Shaanxi Provincial Minimum Wage Provisions

Original Language Title: 陕西省最低工资规定

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(Shaanxi Provincial people's Government on May 20, 2006, the 109th published as of July 1, 2006) first in order to safeguard the legitimate rights and interests of the workers wages, guarantee the basic livelihood of workers and members of their families, in accordance with the People's Republic of China labor law and relevant laws and regulations, combined with the facts of the province, these provisions are formulated.
    Second article this province administrative within meet following conditions one of of employing units and workers, applies this provides: (a) various economic type of enterprise, and has employees of individual industrial and commercial households, and private non-enterprises and workers formed labor relationship of; (ii) State, and institutions, and social groups and workers established labor contract relationship of; (three) in probation, and skilled period, and trainee period within of workers.
    The provisions of article III of the said minimum wage, refers to the statutory working time stipulated in the labor contract signed according to the hours of work the normal work, the employer shall pay the lowest wages. Normal work in these rules, refers to the statutory working time according to the stipulated in the labor contract signed between the working hours of labour.
    Laborers are entitled to paid annual leave, family leave, funeral leave, maternity leave, birth leave, national holidays, and participate in social activities according to law within the legal working hours, as providing normal labor.
    Fourth article minimum wage not including following the: (a) overtime wage; (ii) shift, and night, and high temperature, and low temperature, and well Xia, and toxic harmful, special work environment of allowance; (three) legal, and regulations and national provides of employing units burden of workers social security costs, and workers housing Provident Fund and workers of welfare costs, and labour protection costs, and workers education costs, and employing units and workers lifted labor relationship paid of one-time compensation costs,.
    Fifth provincial labor and social security administration departments unified management of the province's minimum wage system, performs the following functions: (a) developing the province's minimum wage system implementation plan; (b) divide the area of the province's minimum wage categories, and (iii) determining and adjusting the minimum wage and (iv) implementation of the system of supervision and inspection of the province's minimum wage. Sixth general minimum wages monthly minimum wages in the form of minimum wage and hour standards.
    Monthly minimum wage applicable to full-time workers in employment, minimum wage standard for workers in part-time employment. Seventh month shall, in accordance with the minimum wage than local minimum wage standard social assistance benefit, below the average wage determined and adjusted.
    Mainly based on the following factors: (a) local workers and support the minimum cost of living of the population, (ii) consumer price index for urban residents, and (iii) employee contributions to social insurance and housing Provident Fund; (d) the average wage of staff and (v) the economic development level of the demand for employment.
    Eighth section determining and adjusting the minimum wage shall be issued on the basis of the monthly minimum wage, mainly based on the following factors: (a) shall pay the basic old-age insurance, basic medical insurance and housing Provident Fund, (ii) part-time employment workers job security, working conditions, working full-time employment, labor protection and welfare with workers ' differences.
    Minimum monthly wage calculation to the minimum wage and hour standards see annex.
    Nineth determining and adjusting the minimum wage in the province plan, drawn up by the provincial labor and social security administration departments, carry out the procedure, submitted to the provincial people's Government for approval.
    Approval of the programme within the 7th provincial minimum wage standard, in the Bulletin of the Shaanxi Provincial people's Government and the newspaper published in the province. Tenth adjusted at least once every two years in the minimum wage.
    When the provisions of the seventh when significant changes in the relevant factors provided for in section should be adjusted.
    11th the employer shall implement the County (city, district) of the minimum wage and minimum wage standards published in the 10th, to place all the working people of the standard public. 12th employer labor compensation paid to workers shall not be less than the local minimum wage standards.
    Implement piece-rate or percentage of wages paid by employers, must be converted properly, its commutation shall not be less than the established minimum wage.
    13th worker because I caused in the statutory working hours or working hours stipulated in the labor contract signed according to law does not provide the normal work, these provisions do not apply; not my reason, in accordance with the relevant provisions.
    14th of labor and social security administration departments at or above the county level shall be responsible for the employer within the administrative regions conduct supervision and inspection of the implementation of this provision.
    Trade unions at all levels shall conduct supervision on the implementation of this provision, the employer in violation of the provisions of the right to request the local labor and social security administration departments.
    Any organizations or individuals for acts in violation of the provisions of the right to information and complaints.
    15th the employer in violation of the provisions of the second, third, fourth, 11th, 12th, 13th, and labor and social security administration departments at or above the county level shall be ordered to correct it.
    Employers of workers's salary is less than the minimum wage, guaranteed by the labour administrative department in charge shall command the deadline to pay salaries owed to workers, fails to pay, order the employer owes wages 50% more than 1 time below the standard, and pay compensation to the employee.
    16th between workers and employers on the implementation of the minimum wage dispute, according to the relevant provisions of the labor dispute. 17th these provisions come into force on July 1, 2006.
    On December 27, 1994 issued by the people's Government of Shaanxi Province, Shaanxi Province, regulations on the minimum wage (Shaanxi Provincial people's Government, the 8th) repealed simultaneously. Annexes: annex minimum wage calculation method: the method for calculating minimum wages, determining the minimum wages should take into account the factors determining minimum wage taking into account living expenses, employees to pay social insurance fees, housing, wages, unemployment, economic development level, and other factors.
    Available formula is expressed as: M=f (c, s, a, u, e, a) minimum wage is =tbl/> m; c per capita living expenses of urban residents; s individual employees pay social insurance fees, housing fund; a worker's average wage; u unemployment; e economic development; a adjustment factor.
    Second, general method for determining minimum wages 1. method that is based on the proportion of urban residents budget survey data, determine a percentage of the minimum income for poor households, statistics of the poor per capita living expenditure level, multiplied by the maintenance coefficient of each employment, plus an adjustment.
    2. the Engel coefficient according to national standards for nutrition will provide annual food spectrum and standard of food intake, combined with standard food prices, calculate the minimum standard of food expenditures, divided by the Engel's coefficient, obtained the minimum cost of living allowance, maintenance coefficient multiplied by each employee, plus an adjustment.
    Climatological calculated above minimum wage standards, consider the individual pay social insurance fees, housing, Provident Fund, employees ' average wage levels, social benefits and unemployment insurance, employment status, level of economic development to make the necessary amendments.
    For example: per capita monthly living expenditures of the lowest income group in an area is 210 Yuan, each employed maintenance coefficients of 1.87, minimum food costs for 127, Engel's coefficient was 0.604, average wage of 900 Yuan. 1. by share method calculation obtained the area months minimum wage standard for: = months minimum wage standard =210x1.87+a=393+a (Yuan) (1) =tbl/> 2. by en grid, coefficient method calculation obtained the area months minimum wage standard for: = months minimum wage standard =127 ÷ 0.604x1.87+a=393+a (Yuan) (2) =tbl/> formula (1) and (2) in the a, of adjustment factors main consider local personal paid pension, and unemployment, and
    Medical insurance and housing Provident Fund and so on.
The other, in accordance with international standards in general minimum monthly wage equivalent to the monthly average wage of 40-60%, the minimum monthly wage in the region range should be between 360-540.
                                                                                                          = Hour minimum wage = ((minimum monthly wage ÷ 20.92 ÷ 8) x (1+ unit shall pay the basic old-age insurance, basic medical insurance and)) x (1+ float factor) =tbl/> float coefficients of major workers consider part-time employment stability, working conditions and labor intensity, the difference between full-time employment and welfare.