on September 1, 2006.