Key Benefits:
(Adopted at the 19th ordinary meeting of the Government of the Southern Province, on 7 November 2003, No. 181 of the Order of the People's Government of the Southern Province of Lake Lakes, which was published as effective 1 January 2004) Chapter I General Article 1, in order to strengthen the supervision of the payment of wages by the user unit and to protect the right of workers to obtain labour compensation, develop this approach in line with the Labour Code of the People's Republic of China and other relevant laws, regulations and regulations. Article II applies to the payment and supervision of the salaries of various enterprises within the province's administration, the individual economic organization (hereinafter referred to as the user unit). The wage referred to in this approach refers to the payment of labour payments to workers in monetary form, in accordance with the State's relevant provisions or the agreement of the labour contract. Article 3. The right of workers to receive compensation for their labour is guaranteed by law. The user unit shall pay the worker's wages in full and in a timely manner and shall not be deducted or unpaid. Article 4 The relevant sectors, such as public security, construction, etc., at the district level, are managed in accordance with their respective responsibilities. Article 5 Trade unions at all levels monitor wage payments by law and have the right to put an end to the offences committed by the user unit. Chapter II Article 6. The user unit shall determine the level of the salary in accordance with the macro-controlled policy allocated to the State's salary and shall be paid in accordance with the relevant provisions of the State. The salary paid by the user unit shall not be used for non-payment. Article 7. Users' units establish internal wage payment systems under the law through the General Assembly of Employers, the Staff Union Congress or other forms of democratic consultation, and are made available to workers in this unit. The user units implementing the collective consultation system should enter into collective bargaining agreements with employee representatives on wage payments. Article 8. Labour contracts concluded by a person's unit with the worker shall expressly agree on the relative wage payment of the worker's jobs in accordance with the State's relevant provisions and the pay payment system of the unit. The salary payments include, inter alia, wage payment standards, payment projects, forms of payment, time payments and other wage matters agreed by both parties. Article 9. The wages shall be paid in the form of a statutory currency and shall not be paid in the form of physical, price or other illegal currency. Article 10 pays wages for workers by a person's unit shall not be lower than the local minimum wage. Article 11. The user unit shall pay the wages to the worker himself. When the worker is unable to pay, he or she may be entrusted in writing. The user unit entrusted the bank with the payment of the salary and should place the wages on its own account. Article 12. Payments of wages by a person's unit shall be made in the form of a wage payment form and the payment of wages to workers themselves. Employers receive wages and shall be subject to contracting procedures. The wage payment schedules developed by the user unit must contain payments units, time payments, names of the beneficiaries, working days, overtime hours, items and amounts to be issued, deductions and items and amounts. The user units shall not be forged, altered, concealed and destroyed. Article 13 User units should pay a salary to workers at least once a month. The monthly wage system should be introduced by the user unit to pay the salary in accordance with the terms of the pay system of the unit or the date of the labour contract agreement. Payments should be made in advance if the statutory holiday or the day of recuperation. In the event of the introduction of the annual salary system or payment of wages according to the examination nuclear cycle, the user unit shall pay the salary in accordance with the agreement or at a monthly rate that is not less than the local minimum wage, which shall be closed at the end of the year or at the expiration of the nuclear cycle. A weekly, daily and hourly wage system could be paid by week, day and hour. The continuing working hours do not exceed one month of temporary labour, and the unit of the person shall pay the wages in accordance with the agreement of the parties after the workers complete their labour tasks. Article 14. The employee's unit terminated or dismissed the labour contract by law, paying the wage to the date of termination or dismissal of the labour contract and paying the worker's wages for a lump sum within three days of termination or dismissal of the labour contract. Article 15. Employees' units shall pay wages in accordance with the following criteria, depending on the actual need for workers to work outside the statutory working hours: (i) Arrange for the extension of working hours beyond the statutory working hours of the day, paying wages in accordance with the standard of salary for workers who are not less than 50 per cent of the hourly wage of the labour contract; (ii) Arrange for the work of the worker on the rest day and cannot be rescheduled, paying the salary of 20 per cent of the worker's daily or hourly wage rate under the labour contract; (iii) The work of the worker on the statutory leave date shall be paid at 30 per cent of the worker's daily or hourly wage rate under the labour contract, which does not allow for the replacement of the pay. Article 16 arranged for work of workers whose salary system was paid outside the statutory standard working hours, according to article 15 of this scheme, paying wages by 50%, 200 per cent, and 30 per cent, respectively, in accordance with the provisions of article 15 of the scheme. Article 17, by virtue of approval by the Labour Guarantees Administration of the introduction of an integrated calculation of work-time-working unit, its workers shall be treated as an extension of working hours in an integrated manner that exceeds the statutory standard working hours and shall pay the wages of workers for the extension of their working hours in accordance with article 15, subparagraph (i) of this scheme; Article 18, with the approval of the Labour Guarantees Administration of the introduction of a non-satisfiable workplace-based unit, may not implement the payment of wages under article 15, subparagraphs (i), (ii) of this scheme, but the work of the worker is arranged on statutory holidays, paying the salary in accordance with article 15, subparagraph (iii) of this scheme. Article 19, statutory holidays are paid and the person's unit shall pay the worker's wages. In part of the citizen's holidays and observances, workers' leave is arranged by a person unit to pay wages to the worker; the work of the worker is arranged or to participate in the celebration. Article 20 provides that the worker shall pay the worker's wages in accordance with the relevant provisions of the State and the province during the period of the worker's annual leave, family leave, marriage leave. Workers require suspension of work-related medical treatment due to work injury or occupational illnesses, and the wage treatment during the suspension is carried out in accordance with the provisions of the State and the province relating to work injury insurance. The treatment of maternity leave, breastfeeding leave, maternity leave and maternity benefits between holidays, is carried out in accordance with the provisions of the State and the province relating to maternity insurance, family planning. Article 21 Workers participate in social activities in accordance with the law within the time of their statutory work, depending on their regular labour, and the person's unit should pay the wages. The scope of social activities is implemented in accordance with the relevant national provisions. In accordance with the relevant provisions of the State and the present province, workers shall pay their sick leave or illness relief expenses for the duration of the medical period provided for in article II. The sick leave or sickness relief rate shall not be less than 80 per cent of the local minimum wage. Article 23 does not cause suspension of work, suspension of production, and the chewing industry for workers, without more than one month, and the user units shall pay wages in accordance with the State's provisions or the wage standards agreed upon in the labour contract; more than one month, the work of the worker shall not be arranged and the user's unit shall pay the allowance for the suspension of work in accordance with the local unemployment insurance standards. Article 24, when a worker is suspected of having committed an offence in violation of his or her personal liberty by the judiciary, the person's unit may suspend the performance of the labour contract and pay the wages. The worker was sentenced by law to imprisonment for a probationary sentence, a probationary sentence for the application of custody or control, and the person's unit was not removed from the labour relationship and provided the worker with the regular work, and the unit should pay the wages in accordance with the State's provisions or the labour contract. Article 25. When a person's unit is in bankrupt or closed and disbanded in liquidation, the pay of the paid worker shall be paid first in accordance with the statutory liquidation order. Article 26 shall not, in addition to the following circumstances, deduct the worker's salary on any grounds: (i) The laws, regulations, regulations and regulations shall be taken by the user's unit and surrendered; (ii) A written agreement between the user unit and the worker to deduct from the salary; (iii) Other cases which may be deducted by law. Article 27 causes economic losses due to the worker's own cause, and the user unit may deduct its compensation from the worker's wages, but the remainder of the deduction is not less than the local minimum wage. Chapter III Oversight management When the Labour Security Administration oversees the payment of the royalties to the user unit, the user unit should provide information on the situation of the person concerned with the payment of wages, the wage payment schedule, the worker's voucher, the financial statements, the payment system for this unit, and the labour security administration should conservative commercial secrets for the user unit. The labour security administration oversees the performance of the duties of the inspector and must produce documents and act in good faith. In article 29, workers found one of the following cases in which they were entitled to report to the labour security administration: (i) No wage paid by workers in accordance with labour contracts; (ii) The payment of workers' wages below the local minimum wage; (iii) Certified or unpredictable arrears in the wages of workers; (iv) The refusal to pay for the payment of the worker's salary for extended working hours; (v) The loss of wages and the intention to transfer property, the intention of the statutory representative or the operator to avoid and escape anonym; (vi) Other acts that undermine the legitimate right of workers to work. Article 33 The Labour Guarantees Administration, in the case of a complaint filed by the inspectorate against workers' legitimate labour pay rights, shall provide a certificate of payment of wages within the prescribed period. The labour security administration can be determined directly in accordance with the worker's wage. Article 31 provides that a user unit cannot pay the worker's wages in full in accordance with the terms of the wage payment system or the time agreed by the labour contract, and shall report to the labour security administration and propose a treatment programme in advance or within three days of the late date. The labour security administration should review and monitor implementation of the reports and programmes of the user unit. Article 32, in the payment of wage offences by the Labour Security Administration, found that the unit should be prohibited by law by the local business administration when it was not operated. Article 33, when the trade unions at all levels monitor the payment of the royalties by the law, found that the person's unit had chewings and had no arrears in the payment of the wages and had the right to require its transformation; the refusal of the owner's unit to change, the trade union could make recommendations to the labour security administration; the labour security administration should be treated in accordance with the law after having received recommendations from the trade unions. Article 34 quantes and contractors do not settle their work payments under the contract, resulting in the contractor's arrears in the wages of the worker, and the labour guarantee that the executive branch may entrust the licensee with paying the worker's wages first. The salary paid by the licensor is limited to unliquidated works. Article XV assigns the engineering contract or subcontracts to units that do not have the corresponding qualifications, and the lender or contractor should assume the associated responsibility for pay. Where units that do not have the corresponding qualifications refuse to pay or fail to pay their wages, the labour security administration can be charged by the agent or contractor. Article 36 partners in partnership enterprises bear a joint responsibility for the unpaid workers' wages. The labour security administration can be tasked with paying other partners before payments are made by a partner who has fled anonymous or unable to pay their wages. Article 37 merged or pre-existing arrears in the wages of workers shall be liquidated at the time of consolidation or separation. Without liquidated obligations, the Labour Guarantees Administration could entrust with the task of changing the wages paid by the former units following their rights obligations. Article 338, a worker and an agent's unit may apply for arbitration to the Labour Dispute Arbitration Commission for the payment of the wage. When the Labour Dispute Arbitration Commission hears cases in which wages are paid, it is clear that non-payments lead to difficulties in the lives of workers and can be decided in part. The author's unit may apply for review by law to the former ruling organ. Chapter IV Legal responsibility Article 39 contains one of the following cases in which the labour security administration is changing by the time period of time, which is not reformulated and is fined by more than 5,000 dollars; and liability should be borne to the worker: (i) No wage payment system; (ii) The wage payment system established does not be made public to workers; (iii) No salary payments checklist for workers themselves; (iv) No certificate of payment of wages; (v) The wage to be charged as prescribed for non-payment. Article 40 false, altered, concealed, destroyed wage payment records by the labour security administration and fined by more than 5,000 dollars for its statutory representative or direct responsible supervisors. Article 40 contains one of the legal rights and interests of the worker, which is paid in full by the Labour Guarantees Executive Order, and amounts to 25 per cent of the wage: (i) Certified or unpredictable wages of workers; (ii) To refuse to pay for the extension of working hours; (iii) The payment of workers' wages is lower than the local minimum wage. A person's unit refused to pay the wages and compensation of the worker within the prescribed period, with a fine of up to $300,000. Article 42 states that the treatment of the labour security administration has been delayed and that the labour security administration can apply to the enforcement of the People's Court. Article 43 guarantees that the staff of the executive branch and other relevant departments play a part in the commission of criminal responsibility by law, in the event of negligence, abuse of their functions, instigation of private fraud, and in the absence of an offence, and in accordance with the law. Chapter V Article 44 |
