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Hunan Provincial Minimum Wage Provisions

Original Language Title: 湖南省最低工资规定

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(Adopted by the 79th ordinary meeting of the Government of the Southern Province on 22 March 2006 No. 208 of the Order of the People's Government of the Southern Province of Lake Lakes on 28 April 2006 and issued since 1 July 2006)

Article 1, in order to preserve the legitimate rights and interests of workers in the payment of their labour, guarantees the basic life of workers and their family members, and in accordance with the Labour Code of the People's Republic of China and the relevant provisions of the State, to establish this provision in conjunction with the actual rights of the province.
Article 2. This provision applies to all types of enterprises within the province's administration, non-commercial units, individual businessmen with employment (hereinafter referred to as an owner's unit) and workers associated with labour relations.
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 introduces a minimum wage security system in this province, which establishes minimum wage standards in accordance with the law.
The wages and royalties agreed in the labour contract signed between the user unit and the worker shall not be paid to the worker less than the minimum wage set by the Government.
Article 4
The executive branch is responsible for the implementation and supervision of the Minimum Wage Guarantee Scheme in this administrative area in the municipalities, autonomous states and district municipalities.
The ministries of statistics of the self-government are responsible for providing statistics needed to determine the minimum wage.
Article 5. The minimum wage referred to in this article refers to the minimum wage paid by workers within the time of their legal work or in accordance with the labour contract signed by the law.
The normal work referred to in this provision refers to work undertaken by workers within the time of legal work or in the labour contract agreement, or by the unit of the person. Workers are considered to provide regular labour when they are granted paid annual leave, family leave, matrimonial leave, maternity leave, maternity leave, maternity leave, maternity leave, holidays, etc., and when they participate in social activities in accordance with the law or are assigned to work outside the labour contract agreement by the user unit.
Article 6. Minimum wages under this Article shall not include the following items:
(i) Payment by a person's unit of the salary paid to the worker for extended working hours;
(ii) Allowances for special working environments, such as secondary, night classes, high temperature, wells, toxic hazardous work environments;
(iii) A person's unit pays incentives for workers;
(iv) The non-monetary income paid to workers through the provision of food, housing, etc.;
(v) Social insurance and housing benefits paid by a person's unit for workers;
(vi) Treatment of labour benefits provided by the State.
Article 7. Minimum wage standards are divided into the monthly minimum wage and the hourly minimum wage.
The full-time worker applies the monthly minimum wage; the full-time worker applies the hourly minimum wage.
The introduction of the salary of the individual or the reference form of the wage should result in the development of a scientific and reasonable amount of labour, paying the worker's wages should not be lower than the corresponding minimum wage.
Article 8
The monthly Minimum Wage Standards (GB) = the lowest monthly cost of living per person per year in the province tox the average dependency factor of each employed person+ adjustment.
The adjustments referred to in the preceding paragraph have been determined, mainly with regard to the average salary levels of all local workers, employment status, social insurance for workers and housing payments, regional economic development variations and actual wage growth levels.
The monthly minimum wage is generally not less than 40 per cent of the average monthly salary for local workers.
Article 9
The hour Minimum Wage Standards (GB) = monthly minimum wage of 20.20.92 days x 8 hours (10 units should pay the proportion of the gross old-age premiums to be paid) x (+ fluctuations).
20.92 days referred to in paragraph 2 of this article shall be calculated for the actual working days of a month, with the formula for calculating: 365-104 days of recess - 10 days of statutory leave for a full-year period of 36 December.
The eight hours referred to in paragraph 2 of this article shall be fixed for the day.
The proportion of the premiums referred to in paragraph 2 of this article is subject to legal, regulatory, or governmental standards.
The calculation of the buoys referred to in paragraph 2 of this article primarily considers factors such as the stability of work of part-time workers, labour conditions, labour intensity, welfare, and differences between full-time employed persons.
Article 10 Adjustments to the minimum wage standard for the month of June of each year shall apply for the period from July to June of the year. In the event of exceptional circumstances, the adjusted time may be extended appropriately, but not more than two years.
Article 11. Minimum wage standards are determined according to the following procedures:
(i) The Government of the State of Homeless Peoples' Labour Guarantee, together with the Ministry of Statistics of the current People's Government and the units of the General Trade Union, the Entrepreneurship Association, is measuring the local minimum wage by April, in accordance with this provision and local realities, and reporting the standard to the Government of the People's Labour Security Administration.
(ii) The Ministry of Labour Security, together with the Ministry's Government's Ministry of Statistics and the Ministry's General Trade Union, the Provincial Association of Entrepreneurs, has considered the Minimum Wage Standards and the Psychology Programme in the establishment, autonomous states, developed a number of files that apply to the minimum wage standards in the province, which have been reviewed by the Ministry of Social Information and by the Department of State Labour Guarantee Administration.
(iii) In the city, the Government of the State of Self-Government, in accordance with the Minimum Wage Standards published by the Provincial People's Government, to develop minimum wage standards in the districts of the region in the light of local realities, to be published by the municipality, the Government of the State of Self-Government, and to report on the provincial Government's labour security administration.
Article 12. After the issuance of the minimum wage standards, the user unit shall be made public to the entire unit of the unit within 10 days.
Labour tasks should be completed by workers, in compliance with labour disciplines and the regulations of the user units.
Article 14.
Article 15
Article 16 of the Government's Labour Guarantees Administration at the district level, when checking the implementation of the Minimum Wage Guarantee Scheme by the user unit, the unit should provide the worker's wages as necessary.
The Government's labour guarantees the executive branch and its staff shall not disclose the commercial secrets of the user unit.
Article 17. Trade unions at all levels monitor the implementation of the minimum wage system by the user unit by law, and found that the payment of a person's unit to pay less than the minimum wage could be brought to the Government's labour security administration.
Article 18 Workers have the right to report or file a complaint to the Government of the People at the district level for acts committed by the user's unit in violation of this provision. The labour security administration should be determined in accordance with the law and communicated to the reporting and complainants the findings.
Workers and agents are dealt with in accordance with the State's labour disputes in the light of the controversy over the implementation of the minimum wage security system.
Article 19 guarantees the executive branch and its staff members to exercise due diligence, provocative fraud, abuse of their functions, and to administratively dispose of them in accordance with the law; constitutes an offence and hold criminal responsibility under the law.
Article 20
Article 21, paragraph 1. The Minimum Wage of the Southern Province of Lakes, issued on 24 July 1995, was also nullified.