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Shaanxi Provincial Minimum Wage Provisions

Original Language Title: 陕西省最低工资规定

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(Act No. 109 of the People's Government Order No. 109 of 20 May 2006 on 1 July 2006)

Article 1 guarantees the basic life of workers and their family members in order to preserve the legitimate rights and interests of workers to obtain labour compensation, in accordance with the Law of the People's Republic of China and the relevant laws, regulations and regulations.
Article 2
(i) Labour relations with workers in various economic types of enterprises, individual businessmen with employment;
(ii) The relationship between State organs, business units, social groups and workers in relation to labour contracts;
(iii) Workers during probationary periods, periods of skilled attendance and hours.
Article 3. The minimum wage referred to in this article refers to the provision of normal labour by workers in the period of work under the statutory working hours or agreed labour contracts concluded by law, and the minimum wage paid by the unit shall be paid in accordance with the law.
This provision refers to work carried out by workers in the course of the statutory working hours or the working contract agreed by the law. The worker shall be treated as a normal labour during the period of time provided for by the State, such as paid annual leave, family leave, matrimonial leave, maternity leave, maternity leave, holidays and holidays, as well as in the period of legal work.
Article IV Minimum wages exclude the following:
(i) Gabanga pay;
(ii) Allowances for special working environments such as secondary, night classes, high temperature, underholes and toxic hazards;
(iii) Social insurance costs for workers covered by the law, legislation and State-mandated units, savings for the housing of the employee and the benefits of the worker, labour protection costs, employee education costs, one-time compensation costs paid by the user unit and the worker's removal from labour relations.
Article 5
(i) Develop implementation programmes for the whole provincial minimum wage system;
(ii) Delimitation of regional categories of minimum wage standards across the province;
(iii) Identify and adjust the minimum wage standards;
(iv) Monitoring the implementation of the Minimum Wage System in all provinces.
Article 6. Minimum wage standards are generally used in the form of monthly minimum wage standards and hour minimum wage standards. The monthly minimum wage is applicable to full-time employment workers and the minimum wage is applied to non-time employment workers.
Article 7. The monthly minimum wage standards should be determined and adjusted in accordance with the principle of higher than local social remedies. The following factors are based on:
(i) Minimum living costs for local workers and their dependants;
(ii) Consumer price index for urban residents;
(iii) Social insurance and housing payments paid by individual workers;
(iv) Average wages of workers;
(v) Economic development levels demand employment.
Article 8 Determines and adjusts the hourly minimum wage standards, based on the monthly minimum wage standards promulgated, on the basis of:
(i) The basic old-age premiums to be paid by the unit, basic health insurance fees, and the pool of staff housing;
(ii) Non-time employment workers differ in terms of working stability, labour conditions, labour intensity, insurance benefits and full-time employment workers.
Details of the monthly minimum wage standards and the hourly minimum wage are presented in the annex.
Article 9 defines and adjusts the whole provincial minimum wage standard programme, which is developed by the Ministry of Labour Guarantees of the Provincial People's Government and approved by the Government.
In 7 days after the approval of the Minimum Wage Standards Programme in the province, the People's Government's Bulletin in the Province Province and the province-wide newspapers were published.
Article 10. Minimum wage standards are adjusted at least once every two years. When the relevant factors set out in Article 7 of this provision are changed in due course.
Article 11. The user unit shall implement the minimum wage standards in the district (market, area) and, within 10 days of the publication of the minimum wage standards, communicate the standard to all workers of the unit.
Article 12 The use of the wage form, such as the payment of wages or the payment of wages, must be reasonably discounted and the corresponding discount shall not be lower than the prescribed minimum wage.
Article 13 does not apply to this provision because of the fact that the worker has not provided the normal labour during the work of the statutory working hours or the agreed labour contract signed by the law, and is not executed in accordance with the relevant provisions.
Article 14.
Trade union organizations at all levels monitor the implementation of this provision in accordance with the law and find that the user unit violates this provision has the right to require the local labour security administration to deal with it.
Any organization or person has the right to report and complain about violations of this provision.
Article 15
A person's unit pays wages less than the minimum wage rate, which is charged by the labour security administration to pay the worker's salary for the period of time, which is not paid late, and the person's unit is charged with paying compensation to the worker in accordance with the standard of 50 per cent of the salary paid.
Article 16 Disputes between workers and agents regarding the implementation of minimum wage standards are dealt with in labour disputes.
Article 17 On 27 December 1994, the Minimum Wage in Mother-West Province (No. 8 of the People's Government Order No. 8) was abolished.
Annex

Annex
Factors to be considered for determining the minimum wage criteria
The minimum wage criteria generally take into account the cost of living for the urban population, the payment of social insurance by the individual worker, the housing pool, the average wage of the worker, unemployment, the level of economic development. The formula available indicates that:

M. Minimum Wage Standards;
C. Per capita living costs for urban residents;
S. Individual contributions to social insurance, housing payments;
A. Average wages of workers;
U. unemployment;
E. Economic development levels;
a Adjustment factor.
Common methodology for determining minimum wage standards
The Bill is to determine a proportion of the lowest per capita income earner as a poor, based on household survey data from the urban population, to show the per capita cost of living for the poor, with the support factor of each employed person, combined with one adjustment.
The Nagles Act, according to the annual standard food speculation and standard food intake provided by the National Institute of Nutrition, calculates the minimum food expenditure criteria, in conjunction with standard food market prices, with a minimum standard of living costs, in addition to the minimum standard of living costs, to meet the maintenance factor of each employed person, plus one adjustment.
After calculating the monthly minimum wage, the above methodology takes into account the necessary amendments to the payment of social insurance, housing payments, average wage levels for workers, social remedies and unemployment insurance standards, employment status, economic development levels.
For example, the minimum income group per person in a given area is $210 per month, with a support factor of 1.87 per employed person, a minimum food cost of $127, a Nguel factor of 0.604 and an average wage of $900.
The monthly minimum wage for the region is calculated by weight law:

The criteria for the monthly minimum wage for the region are calculated in accordance with the Nguel Factors Act:

The adjustment factor in formula (1) and (2) is mainly considered for local individuals to pay for expenses such as old-age, unemployment, health insurance and housing.
Furthermore, according to the international average monthly minimum wage rate of 40-60 per cent equivalent to the average monthly wage, the monthly minimum wage rate in the region should be between 360-540.

The buoy factor has been determined primarily to consider the difference between the steady work of part-time employment workers, labour conditions and labour intensity, welfare and full-time employment.