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Liaoning Provincial Wage Payment Provisions

Original Language Title: 辽宁省工资支付规定

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(Summit No. 62 of 25 August 2006 of the Government of the Plurinational State of New York considered the adoption of the Decree No. 196 of 2 September 2006 of the Order of the Government of the Greater Honduran Province, which came into force on 1 October 2006)

Article 1, in order to protect the right of workers to receive labour compensation, regulate the payment of wages by a person's unit and preserve harmonious labour relations, and establish this provision in line with the Law of the People's Republic of China and the relevant laws, regulations and regulations.
This provision applies to all types of enterprises, individual economic organizations, non-commercial units (hereinafter referred to as “personal units”) and workers who are working with them.
The State organs, the cause unit, social groups and workers associated with the construction of labour contracts are implemented in accordance with this provision.
Article 3 is responsible for the management of salary payments by the labour and social security administration in the provinces, municipalities, districts (at the district level, under the same conditions).
The relevant administrations, such as construction, finance, tax, personnel, business administration, and economic integrated management, are responsible for the administration of wages.
Article IV. Trade union organizations are governed by law by the payment of wages by the user's units, have the right to remedy the wage payment of the person's unit or make recommendations to the Government and its relevant departments, and to provide support and assistance to workers in upholding the right to labour compensation under the law.
Any organization or individual has the right to report on the payment of the royalties by the user's unit.
The Government encourages, supports and protects, in accordance with the law, the media in the exercise of public opinion supervision in respect of the payment of wages to the user unit.
Relevant departments, such as provinces, municipal labour and social security, should develop and issue a macro-controlled policy on the basis of factors such as the level of economic and social development in the region of the administration and the availability of labour.
Article 7. The unit shall determine the level of wages of this unit in accordance with the local government's macro-controlled policy on the level of wages, in conjunction with labour market prices and the economic benefits of this unit, in consultation with trade union organizations or workers.
Article 8 User units should gradually increase the wage level of workers, in accordance with the economic benefits of this unit, the wage guidance line issued by local governments, the wage guidance rate and the average wage levels of workers in the region and industry.
Article 9. The user unit shall establish the wage payment system of this unit in accordance with the law and make it available to all workers of this unit.
The wage payment system includes, inter alia, the following:
(i) The items, standards and form of wage payments;
(ii) The cycle and date of payment of wages;
(iii) The calculation of the base salary;
(iv) The deduction of wages;
(v) Salary payments in special circumstances;
(vi) Other matters relating to salary payments.
Article 10 Employees' units and workers should agree on wage standards in labour contracts. The wage criterion is determined in accordance with the employment of the worker or the work performed.
Article 11. The unit of the owner shall receive a wage cash from the capital and social security administration approved by the Labour and Social Security Administration.
Article 12. The user unit shall pay wages in accordance with the statutory currency and shall not be paid in a currency such as physical, price and securities.
The user unit should pay the worker's salary at the agreed date. In the event of statutory holidays or rest days, wages should be paid in advance of the recent work day.
Article 13 User units should calculate the worker's salary from the date of the work.
Article 14. Employers' wages should be paid at the time of completion of the task.
The user unit should pay the worker at least once a month.
Article 15. The user unit must record in writing the amount, time, the name of the worker, and preserve more than two years the worker's right to access and check the payment of his salary.
The user unit may pay the wages directly to the worker himself or herself, or the bank's generation.
The user unit must provide the worker with a salary list, which must be in line with the actual pay.
Article 16 pays wages directly to workers by the user's unit and shall be processed. When the worker is unable to pay, he or she may be entrusted to the relatives or other persons.
The user unit entrusted the bank with the payment of the salary, and the worker's wages should be fully deposited into his own account at the agreed date. The issue of the failure of workers in wage payments to receive wages or the difference in the amount of wages in a timely manner is addressed by the user unit in coordination with the trustee.
Article 17 imposes annual pay or pay according to the examination cycle, the user unit shall pay the worker's salary at a monthly rate not less than the local minimum wage, which shall be settled at the end of the year or at the time of the completion of the nuclear life cycle.
After the labour relationship between the worker and the user's unit, normal work was provided during probationary and interns, and the wages paid by the user unit should not be lower than the local minimum wage.
Article 19
In addition to legal, regulatory provisions that allow for the deduction of wages for workers, the deduction of workers' wages should be consistent with collective contracts, the agreement on labour contracts or the regulations established by this unit in accordance with the law. The monthly deduction shall not exceed 20 per cent of the worker's monthly salary; the balance after deduction shall not be lower than the local minimum wage.
Article 20 stipulates that a person's unit and the worker are terminated by law and removed from the labour contract, and that a person's unit should pay the worker's wages once.
Article 21, in addition to the introduction of a non-scheduled working system, organizes the work of workers outside the statutory standard working hours and pays workers' overtime wages in accordance with the following criteria:
(i) Extension of working hours, which is paid at 50 per cent of the salary base that is not less than the worker's own hour;
(ii) The rest day work cannot be arranged for equal time to be paid at 20 per cent below the worker's daily wage base or the hourly wage base;
(iii) Work on statutory holidays, which is not less than 30 per cent of the worker's daily wage base or hourly salary base.
Article 22 calculates the daily or hourly wage base and the salary during the leave period, it shall be determined in accordance with the worker's salary standards agreed in the labour contract; the labour contract does not agree to determine the salary base in accordance with the collective contract and the salary standards for the period of leave; the labour contract, the collective contract does not agree, and shall be determined in accordance with the wages of the worker himself.
In accordance with the above-mentioned paragraph, the salary base and the pay for leave shall not be lower than the local minimum wage.
Article 23 provides for the use of the wage system and shall be scientifically and reasonably determined and made public. After the completion of the crediting mandate, the staff member's unit is scheduled to carry out the overtime work, which should be paid by 50%, 20 per cent and 30 per cent of the non-subsistance of the quota.
Article 24 introduces an integrated computation of work-time units, which should be calculated according to the worker's actual working hours within the time cycle. The total working hours of the worker and the portion of the statutory working hours are considered to be extended, and overtime wages should be paid in accordance with this provision.
Article 25 provides for the introduction of a full-time unit of work, which should be introduced. The hour salary is determined by the user unit in consultation with the worker, but is not less than the hourly minimum wage of the local non-time employed worker.
Article 26 Workers shall pay their wages in the event of their annual leave, family leave, marriage leave, widowhood.
During the period of labour women's festivals, youth festivals etc., a person's unit arranged for the rest of the worker or participated in the day-to-day event, paying the wages with the regular work; and the worker's work on a regular basis without paying overtime.
Article 27 Workers may not pay their wages during holidays.
Under article 28, workers are sick or non-employed, and during the prescribed medical period, the person's unit shall pay the salary of sick leave in accordance with the labour contract or the agreement of the collective contract, without less than 80 per cent of the local minimum wage standards.
Article 29 pays for work injury or termination of occupational illnesses, in accordance with the provisions of the State Department's Work injury Insurance Regulations.
Article 33 Worker pay treatment is carried out in accordance with the provisions of the Regulations on Population and Family Planning in the Province of Extension.
Article 33 During workers' participation in the following social activities in accordance with the law within the time of their statutory work, the unit of the person shall pay their wages to the normal work:
(i) The exercise of the right to vote and the right to be elected by law;
(ii) Activities of the people on behalf of the General Assembly;
(iii) Participation in the collective consultation activities of this unit in the capacity of workers in this unit;
(iv) Trade union activities under the law;
(v) The People's Court informed the Court of the testimony;
(vi) Obligation to contribute blood, participate in training or pre-service training for militias;
(vii) The Constitution, the citizen provided for by law shall perform other activities.
Article 32 Workers are granted by units to participate in departure, semi-delivery learning, retraining, and their wages are determined by the user's unit in consultation with the workers.
Article 33 is imposed by the People's Court for the control of or custody, for life imprisonment, for probation, for example, for the execution of a probationary service and for the dismissal of a labour contract, during which a person's unit has not been removed from the labour contract, and the worker shall continue to work in the normality of the former unit and the person's unit shall be executed in accordance with the labour contract agreement or the regulations established by the law.
Workers have been sentenced by law to imprisonment for more than one sentence, or are subject to mandatory measures to restrict the liberty of the person, as well as administrative sanctions that limit the liberty of the person, and the person's unit does not pay the wages that they are restricted to the liberty of the person.
Article 344 provides that the royalties may be paid at the time of the consultation, with the consent of the trade union organization or the worker's representative, for reasons of the difficulty in producing the operation, and that the payment of the salary shall not exceed 30 days, except for the user units that are restructured. More than 30 days, the local labour and social security administration should be provided.
The user units implementing the reform system, which were pre-empted to pay the worker's wages, must pay a clear amount of time and amount paid in the programme.
Article XV, in a wage payment cycle, shall pay the worker's wages in accordance with the standard agreed upon by the contract; more than one wage payment cycle may be paid on the basis of labour provided by the worker and on the basis of the agreed criteria. Workers have provided regular work and wages are not paid less than the local minimum wage.
Article XVI's decision to lift the labour relationship was dismissed by the Labour Dispute Arbitration Commission or by the People's Court in accordance with the law, paying the worker's wages for the period in which the labour relationship was terminated in violation of the law, and its salary standards were the average employee's salary for the same period; the worker's personal salary was higher than the average salary of the worker in the city for the same period, calculated at the average working hours of the worker for the previous 12 months.
Article 337 Insolvency, termination or dissolution of a person's unit, and property after liquidation under the law shall be given priority to pay paid workers' wages and social insurance contributions.
Article 338 contains one of the following cases in which workers are entitled to lodge complaints and report to the labour and social security administration:
(i) No payment of wages in accordance with labour contracts or collective contracts;
(ii) pay wages less than local minimum wage standards;
(iii) Certified or unpaid in arrears;
(iv) Reimbursement of wages in currencies such as in kind, price securities;
(v) Other violations of this provision.
The Labour and Social Security Administration should publish complaints, report telephones to society, improve complaints, reporting processing systems and the prosecution system of cases.
Article 40 The executive branch of labour and social security shall record and incorporate the enterprise credit evaluation system in a timely manner the issuance of its bad labour credit records to society, while informing the relevant units such as tax, customs, banking, business administration, bid agencies, etc. The Government and the relevant authorities shall not grant the owner's unit and its statutory representative or Head of any honour.
Article 40 provides for the pooling of workers in rural urban areas, which must be regularly reported on work and wages according to written notification by the labour and social security administration.
Article 42 imposes a wage-assurance system for the use of a person who has failed to pay.
The construction company that has failed to pay the worker's wages has occurred and must pre-empt the construction work at the start of the construction work, with a proportion of the construction contract price, pay the pay bond to the exclusive bank at the specified date.
The construction development enterprises that have incurred arrears in the construction of the works must provide security before the development of new projects.
Specific means of implementation of the wage guarantee and engineering security system are developed by the relevant departments, such as the Provincial Labour and Social Security Administration, the Provincial Construction Administration, and reported to the provincial government for approval.
Article 43 thirteenth, when the Labour and Social Security Administration determines that there is no late payment of the salary or the chewing of the salary case, the unit and the worker cannot give evidence of the amount of the salary, which may be determined in accordance with the principle of the worker.
Article 44 disputes between workers and agents may apply for mediation to the Labour Dispute Conciliation Commission of this unit, and the parties may apply for arbitration to the Labour Dispute Arbitration Commission. An arbitral award may be brought before the People's Court by law.
Article 42 contains one of the following cases in which the time limit for the executive branch of labour and social security is being changed; there is no change over 500 ktonnes:
(i) No wage payment system or wage system has been established for the worker;
(ii) No salary payments checklist for workers themselves;
(iii) No salary earned using the Full Wage Manual;
(iv) No certificate of payment is maintained as prescribed.
Article 46 quantify or unpaid pay or pay the worker's wages less than the local minimum wage criterion, which is paid by the Labour and Social Security Administration to pay the worker's wages in full at a time limit of 50 per cent of the amount payable.
Article 47 does not pay a wage guarantee by the unit of the owner, which is fined by 1000 dollars from the Labour and Social Security Administration, and the relevant administrations such as labour and social security, construction may take administrative measures in accordance with the law or apply to the enforcement of the People's Court.
Article 48 quarants against refusal, obstruction of inspection by the executive branch of labour and social security, or failure to submit written material at their request, concealing the facts of the payment of wages, concealing evidence or concealing, destroying evidence, and punishing the labour and social security administration in accordance with the relevant provisions of the State Department's Labour Guarantee Monitoring Regulations.
Article 49, in which the user's unit is unpaid, makes it difficult for the worker to pay for his or her wages to cause a serious impact on public order, punishable by law by the public security authorities for the legal representative of the user's unit or the head of the authority; constitutes an offence punishable by law.
Article 50 Decisions of administrative treatment of the labour and social security administration, or administrative penalties, may be applied by law for administrative review or administrative proceedings. The unit of the person was later neither applied for review nor for the prosecution, nor was the decision to deal with or punish, and the executive branch of the labour and social security applied for enforcement by the People's Court.
Article 50 quantification of administrative staff, such as labour and social security, is inadmissible for reports that are in accordance with the conditions in question or where wages are found not to be charged, as well as any other abuse of authority, in favour of fraud, and incentivism, by law, and the transfer of criminal suspects to the judiciary.
Article 52
(i) normal work means that workers fulfil their labour obligations within the time of the work of the statutory working hours or the labour contract agreement concluded by law.
(ii) The deduction of wages means that, in addition to the circumstances set out in article 19 of this provision, a person's unit does not pay the wage for the worker providing the normal labour (with the overtime pay, the same) or does not pay the wages in full.
(iii) The non-expended payment of wages means an extension of the payment of wages by a person unit exceeding 30 days, with the exception of the force majeure and the replacement unit, such as natural disasters.
(iv) Trade union organizations, which refer to trade union organizations established by law by a person's unit and their superior trade union organizations.
Article 53 pay for workers is calculated at an average of 20.92 days per month, as stipulated in the National Work Time System. The hourly wage is calculated on the basis of a salary of eight hours.
Article 54