Liaoning Provincial Wage Payment Provisions

Original Language Title: 辽宁省工资支付规定

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(August 25, 2006, Liaoning Provincial people's Government, the 62nd Executive meeting on September 2, 2006 196th promulgated by the people's Government of Liaoning province as of October 1, 2006) first in order to protect workers ' right to a remuneration, regulate the employer's wage payments, maintain a harmonious labor relations, according to the People's Republic of China labor law and relevant laws and regulations, combined with the province, these provisions are formulated.
    Article within the administrative areas of our province all kinds of enterprises, individual economic organizations and private non-enterprise units (hereinafter employer) and formed labour relations worker, these provisions shall apply.
    State organs, institutions, social organizations and established the labor contract with workers, in accordance with this regulation.
    Third of provinces, cities and counties (including County-level cities and districts, the same below) labour and social security administrative departments are responsible for the administrative area of the employer's payroll management.
    Building, finance, taxation, human resources, business administration, economic management and other administrative departments concerned in accordance with their respective responsibilities, to do the payroll management related work.
    Fourth trade union organization shall conduct supervision on the employer's payroll, is entitled to the employer's wage payment offences be rectified or make recommendations to the Government and the relevant departments, and shall safeguard the right to remuneration for the employee to provide support and assistance.
    Fifth article of any organizations and individuals have the right to report the employer's payroll violations.
    The Government encourages, supports and protects the news media on employer payment of Wages Act of supervision by public opinion.
    Sixth provincial and municipal labor and social security, and other relevant departments shall, in accordance with economic and social development in their respective administrative areas level and labour supply and demand and other factors, developed and published the wage levels of macro-control policies on a regular basis.
    Article seventh employers on wage levels should be based on the local government macro-control policies, combined with labor market price and the economic benefits of this unit, after consultation with the trade unions or collective labour to determine the wage levels of the entity.
    Eighth an employer should be based on the economic growth, wage guidelines issued by the local government, salary guide prices and workers in this region, industry average, gradually raise the level of workers ' wages.
    Nineth employer shall formulate the wage payment system, and to place all workers released.
    Wage payment system include the following: (a) projects, standards, and forms of wage payment; (b) the date of pay period and (iii) overtime salary calculation base (iv) payroll deductions; (v) the wages paid in special circumstances, (vi) other matters relating to payment of wages. Article tenth employers and workers should be agreed upon in the labour contract wages.
    Wage determined according to the laborer position or work.
    11th the employer shall use labour and social security of the Payroll Manual approved by the Administration, in its open a basic deposit account with the Bank are paid cash.
    12th an employer should pay wages in legal tender, shall not be replaced by real, marketable securities and other monetary payments. The employer shall pay the worker the salary prescribed date.
    Statutory holidays or rest days, shall pay wages ahead in recent days.
    13th the employing unit shall be computed from the date of employment of workers wages. 14th an employer can take hours, days, weeks, months to pay wages for the cycle.
    Completing a certain task is counted as wages, worker's wage shall, on the completion date of the task.
    The employer shall at least once a month to pay the workers wages.
    15th employer must record in writing to pay the employee's wages and time, the recipient's name, and save it for more than two years for future reference, workers have the right to query and check my wages paid.
    Wages can be paid directly to the worker of the employer, or you can entrust the Bank.
    Employers must provide workers with a copy of payroll, payroll must match the actual salaries paid. 16th an employer of wages must be paid directly to the employee himself, should the signing formalities.
    When the worker is unable to receive wages, may appoint a relative or other agent. The employer entrusts the Bank payroll, workers ' wages should be on the appointed date deposit the full amount of his or her own account.
    Trustee bank workers in a pay on time receive wages or wage differences and so on, unit is responsible for the coordination with Bank trustees resolved.
    Article 17th annual salary or review period is counted as wages, the employer shall each month by not less than the local minimum wage worker pay in advance, or the expiry of the review period settlement at the end.
    Article 18th after workers and employers to form labor relations in trial, internships during the normal work, the employer pay wages not lower than the local minimum wage.
    19th the employer should not be deducted workers ' wages. In addition to laws and regulations can withhold wage issues, employer deducting workers ' wages shall be in accordance with the collective agreements, employment contracts or rules and regulations of the provisions of this law.
    Part of the monthly deduction, shall not exceed the monthly salary of the workers 20%; balance after deduction shall not be less than the local minimum wage.
    Employers and workers both terminate the 20th article, terminate the labor contract, the employer shall pay employee wages. 21st article except implemented not timing work business of yiwai, employing units arrangements workers in statutory standard work time yiwai work of, should according to following standard paid workers overtime wage: (a) extended work time of, according to not below labor who I hours wage base of 150% paid; (ii) rest day work cannot arrangements equal time compensatory of, according to not below labor who I day wage base or hours wage base of 200% paid; (three) statutory holiday work of,
    According to no less than I paid the labor base or 300% hourly base pay.
    22nd calculate overtime wages or hourly wage base and the leave period shall be in accordance with the employment contract of the laborer wage determined; work not agreed in the contract, in accordance with the collective agreement overtime wage base and the leave period to determine; labor contracts and collective contracts are not agreed, determined according to the laborer works get their wages.
    Base for the overtime pay in accordance with the provisions of the preceding paragraph as well as leave pay shall not be less than the local minimum wage. Article 23rd piecework employer should be scientific and reasonable determination of quota and the piece rate, and to the public.
    After workers finished piece fixed tasks, the Unit arranges overtime work shall be respectively according to the piece rate of not less than 150%, 200%, 300% payment of overtime wages. Article 24th of integrated work employer in integrated work period shall be in accordance with the workers ' actual working time calculating their wages.
    Workers part of the actual amount of time worked in excess of the statutory working hours, considered working longer hours, shall pay the overtime pay in accordance with these regulations. Article 25th of part-time working hours the employer shall carry out hourly system.
    Hourly wages negotiated by the employer and the workers, but shall not be less than the hours of part-time workers for employment in the local minimum wage.
    26th workers to enjoy annual leave, family leave, marriage leave, bereavement leave, the employer shall pay the wages.
    Working women, youth and other citizens during the holiday season, employers arrange rest or festival-goers for its workers, wages should be paid for by equating them with the normal work; workers work as usual for failure to pay overtime wages.
    27th employee during the leave, the employer may not pay their wages.
    Article 28th of worker illness or non-work-related injuries to stop the labor, within the required period, the employer shall, in accordance with the labor contract or collective agreement agreed to pay sick pay, but shall not be less than the local minimum wage of 80%.
    29th laborer because of industrial injury or occupational disease to stop work in suspended the pay period payment of wages in accordance with the provisions of the State Council regulations on industrial injury insurance.
    30th employee leave due to pregnancy or family planning surgery, their wages according to the Liaoning Provincial population and family planning provisions of that Ordinance. 31st article workers in statutory work time within law participate in following social activities during, employing units should depending on with its provides normal labor be paid wage: (a) law exercise vote, and to be elected of activities; (ii) Congress representative perform positions of activities; (three) to this units workers representative identity participate in this units of collective consultations activities; (four) unions grass-roots Committee law carried out unions activities; (five) Court notification appear testified; (six) obligations blood, and
    Join the militia training or reserve training; (VII) shall perform the duties of the citizen, legal provisions in the Constitution of other activities.
    32nd laborer by the unit to attend full-time, half of full-time study, continuing education, training, wages and benefits negotiated by the employer and the workers.
    33rd laborer were sentenced by court or criminal detention, imprisonment of probation or parole and prison, bail, during which the employer fails to terminate the labor contract, to continue the normal work of the worker, the employer shall be in accordance with the contractual agreement or this unit in accordance with the regulations formulated by the Executive. Workers were sentenced to criminal detention or more penalties in accordance with law, or restriction of personal liberty under law enforcement measures and administrative penalties restricting personal freedom, during the restriction of personal freedom of employers not paying their wages.

    Article 34th due to difficulties in production and management of the employer is temporarily unable to pay wages on time, following consultations with the trade unions or workers ' representatives agreed upon could negotiate in accordance with the date of the payment of wages, in addition to implementing reform of the employing unit, delayed payment of wages not later than 30th.
    More than 30th, shall be filed with the local labor and social security administration departments.
    Employer of implementing reform, reform of wage arrears, must make it clear in the restructuring plan the timing and amount of the payment of arrears of wages. 35th employer shut down, closed during a pay period, shall pay the worker the salary in accordance with the standards stipulated in the contract; more than one pay period, can provide workers with labor, in accordance with the standards stipulated in the resumption of payment of employee wages.
    Workers to provide normal work, payment of wages shall not be less than the local minimum wage.
    Article 36th employer labor relations decisions was the labor dispute Arbitration Commission or a court ruling or decision to revoke the shall pay the wage of the employee is unlawful termination of labor relations during, their wages over the same period in the city's average wage of fully employed staff workers ' wages higher than the city average wage of fully employed staff in the same period, according to the worker himself previous 12-month average salary calculation of normal working hours.
    Employer bankruptcy, termination or dissolution of 37th article, after liquidation of property shall, in accordance with the relevant regulations, priority for payment of arrears of laborer wages and social insurance contributions.
    38th article employing units has following case one of of, workers right to to labor and social security administrative sector complaints, and reported: (a) not by labor contract or collective contract agreed paid wage of; (ii) to below local minimum wage standard paid wage of; (three) deduction or for no reason arrears wage of; (four) to real, and securities, instead of currency paid wage of; (five) violation this provides of other case.
    39th labor and social security administration to the public complaints, telephone hotlines, treatment of complaints, reporting system and case investigation supervision system. 40th Administrative Department of labour and social security refused to correct the article without reason to default or deduction of employer wage behavior should be documented and included in the credit evaluation system, release of bad credit records to public notice, and inform the taxation, customs, banks, industry and commerce administration, bidding Agency and other relevant units.
    Employers for accepting bad credit record are announced, the Government and the departments concerned shall not be granted to the employer and its legal representative or head of any title.
    41st set of rural migrant workers the employer must, in accordance with written notice of the Administrative Department of labour and social security, periodic reports to the employment and payment of wages.
    42nd on the wages to labourers without reason employer wage deposit system.
    Happened to labourers without reason wage behavior of construction enterprises, prior to construction project, according to a certain percentage of the contract price, date set for preexisting wage deposit accounts to banks.
    Arrears of construction enterprises, prior to the development of new projects to provide security.
    Wage margin and guarantee system of specific measures for implementation, by the provincial labor and social security administration departments, provincial administrative departments and other departments concerned, and reported to the provincial government for approval purposes.
    43rd labour and social security administrative departments investigated and dealt with without undue arrears of wages or wage deduction cases, employers and workers are unable to pay the amount of proof, can refer to the laborers in the same position of the employer's wage or the average wage level of workers in this city, in accordance with the principles found in favour of workers wages. 44th due to pay disputes between workers and employers, can apply to place labor dispute mediation committee mediation, a party may apply to the labour disputes Arbitration Committee for arbitration.
    Refuses to accept the award, may initiate litigation to the people's Court according to law.
    45th article employing units has following case one of of, by labor and social security administrative sector ordered deadline corrected; late not corrected of, at 500 Yuan above 1000 Yuan following fine: (a) not developed wage paid system or wage system not to workers announced of; (ii) not to workers I provides wage paid listing of; (three) not using payroll using manual drawn wage of; (four) not by provides save wage paid voucher of.
    46th the employer deducted or arrears of wages for no reason, or paying wages below the local minimum wage of the worker, the Administrative Department of labour and social security ordered to pay workers wages; fails to pay, order the employer in accordance with 50% of the payable amount 1 time times the standard rate, and pay compensation to the employee.
    47th margin of an employer is not required to pay wages, the labour and social security administrative departments of 1000 Yuan fine, labour and social security, construction and other related administrative departments may take administrative measures or apply to a people's Court for compulsory execution.
    48th employer resistance, obstructed labour and social security administrative departments supervise and inspect or not according to their requirements to submit written materials, withholding payroll facts and issue false testimony or conceals or destroys evidence, the labour and social security administrative departments under the State Council that the relevant provisions of the regulation on labor security supervision.
    49th employer unreasonably of arrears of wages, causing workers to recover their wages and led to serious public order incident, the public security organ to the legal representative of the employer or owner shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law. 50th employee or employer to the labour and social security administrative departments of the administrative decision 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 reconsideration or sue, nor performs the decision or the decision, the Administrative Department of labour and social security apply to the people's Court for compulsory execution.
    51st the labor and social security reports on conditions of administrative staff to meet inadmissible or find wage payment offences is not investigated, as well as other acts of abuse, malpractice, negligence, shall be given administrative sanctions are suspected of the crime, judicial organs according to law.
    52nd meaning of the following terms used in these regulations: (a) the normal work and refers to the statutory working time or working time stipulated in the labor contract signed according to law within the fulfilment of labour obligations.
    (B) the deduction of wages refers to in addition to the circumstances provided for in article 19th, the employer does not pay to provide normal work of the employee wages (including overtime, the same below) or were not paid their salaries.
    (C) arrears of wages for no reason, refers to subject to force majeure such as natural disasters and implement reform of the employing unit, the employer delayed payment of wages more than 30th.
    (D) the trade union organization, is an employer legally established trade union organizations and their parent organizations. 53rd worker's daily wage, according to the provisions of the State system, and conversion at an average 20.92 days per month.
    Hourly, daily wages divided by 8 hours.
                                                                                      54th these provisions come into force on October 1, 2006.

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