Key Benefits:
(Adopted by the Standing Committee of the Government of the South Kyoto City on 28 August 2003 No. 223 of 18 September 2003 by the People's Government Order No. 223 of 18 September 2003 (Act of 1 November 2003) Chapter I General Article 1 establishes this approach in the light of the provisions of relevant laws, regulations and regulations such as the People's Republic of China's Labour Code, in order to regulate the payment of wages to enterprises, preserve the legitimate rights and interests of enterprises and workers. Article 2, this approach applies to all types of enterprises within the city's administration (with individual economic organizations) and workers who are working with them. Article 3 pays the wages referred to in this scheme refer to payments made directly to workers in monetary form, in accordance with the relevant provisions of the State or the agreement of the labour contract, including, in general, the pay, the pay, the award, the allowance and subsidies, the payment of working hours and the payment of wages in exceptional circumstances. The following costs incurred by businesses for workers are not wages: (i) Specific welfare costs, such as hardship allowance for living and family planning subsidies; (ii) The economic compensation paid by enterprises and workers when they are removed from the labour contract, and the medical subsidy; (iii) Other costs that are not included in the total salary in accordance with the provisions. Article IV pays should be guided by the principle of distribution, full and timely growth, collective consultation and labour contracts. Article 5. The executive branch of labour and social security (hereinafter referred to as the labour security sector) is responsible for monitoring and inspection of the implementation of the scheme. The relevant administrations, such as trade, business, tax, construction, personnel and public safety, should assist the labour security sector in the management of wages, in accordance with their respective responsibilities. Chapter II Article 6. The wage payment system should be signed by the enterprise and trade union representatives or by the employee's representatives through collective consultations and communicated to the entire unit's workers. The contents of the wage payment system should include the payment of wages to workers by the enterprise, the payment cycle and date, the wage payment criteria in exceptional circumstances, the fixing of the price and the amount of the pay or the amount of the bills and the amount of the pay, the weight of the pay, the deduction of the salary and the various types of allowances, subsidies. Article 7. The salary shall be paid in accordance with the statutory currency and shall not be paid in kind and in the form of an alternative currency. Article 8. Enterprises pay workers' wages in cash form should be carried out within the working period and signed by the concessionaire. Enterprises can entrust banks with paying. The enterprise entrusts banks with pay and shall deposit the wages on their own or their designated accounts. Article 9. The enterprise shall preserve the amount, time, the name of the worker and the signature, the attendance of the worker and the written record of the completion of the tasks of the worker shall not exceed two years. Article 10. When the enterprise pays wages to workers, it is necessary to make a list of the workers, including the names of the workers, the time paid, the payment of wages, the payment of wages, the deduction and deduction of wages. Article 11. If holidays or rest days, payments should be made in advance of the recent working day. Article 12 (i) The monthly, weeks, days and hourly wage system, and the wage settlement cycle should be determined in consultation with workers, but not more than one month; (ii) The introduction of the annual pay system, which should be paid at a monthly rate, the end of the year and the payment of wages shall not be lower than the minimum wage for local enterprises; (iii) The introduction of the wage system consists of full-scale salary forms and other similar forms of wages, which shall not exceed one month; (iv) For workers who complete a temporary labour or a specific job, the enterprise shall pay the wages within the first working day after the completion of its labour mandate in accordance with the relevant agreement or contract. However, there is an agreement between enterprises and workers and the wages should be settled in accordance with the agreement; (v) Other wage systems, such as the settlement cycle, which exceeds one month, should be paid at a monthly rate of advance and the salary paid should not be less than the minimum wage for local enterprises, with a maximum of half years for the settlement cycle. Article 13, when the labour contract is dissolved or terminated by law, the enterprise should close the wages of the worker once. Chapter III Salary payments in special circumstances Article 14. The determination of the criteria for the salaries of new recruits, such as initial staff, mediators, force demobilized veterans, may be provided through the establishment of a pay payment system or may be agreed in the labour contract. Workers during probationary, skilled and internships provided regular labour within the statutory period of work, and businesses should pay their wages less than the minimum wage for local enterprises. Article 16 pays for new arrivals in the enterprise for the month of payment of wages in accordance with their actual workdays, and the introduction of a pay system to pay wages in accordance with actual completion of the work. Article 17 Labour workers shall participate in the following social activities in accordance with the law within the time of their statutory work, and the business shall receive the same labour and pay the wages: (i) The exercise of the right to vote or to be elected; (ii) Representatives elected to attend meetings organized by communes (communes), government, parties, trade unions, youth missions, women's associations; (iii) Participation in the trial as a jurists; (iv) Participation in recognition activities such as labour models, advanced workers; (v) Participation in trade union activities in accordance with the provisions of the Trade Union Act of the People's Republic of China; (vi) Participation in military training, such as the registration of military personnel; (vii) Participation in other social activities. Article 18 Employers are entitled to annual leave, family leave, marriage leave, widowhood, paternity leave, and businesses may pay the worker's leave in accordance with article 17 of this scheme or to agree on a worker's leave in the labour contract. The agreed rate of leave shall not be lower than the minimum wage for local enterprises. Article 19 Ends workers' sickness and businesses should pay sick leave benefits in accordance with the labour contract agreement or the standards set out in this unit's regulations. No sick leave allowance was agreed to be paid in accordance with the salary agreed upon in the labour contract. The sick leave allowance shall not in principle be less than 80 per cent of the minimum wage for local enterprises. Article 20 Workers suffer from work injury or occupational illness, pay full, large or partial loss of labour capacity, cannot work or business difficulties in organizing their work, stop the payment of wages and replace the disability pension. Payments and standards for work injury benefits and disability benefits are implemented in accordance with local work injury insurance provisions. Female workers are born or born, and during the prescribed maternity leave period, they are terminated to receive maternity benefits. Payments of maternity benefits and standards are implemented in accordance with local maternity insurance provisions. Article 21, the worker may not pay the wages during the holiday period or without proper justification. Article 22 stipulates that the work of a worker outside the statutory working hours shall be paid in accordance with the following criteria: (i) The enterprise shall arrange, under the law, to extend the working hours of the worker beyond the statutory working hours of the day, to pay the worker's wages by 50% of the wage that is not less than the worker's own hour or the daily wage criterion; (ii) Enterprises are required to organize the work of workers on the rest day under the law, paying workers' wages by 20 per cent that is not less than the worker's own hour or the daily wage criterion; (iii) Enterprises have arranged the work of workers on statutory holidays to pay their wages at 30 per cent below the worker's own hour or daily wage standards. Article 23 imposes on workers whose wages (including the full-scale form of wages and other similar forms of wages) and, after the completion of the assigned amount, are otherwise arranged by the enterprise or, in accordance with article 22 of this scheme, the enterprise shall pay its wages in accordance with article 50%, 20 per cent and 30 per cent of its statutory working hours, respectively. Article 24 provides for the introduction of an integrated calculation of work hours, which is part of the computation of working hours that exceeds the statutory standard working hours, should be considered as extensions of working hours and should pay wages for working hours in accordance with 20.0 per cent. Article 25 regulates the work of workers on statutory holidays and pays wages in accordance with article 22, paragraph 3, of this scheme. Article 26 is added by an enterprise that arranges workers to work outside the statutory working hours on the rest and day, while the overtime pay must be closed before the paying. If the enterprise has arranged its equivalent time within three months, it may no longer pay the overtime plus salary, but the supplementary arrangement shall notify the worker before the paying. During the holidays of some citizens, such as Women's Day, Youth Day, Minority Traditional Days, the business organizes work for workers or participates in the celebrations organized by the business organization, which may not pay the labourer overtime salary. Article 28 shows that the number of companies paying overtime wages is not calculated according to the following criteria: (i) The introduction of a wage system of employment, which pays the worker himself for the month; (ii) The introduction of a job skills wage system, two of which are paid to workers themselves for their monthly work; (iii) The introduction of a skills wage system for the worker's personal skills; (iv) The application of the pay system for the calculation of the quota; (v) Other wage systems are used to agree on wages for businesses and workers. In addition to the introduction of a pay scheme, the base number shall not be less than the minimum wage for local enterprises. Article 29 does not cause suspension of work and suspension of production within a wage payment cycle, and businesses should pay their wages in accordance with the standards set out in the labour contract. More than a wage payment cycle, if the worker provides a normal labour, the payment of labour payments to workers shall not be lower than the minimum wage for local enterprises; the enterprise does not arrange the work of the worker and, by consensus with the enterprise trade unions or workers, can pay for the cost of living in accordance with the level of 60 per cent of the minimum wage for local enterprises. Article 33, which causes suspension of work and suspension of production for the worker's own reason, may not pay the personal salary of the responsible person during the suspension and suspension of the work. Article 31 is imposed by the People's Court for the regulation of or the application of probationary service, the application of probationary sentences for periods of imprisonment, and businesses do not remove labour contracts and provide workers with regular work within the statutory period of work, and businesses should pay wages for workers in accordance with wage standards agreed in labour contracts. Article 32 is suspected of having committed an offence under the law, which is not provided with normal work and does not pay wages for workers. Article 33 Disciplinaryly disposed of workers, the business did not lift its labour contract and the worker provided a normal labour, paying the worker's wages in accordance with the standards agreed in the labour contract; the changing jobs and duties should be paid by the enterprise in accordance with the worker's changing job and job wage standards. Article 34 workers are eligible for retirement or for regular living conditions, and their wages are paid to workers for retirement or for the month of receipt of regular cost-of-living procedures. In order to reach the mandatory retirement age, the employer should continue to pay its wages in accordance with the labour contract agreed standards due to the lack of timely retirement procedures for workers. Article XV Deaths of workers, whose wages are paid to the end of the death. In the event of the insolvency of the enterprise or the dissolution of liquidation, the liquidation team shall assign priority to pay the wages of the paid worker, in accordance with the order of satisfaction established by the relevant law. Chapter IV Guarantees of wages Article 337 pays wages to workers by enterprises and does not require the consumption of workers at designated locations or on occasion. In addition to the following costs, the enterprise shall not pay the worker: (i) Individual income tax; (ii) Social insurance costs to be paid by workers; (iii) In accordance with the judgement of the People's Court which has legal effect, the cost of deciding the request for deduction; (iv) Laws, regulations and agreements between the parties, which may be charged with other costs from the wages of workers. Article 39, which causes economic losses to enterprises for their own reasons, may require compensation for economic losses in accordance with the labour regulations and labour contracts of the enterprise. The amount of compensation may be deducted on a monthly basis from the worker's own salary and the remainder of the deduction shall not be less than the minimum wage for local enterprises. Article 40 states that, in accordance with the regulations established by law, enterprises shall deduct wages against sterilized workers and that the remainder of the deduction shall not be less than 80 per cent of the minimum wage for local enterprises. Article 40, in addition to the following circumstances, does not extend the wages of workers. (i) force majeure; (ii) Business has confirmed that the working capital has been affected by the difficulty of producing the production, and that, with the consent of the trade union of the unit or the written consent of the employee, the payment of the worker's wages may be temporarily extended, but not more than a wage payment cycle, but also for the labour security sector. When the above-mentioned extensions disappear, businesses should pay workers' wages in a timely manner. Article 42 states that a partnership venture is in arrears in the wages of workers, which is unable to pay or escape anonymous by the head, and the labour security sector can entrust other partners with paying their wages. Article 43 re subcontracted the total contractor units of construction projects, which should be clearly agreed upon in the subcontracting contract, with the amount of artificial wages, the criteria and methods of payment, the time paid as necessary, and the supervision, inspection. The general contractor or the lender and the contractor have not settled the works under the contract, resulting in the loss of wages for the construction of the contractor's unit and the labour security sector could entrust the contractor with paying the worker's wages either by the contractor or by the contractor. The amount of the advance payment is limited to unliquidated works. Chapter V Article 44 states that trade union organizations at all levels should monitor the payment of corporate wages, identify cases where the enterprise is in breach of this approach and request that the labour security sector be addressed. Article 42 should establish a system of early warning of paid businesses, including a specific monitoring and alert list of salary payments, which should be presented to the social police by the labour security sector. Article 46 is determined by the labour security sector that enterprises and their heads who are in arrears in the wages of workers shall not participate in various forms of incentives hosted or contracted by the municipalities at all levels. Article 47 contains one of the following acts against the legitimate rights and interests of the worker, who may report to the labour security sector, the labour security sector has the right to pay the full pay for the period of time and may be charged with paying economic compensation in accordance with 25 per cent of the salary paid: (i) Civing, paying or unwarranting the payment of workers' wages; (ii) To refuse to pay or reduce the standard payment of workers' overtime pay; (iii) The minimum wage of local enterprises pays workers' wages. Article 488 does not pay wages and economic compensation payments to enterprises within the period prescribed by the labour security sector, and the labour security sector may warn, communicate criticisms and impose a fine of up to 5,000 yen on enterprises, in addition to paying the wages and economic compensation of the workers owed. Article 49, in violation of the relevant provisions of this approach, makes false statements of wages, concealment, destruction of wages and denial of the necessary information, and the labour security sector may impose a fine of up to $50 million. Article 50 does not correspond to the specific administrative conduct of the executive branch, which may be applied by law for administrative review or administrative proceedings. Annex VI Article 50 provides that the labour security sector may establish the application rules in accordance with this approach. Article 52 is implemented effective 1 November 2003. |
