Interim Provisions On The Minimum Wage, Tibet Autonomous Region

Original Language Title: 西藏自治区企业最低工资暂行规定

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(June 17, 2003 the people's Government of Tibet Autonomous Region, the 13th Executive meeting on June 23, 2003, people's Government of Tibet Autonomous Region, the 54th published) first in order to meet the needs of the Socialist market economy to protect individuals and their basic life support population, maintaining the lawful rights and interests of workers, in accordance with the People's Republic of China labor law, combined with State practice, these provisions are formulated.
    Provisions of this article apply to autonomous region within the administrative area of all types of enterprises, individual business (hereinafter referred to as the employer) establishes labor relationship and the workers.
    Article minimum wages in these rules refers to provide normal work in the statutory working time, the employer shall pay the lowest wages.
    Minimum wage refers to the amount of the minimum wage unit-labor-time.
    The minimum wage does not include the following: (a) non-monetary subsidies paid to workers of the employer, (ii) overtime wages, (iii) laws, regulations, rules, policies and regulations of labor insurance benefits; (d) shift, night shift, high temperature, low temperature, underground, hazardous work and other special allowances received by environmental conditions.
    Article fourth approved in accordance with the laws and regulations of the worker vacation, visiting relatives, marriage, birth and death of the immediate family holidays, and participating in social activities according to law, as providing normal labor.
    Fifth people's Governments above the county level shall strengthen leadership of the present provisions.
    Stipulated by the labour and social security administrative departments at all levels are responsible for the implementation, supervision and inspection, and shall cooperate with the Government departments concerned.
    Sixth levels of trade unions shall have the right to supervise the implementation of the provisions of, maintaining the lawful rights and interests of workers. Article seventh minimum wages calculated according to the month and day.
    Implementation of piece rate or percentage of wages and other forms of payment shall, not less than the minimum wage requirement for month, day, event.
    Eighth district-wide minimum wage standards, proposed by the State administrative departments of labor security estimates and programme, and autonomous region people's Government for approval before implementation.
    (City) should be within the autonomous region people's Government approved the implementation of the minimum wage, choose local real minimum wages, reported to the competent administrative Department of labour and social security of the autonomous region promulgated for implementation after approval, and published in the local media to the community.
    Determine or adjust minimum wage once a year.
    Nineth minimum wage should refer to statistical offices to provide for the determination of population of local labourers themselves and the average maintenance of the minimum cost of living, social average wage levels, productivity, employment status and level of economic development and other factors, higher local unemployment insurance and minimum living standards for urban residents, less than the average wage in society.
    Article tenth when employers and workers signed labor contracts, agreed wages or actual wages paid to workers, shall not be less than location (City) announced the implementation of a minimum wage.
    Employers must be in accordance with the State and the autonomous communities the provisions of or the amount stipulated in the labor contract to pay workers ' wages, shall not be reduced by the application of the minimum wage worker wages.
    11th minimum wage dispute between employers and workers, labor and social security administrative departments at all levels shall, in accordance with the People's Republic of China labour dispute Ordinance and the Tibet Autonomous Region, the enterprise labor dispute settlement process. 12th the employer in violation of the provisions of article tenth, be ordered by the administrative departments of labor security, where within a retroactive salaries owed to workers, depending on their length of arrears of wages paid to workers compensation.
    Within one month over unpaid 10th, 25% of the owed wages to the workers compensation; owed more than a month, three months or less, 50% of the owed wages to the workers compensation; arrears of three months or more, 100% of the owed wages to the workers compensation.
    13th owed wages and the employer refused compensation, administrative departments of labor security may give a warning, no rectification punishable owed wages and compensation, 1 to 3 times of the total fine.
    14th if an employer refuses to accept the decision on administrative penalty, according to the People's Republic of China administration reconsideration law and the People's Republic of China administrative litigation law of the provisions may apply for administrative reconsideration or bring an administrative suit.
    Applicant fails to bring the 15th article, nor implements the reconsideration decision, made the decision on administrative penalty of the administrative departments of labor security apply to the people's Court for compulsory execution.
    16th article of the specific problems in the implementation of the provisions interpreted by the labour and social security administrative departments in charge of the autonomous region.
                                                              17th these provisions come into force on August 1, 2003.