Administrative Measures On Wage Payment Supervision In Hunan Province

Original Language Title: 湖南省工资支付监督管理办法

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(November 7, 2003 19th meeting consideration of Hunan province on November 24, 2003 181th promulgated by the people's Government of Hunan province as of January 1, 2004) Chapter I General provisions article in order to strengthen supervision and control over the employer payment of Wages Act, protecting laborers ' right to remuneration, in accordance with the People's Republic of China labour law and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.
    Article the regulation is applicable in the province within the administrative area of various types of enterprises, individual economic organizations (hereinafter referred to as the employer), payment of wages, and supervision and management.
    Wages in these measures refers to the employer according to relevant regulations of the State or labor contract agreement, in the form of monetary remuneration paid to workers. After a third worker shall perform their respective obligations, enjoys the right to remuneration.
    The employer shall pay the workers ' wages in full and on time, shall not be deducted or without reason to default.
    Fourth labor and social security administration departments at or above the county level shall be responsible for the supervision and administration of wages paid by the employing unit within the administrative area.
    People's Governments above the county-level public security, construction and other relevant departments according to their respective responsibilities to employer payroll management jobs.
    Five trade unions at various levels of employer wage payment supervision according to law, the right to stop the employer's violations.
    Paid sixth employer in chapter II shall, in accordance with the distribution of wages policy, reasonable wages, and paid wages according to the relevant State provisions.
    The employer pursuant to the provisions of Liechtenstein's salary shall not be used for non-salary expenditures.
    Seventh an employer through the General Assembly, the representatives of the employees or other forms of democratic consultation, wage payment system within the law and to place workers announced.
    System of collective consultation the employer shall on questions relating to payment of wages with the employee representatives for collective bargaining, signed a collective agreement on wages. Article eighth of the employer and the employee signed a labor contract shall be according to the relevant regulations of the State and the units of the wage payment system, expressly agreed that corresponds to the position of the worker paid content.
    Payroll includes wages payment, payments, payment form, payment and other wage matters agreed upon by both parties.
    Nineth wages should be paid in legal tender, shall not be paid in kind, securities, or other non-legal tender.
    Article tenth employers to pay workers ' wages not lower than the local minimum wage. 11th the employer shall pay to the worker himself.
    When the worker is unable to receive wages, commissions the agent in writing.
    The employer entrusts the Bank payroll, salary should be credited to the worker's account. 12th employer pay the employee wages shall prepare a statement of payment of wages and the wage paid to the employee himself listing.
    Worker who is drawing pay, should the signing formalities.
    Employers pay table must be stipulated payment, payment, payment object names, working days, overtime, should go items and amounts, deduction items and amounts of issues, and save it as required.
    The employer shall forge, alter, conceal, destroy wage payment records.
    13th the employing unit shall, at least once a month to pay the workers wages. Implementation of the monthly wage system, the employer shall, in accordance with the wage payment system rules or the date stipulated in the labor contract to pay wages.
    If the statutory holiday or public holiday, it shall be paid in advance.
    Implementation of annual salary or wages must be paid according to the review period, the employer shall, in accordance with conventions or by no less than the local minimum wage per month wages in advance, or at the end of review period closed at the end.
    Of the implementation of weeks, days, hours, wages, wages must be paid by the week, day, hour.
    Continuous working time does not exceed one month, one-time temporary labor, employer shall, in accordance with agreed upon by both parties in the worker to complete work tasks that pay wages.
    14th the employer shall date of establishing labor relationship with a worker wage.
    Employer and the employee or terminate the labour contract is terminated in accordance with law, wage calculation and to the date of termination or dissolution of labor contract, and from the end or termination of labor contract within 3rd day of pay workers ' wages. 15th article employing units according to actual need arrangements workers in statutory standard work time yiwai work of, should according to following standard paid wage: (a) arrangements workers in day statutory standard work time yiwai extended work time of, according to not below labor contract provides of workers I hours wage standard of 150% paid wage; (ii) arrangements workers in rest day work, and and cannot arrangements compensatory of,
    In accordance with the labor contract of not less than the worker or 200% of the hourly wage rate paid; (c) arrange holidays for its workers, should be in accordance with the labor contract of not less than the laborer or 300% of the hourly wage rate paid, wages must be paid not to take some time off instead.
    16th subject the employer to arrange the piece rate workers the legal work outside standard work time should be according to the provisions of the present article 15th, respectively, in accordance with the piece rate of not less than my standard of statutory working time 150%, 200%, 300%, payment of wages.
    17th article by labor guarantees administrative sector approved implemented integrated calculation work work business of employing units, its workers integrated calculation work time over statutory standard work time of part, should considered extended work time, and by this approach 15th article subsection (a) items of provides paid workers extended work time of wage; in statutory Hugh holiday arrangements workers work of, by this approach 15th article subsection (three) items of provides paid wage.
    18th approved by the administrative departments of labor security implementing flexible working hour system employers, instead of these measures 15th (a), (b) payment of wages provisions, but the legal holiday arrangement work, according to the article 15th (c) provides for the payment of wages.
    Article 19th statutory holidays, paid leave, the employer shall pay the worker the salary.
    Citizens during holiday festivals and anniversaries, the employer arrange holidays for its workers, should pay the workers wages employer arrangements the employee to work or take part in the celebration, shall arrange to take some time off.
    20th laborer shall enjoy annual leave, family leave, funeral leave, holiday, the employer shall pay the workers according to the relevant provisions of national and provincial salaries.
    Workers due to a work-related injury or occupational disease need to suspend the work injury medical, salary during the suspension period, by country and relevant regulations of the work-related injury insurance in this province.
    Female employee's maternity leave, breastfeeding, birth control, surgical treatment of wage, maternity benefit during the holiday, according to the maternity insurance, national and provincial family planning regulations. 21st laborer in statutory working hours by law to participate in social activities, equating them with the normal work, the employer should pay wages.
    Scope of social activities according to the relevant State provisions. 22nd workers stop working due to sickness or injury treatment, within the required period, the employer shall, in accordance with national and relevant provisions in the province paid sick leave wage or disease injury relief.
    Injury leave wage or disease relief shall not be less than the local minimum wage of 80%.
    Article 23rd caused by workers the employer shut down, stop production, business, not more than one month, the employer shall, in accordance with the national provisions or stipulated in the labor contract of wages payment of wages; for more than a month, did not schedule a worker to work, the employer should not be less than the local unemployment insurance pays a lay-off benefits.
    24th employee suspected of crimes by judicial organs according to law during the restriction of personal freedom, the employer may suspend the performance of the labor contract for failure to pay wages.
    Worker was sentenced to probation, a criminal during probation, or control, the employer has no termination of labor relations and workers with the normal work, the employer shall pay the wages or labor contract according to state regulations.
    25th the employer bankrupt or shut down according to law, dissolution, liquidation, shall, in accordance with the legal liquidation order pay owed workers wages first.
    26th article except for the following cases, employers may not reduce worker pay for any reason: (a) laws, regulations, rules and regulations should be made by the employer withholding, pay, (ii) the employer and the employee a written agreed deduction from the wages, (iii) other circumstances that can be deducted in accordance with law.
    27th due to worker causes economic losses caused to the employer, the employer could be deducted from the wages of workers compensation, but after deduction of wages remaining parts shall not be less than the local minimum wage.
    The third 28th administrative departments of labor security supervision and management to supervise the implementation of employer payroll checks, the employer shall provide and the payment of wages on the employment situation, pay tables, workers paid vouchers, financial statements, wage payment system of the unit data, labour and social security administrative departments shall keep commercial secrets for the employer.
    Administrative departments of labor security supervision and inspection personnel on official duties must produce documents and enforce laws impartially.
    29th article workers found employing units has following case one of of, right to to labor guarantees administrative sector reported: (a) not according to labor contract agreed paid workers wage of; (ii) paid workers wage below local minimum wage standard of; (three) deduction or for no reason arrears workers wage of; (four) refused to paid or not full paid workers extended work time wage of; (five) arrears wage and intends to transfer property, statutory representative people or business head intends to avoided, and escape of; (Vi) other acts that damage workers ' legal ' right to remuneration.

    Article 30th administrative departments of labor security in dealing with complaints the employer lawful remuneration rights cases against workers, the employer shall, within the prescribed time limit, provide information on wages paid vouchers.
    Overdue is unable to provide or refuse to provide, administrative departments of labor security in accordance with the complaints of the workers found the amount directly. 31st employer according to operating conditions in accordance with wage payment system rules or labor contract workers wages paid in full and on time, in advance or within 3rd day of overdue, reporting to the administrative departments of labor security and to propose solutions.
    Labour and social security administrative departments should be on the employer's reporting and programme review and monitor its implementation.
    Article 32nd in the administrative departments of labor security in dealing with payroll violations, found that when the unit is operating without a license, and should be brought to the local administration for industry and commerce shall be banned.
    Article 33rd trade unions at all levels in accordance with the law when the employer wage payment supervision, found the employer deduction, without undue violations such as unpaid wages, and the right to correct it; the employer refuses, trade unions may address recommendations to the administrative departments of labor security; labor and social security administration departments receive the proposals of trade unions shall be dealt with according to law. Article 34th not complying with the contract to settle employer and contractor engineering, contractor workers wages, labour and social security administrative departments may order the employer to pay workers ' wages.
    Employer's advance payment of wages are limited to outstanding projects. 35th employer or contractor will contract or to units without appropriate qualifications, employer or contractor shall be liable for the payment of wages to the joint and several liability.
    Units without appropriate qualifications refuses to pay or is unable to pay workers wages, labour and social security administrative departments may order the employer or contractor be paid. 36th partnership partners bear joint and several liability for wage arrears.
    Partners go into hiding, or unable to pay the wages of the workers, administrative departments of labor security may entrust the other partners be paid partner after the advance payment may have recourse to other partners. 37th the employer before the merger or Division of labor wages should be merged or immediately pay off wage arrears.
    Cannot repay, administrative departments of labor security may entrust inherits its rights after the change unit to pay off the original unit of the obligation owed wages.
    Article 38th workers ' pay dispute with employers over wages, to the labour disputes Arbitration Committee for arbitration. When the labor dispute Arbitration Commission wage payment dispute cases, the facts are clear and not paid in a timely manner can result in workers ' lives difficult, can be part of the ruling.
    Ruling on part of the employer is dissatisfied, he can apply to the arbiter for reconsideration.
    Fourth chapter legal responsibility 39th article employing units has following case one of of, by labor guarantees administrative sector ordered deadline corrected, late not corrected of, sentenced 1000 Yuan above 5000 Yuan following of fine; to workers caused damage of, should bear compensation responsibility: (a) not developed wage paid system of; (ii) developed of wage paid system not to workers announced of; (three) not to workers I provides wage paid listing of; (four) not save wage paid voucher of;
    (E) provisions will be paid wages for non-salary expenditures.
    40th employer forged, altered, hiding and destruction payroll records, the administrative departments of labor security rectification, with more than 5000 10000 Yuan fines; its legal representatives or directly responsible to the person in charge shall be fined not more than 1000 Yuan more than 5000 Yuan.
    41st an employer under any of the following violations of the legitimate rights and interests of workers, by the administrative departments of labor security ordered to pay workers their wages and wage 25% compensation: (a) deducted or labourers for no reason wage, (ii) refuses to pay workers to work longer hours and (iii) of worker's salary is lower than the local minimum wage.
    Employer refused to pay within the prescribed period the employee wages and compensation, fined not more than 5000 Yuan more than 30000.
    42nd the employer's decision to the administrative departments of labor security delays in refusing to implement the labour and social security administrative departments may apply to a people's Court for compulsory execution.
    Article 43rd labor Security Administration Department and other relevant departments of dereliction of duty, abuse of power, favoritism and constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
                                                                  Fifth chapter supplementary articles article 44th these measures shall take effect on January 1, 2004.