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Qingdao Enterprises Pay Provisions

Original Language Title: 青岛市企业工资支付规定

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(The 7th ordinary meeting of the Government of the Youth of 20 November 2003 considered the adoption of the Decree No. 161 of 30 November 2003 on the People's Government of Blue Island, which came into force on 1 January 2004)

Chapter I General
Article 1 establishes this provision in the light of the provisions of the laws, regulations and regulations of the People's Republic of China, in order to regulate the payment of wages by enterprises and to preserve the right of workers to work.
Article 2 applies to the city's South Zone, the northern city, the Quartet, the Leeid, the mountainous areas, the area of yellow, the enterprises in the city's positive area, the non-commercial unit of the civil service, the individual economic organization (hereinafter referred to as an owner's unit) and workers who are working with them.
Article 3 pays the salaries referred to in this article refer to the payment of labour payments to workers in accordance with the State, provincial, municipal and labour contracts, in accordance with the relevant provisions of the State, and the agreement of the labour contract.
Article IV provides workers with regular work during the statutory working hours, and the user unit pays the wages of workers less than the local minimum wage.
Article 5
The relevant sectors, such as UNCTAD, finance, business, tax, audit, construction, banking, should assist the labour security sector in the management of the supervision paid by the user's unit.
Trade unions monitor compliance with wage payment provisions by the user unit by law, identify violations, and trade unions have the right to act on behalf of the worker and the user's unit, investigate and make observations, recommendations.
Chapter II
Article 6. The user unit shall establish a basic wage payment system in accordance with the law relating to the content of the wage.
The user units implementing the collective bargaining system should enter into collective bargaining agreements with trade unions on wage payments in accordance with the law.
Work contracts with workers by the user unit should be agreed upon. The agreed wage payment criteria shall not be lower than the provisions of this unit's collective contract or collective wage agreements.
Article 7. Wage payments under collective agreements and labour contracts shall include the following:
(i) Standard payment;
(ii) Payment of projects;
(iii) Forms of payment;
(iv) The cycle and date of payment;
(v) The deduction of wages;
(vi) Other salary payments.
The salary payments agreed by the user unit and the worker shall not be in violation of the provisions of the law, regulations and regulations.
Article 8. Users should establish a regular wage adjustment mechanism to develop wage adjustment programmes based on the wage guidance line developed by local governments and the production status of the unit, taking into account the labour market wage guidance. The adjustment programme shall seek the views of the Trade Union or the Employer (on behalf) General Assembly of this unit.
Article 9. The wages shall be paid in the form of a statutory currency and shall not be paid in kind or in the form of a price securities.
Article 10. When paying wages by a person's unit, the wage list shall be provided to the worker. The salary list should include: time, name, number of work days, overtime hours, pay, real pay and wage deduction projects, etc.
The list of wages of the user unit is kept for at least two years.
Article 11. Direct payment of wages by a person's unit shall be paid to the worker himself and shall be signed. The worker may, for the reason, be entrusted to him in writing. The same salary list was commissioned in writing.
The user unit entrusted the bank with the payment of the salary, which should be transferred on time to the worker's own account.
Article 12. The user unit shall pay the worker's wages in full on the basis of the agreed date of the labour contract. If holidays or rest days, payments should be made in advance of the recent working day. The salary is paid at least once a month.
A person's unit produces difficult business and is temporarily unable to pay wages on time and, in accordance with this unit's trade union, may extend the payment of the worker's wages and inform the whole worker of the extension period for a period not exceeding 30 days.
Article 13 requires the enforcement of minimum wage standards for reasons such as the difficulty of producing the operation, which shall be subject to the consent of the trade union of this unit or the consideration of the General Assembly of the employee (on behalf) and, within one month of the date of implementation, report on labour security to the executive branch in accordance with the terms of wage management.
Article 14. In one of the following cases, the user unit shall pay higher wages than the worker's normal working hours according to the following criteria:
(i) A person's unit arranges for the extension of working hours beyond the statutory working hours of the day, paying overtime wages in accordance with 50% of the salary scales not less than one day or hour;
(ii) The work of the worker on the rest day shall be arranged first and foremost, and the rest shall not be less than overtime hours. No supplementary payment could be made in accordance with the payment of overtime wages of 20 per cent of the base salary not less than on his or her day or hour;
(iii) The work of the worker on the statutory leave date shall be paid in accordance with the salary of the overtime amount of 30 per cent not less than on his or her day or hours.
“Ger pay base” means the worker's salary after deduction of overtime wages in the event of normal production of a person's unit, but is not less than the local minimum wage.
Article 15. User units with a pay system shall be determined in accordance with scientific, reasonable principles, and shall seek the advice of the trade union of this unit, taking into account the criteria for the award of labour.
After the completion of the crediting mandate, the unit of the person organizes the work of the worker outside the statutory standard working hours and shall pay overtime wages in accordance with the proportion provided for in article 14 of the present article, in accordance with the percentage of the working hours provided for in article 14.
Article 16, which is approved by the Labour Guarantees Administration for the introduction of an integrated calculation of work hours, shall not exceed the total statutory standard working hours in the computation cycle, but rather be considered to extend the working hours, and the person's unit shall pay the wage of the worker by 50 per cent. The work of the worker is arranged on a statutory leave date, and the person's unit shall pay the overtime salary at 30 per cent.
The central rest of the work of the computation system was introduced, and the user unit should pay the wages in accordance with the rest pay standard agreed upon in the labour contract, without agreeing to pay the average monthly salary of the worker.
Article 17 workers shall pay their wages in accordance with the salary standards agreed upon in the labour contract for the period of their annual leave, family leave, marriage leave and widowhood. There was no agreement that, in the case of the normal production of the user's unit, the worker's normal monthly salary was paid at the standard salary.
Workers are asked to leave, and the user unit may not pay the wages between the holidays.
Article 18 Workers shall participate in social activities in accordance with the law within the time of their statutory work, and the person's unit shall be treated as providing normal labour and paying wages.
Social activities include the exercise of the right to vote and the right to be elected in accordance with the law; participation of elected representatives in meetings such as communes (communes), more than communes (zones), parties, trade unions, youth missions, women's federations; testimony; attendance at labour model advanced workers' congresses; non-time trade union presidents, vice-chairpersons, commissioners for production or working hours as mandated by the Trade Union Act; and other social activities in accordance with the law.
Article 19 Workers are subject to the provisions of the State, provincial, municipal work injury insurance as a result of work injury or occupational illness.
Article 20
(i) During the prescribed medical period, the suspension of medical treatment is not exceeding six months and is paid by the user unit to 70 per cent of the salary for sick leave;
(ii) During the prescribed period of medical treatment, the suspension of work has reached more than six months, paying 60 per cent of the cost of sickness to himself;
(iii) Over the medical period, the user unit has not been identified according to the prescribed labour capacity, paying the sickness relief fee by 80 per cent of the local minimum wage.
The minimum wage for sick leave and disease relief is not less than 80 per cent of the local minimum wage, up to the average monthly salary of the previous year's employees.
This article refers to the average monthly wage of the worker for a 12-month period of illness. The work of workers is less than 12 months and is calculated on average monthly wages for actual working hours.
Article 21, whereby a person's unit may reduce the wage payment criteria by consensus with the worker, but should not be less than 80 per cent of the local minimum wage standards; the non-negotiation of the consultation may result in the dismissal of a labour contract and the payment of economic compensation by a unit in accordance with the criteria agreed to in the labour contract.
Article 2 is Disciplinaryly disposed of, and the unit of the person does not disband the labour contract and the worker provides a normal labour, pays the wages in accordance with the standard agreed in the labour contract; alters the work place and functions, and the unit shall pay the wages according to the worker's changing job and job wage standards.
Article 23 pays unpaid labour for non-time employed persons, which, according to their agreement, may be paid on a week, day, hourly basis, but not less than the local minimum wage.
The non-first-time minimum wage for labour is established by the municipal labour security administration with the relevant departments and is implemented following the approval of the prescribed procedures.
The minimum wage for non-time employment includes hourly wage income and social insurance contributions that should be paid.
Article 24 shall deduct the following tax expenses from the worker's wages in accordance with the law during the stay of the labour relationship:
(i) Individual income tax payable by workers;
(ii) Social insurance contributions to be paid by workers;
(iii) Court judgement, determination of the costs of maintenance, maintenance expenses, etc.;
(iv) Laws, regulations and regulations provide for other costs that may be paid from the worker's salary.
Article 25 may claim compensation for economic losses in accordance with labour contract agreements for the worker's own reason for the loss of the person's unit. The compensation for economic losses may be deducted from the wages of the worker himself, but the monthly deduction shall not exceed 20 per cent of the worker's monthly salary and the remainder of the deduction shall not be less than the local minimum wage.
Chapter III Oversight of wage payments
Article 26 Workers found one of the following cases in which they were entitled to submit complaints to the labour security administration:
(i) No payment of wages in accordance with labour contracts, collective contracts and collective agreements;
(ii) The payment of wages below local minimum wage standards;
(iii) Certified or unpaid in arrears;
(iv) The refusal to pay overtime wages;
(v) Disadvantages and intentions to transfer and conceal assets;
(vi) Other circumstances affecting the payment of workers' wages.
Article 27 Trade unions of the user unit found that the unit had 26 cases, which could be referred to by workers on behalf of the user's unit and require the user to take measures to rectify it. In refusing to change, the trade union of an owner unit, while reporting to the superior trade union, was brought to the labour security administration to deal with the law.
The General Trade Union Labour Law Monitoring Board above organizes regular investigations into the payment of the royalties to the user unit and promptly reports to the same-ranking trade unions, the superior trade unions and the labour security administration.
Article 28 of the Labour Guarantees Administration conducts inspections under the law on the payment of the royalties to the user unit. The user's unit should provide the necessary information and proof when it is inspected.
Labour guarantees that the administration handles complaints reports should be confidential.
Article 29 provides that the payment of corporate wages should be an important element of the integrity of the archaeological enterprise. The relevant sectors should be brought into the corporate credit file for offences such as treasury, unpaid salary arrears.
Article 33 imposes a system of unpaid reporting. More than one month, the user unit should report to the labour security administration.
The unpaid reports should include the causes, time, amounts, the number of workers involved, the production and financial situation, the reimbursement plans and measures.
Article 33 Builds for enterprises such as the pilot construction system, with a specific approach being developed by the Municipal Labour Guarantee Administration with the relevant sectors such as construction.
Article 32, the construction company is in arrears in the wages of the worker and the lender has not been able to settle the construction payments by the time period, and the labour security administration may be charged with paying the worker's wages by the contractor and the subcontractor for the payment of the salary by the contractor. The salary payments paid by the lender or the contractor are limited to unliquidated works.
Article 33 Investors are in arrears in the wages of their workers, have a partner to escape anonymous or cannot pay, and the labour security administration can hold other partners to pay their wages before paying their workers; and the partner, after paying it, pays to other partners by law.
Article 34 quantifys who fail to comply with the responsibilities of the Labour Security Administration to pay for the payment of wage-processing decisions, which are governed by the law by the labour security administration that takes decisions.
Employees who are in arrears of wages are interested in the transfer and concealment of assets, and the labour security administration can apply to the people's courts for property conservation.
Chapter IV
Article XV of the labour disputes between workers and agents may apply to the Labour Dispute Conciliation Commission for conciliation; mediation may be submitted to the Labour Dispute Arbitration Commission for arbitration; or may apply to arbitration directly to the Labour Dispute Arbitration Commission.
The parties are not bound by the decision of the Commission of Arbitration of Labour Disputes and may be prosecuted by law to the People's Court.
Article 36 does not default, default or suspension of wages for more than three months, rendering workers living without basic guarantees and workers may apply to pay before the law in labour arbitration.
Chapter V Legal responsibility
Article 37, in which the principal head of the enterprise and the person directly responsible are fined up to 00 million yen and processed by the user unit in accordance with the following provisions:
(i) More than one month, paying an economic compensation equivalent to 25 per cent of the salary;
(ii) More than three months, the payment of an economic compensation equivalent to 25 per cent of the salary, and the payment of labour compensation by a factor equivalent to the payment of wages and economic compensation payments;
(iii) More than six months, the payment of an economic compensation equivalent to 25 per cent of the salary and may be charged to pay the worker's compensation equivalent to the sum of the pay and economic compensation payments, while publicizing the media to society.
Article 338 consists of one of the following acts by the labour security administration to be rectified and punishable by a fine of more than 5,000 dollars in 2000:
(i) In violation of article 13 of this provision, the implementation of the minimum wage standards has been carried out;
(ii) In violation of article 33 of this provision, there is no implementation of the pay reporting system.
Article 39 contains a violation of wage payments outside the provisions of articles 37 and 38 of this provision, and the Labour Guarantees Administration may, depending on the circumstances, give warnings and provide for a period of time. Inadvertently, the labour security administration may impose a fine of up to 5,000 dollars for the unit, and impose a fine of up to 1000 for the chief and direct responsibilities of the enterprise.
Article 40 shall not be duly represented by a person or head of his or her legal representative shall not be considered as advanced during the unpaid salary of the worker; the legal representative or head of the State, the collective enterprise shall not be promoted and the annual salary shall not be paid.
Article 40 provides one of the following acts to the staff of the executive branch, which is administratively disposed of by the relevant departments; constitutes an offence and is criminally liable by law:
(i) Disadmissibility and non-requirement of workers' complaints reports and trade unions of the user units;
(ii) Abuse of authority,ys and neglect;
(iii) Corruption is subject to bribery and favouring private fraud;
(iv) Disclosure of commercial secrets known in the screening;
(v) Disclosure of the reporter's situation.
Annex VI
Article 42
The chewing wage referred to in this provision refers to the fact that the user unit is unable to determine and agree on the deduction of the worker's salary.
The unpaid arrears referred to in this provision refer to the non-payment of wages by the user's unit in full and on time, except in cases such as the extension of the pay for force majeure, such as natural disasters, and the payment of wages by consensus with trade unions.
Article 43 thirteenth states, the city, the city, the city, the city, the city, the city of Metropolitan, the city of Lei, can set up the payment of the city's corporate wage in the light of this provision.
Article 44