Key Benefits:
(Summit No. 54 of 23 June 2003 of the People's Government of the Tibetan Autonomous Region) Article 1 guarantees the basic life of workers and their dependants, the legitimate rights and interests of workers, in line with the People's Republic of China Labour Code, and establishes this provision in conjunction with the self-government sector. Article 2. This provision applies to all types of enterprises, individuals and businesses within the administrative region of the self-government region (hereinafter referred to as agents) and workers with labour relations. Article 3 states that the minimum wage referred to in this article refers to the fact that the worker provides a normal labour within the time of the statutory work, with the lowest wage paid by the user unit. The minimum wage criterion refers to the amount of the minimum wage for the unit's labour time. The minimum wage does not include the following: (i) Payment of non-monetary subsidies to workers by a person unit; (ii) Gabanga pay; (iii) Treatment of labour insurance benefits under laws, regulations, regulations and policies; (iv) Allowances paid under special working environment conditions such as secondary, night classes, high temperature, underholes and toxic hazards. Article IV workers are deemed to provide regular labour with the granting of leave, family visits, marriage, maternity and leave for the death of their immediate family members, as prescribed by the law. Article 5 The executive authorities at all levels are responsible for implementing and monitoring inspections by the organization under this provision, and the relevant sectors should be actively involved. Article 6. Trade union organizations at all levels have the right to monitor the implementation of this provision in accordance with the law and to defend the legitimate rights and interests of workers. Article 7. Minimum wage standards are calculated on a monthly and daily basis. The form of payment such as the payment of wages or wages shall be calculated in accordance with the minimum wage of less than the month and the day. Article 8. The minimum wage for enterprises throughout the region is measured by the executive authorities of the self-government sector, and programmes are presented to the Government of the people of the self-government. All regions (markets) should choose, within the Minimum Wage Standards approved by the Government of the People of the Autonomous Region, the minimum wage applicable to local practice, to be published after the approval of the executive authorities of the self-government area, and to be made public in the local main media. The minimum wage standards are determined or adjusted once a year. Article 9. The minimum wage criteria should be determined taking into account the minimum cost of living for local workers and their average dependants, the level of social average wages, labour productivity, employment status and economic development, higher than the minimum standard of living for local urban residents and the unemployment insurance rate, which is lower than the social average. Article 10. When a worker enters into a labour contract with the worker, the agreed wage treatment or the actual payment of the wages paid to the worker shall not be lower than the minimum wage applicable to the location (market). The user unit must pay the worker's wages in accordance with the provisions of the State and the self-government area or the amount agreed to in the labour contract, without reducing the wage treatment of the worker as a result of the implementation of the minimum wage. Article 11 Disputes between the user unit and the worker regarding the minimum wage shall be dealt with by the executive authorities at all levels of labour security in accordance with the National People's Republic of China's Business Disputes Regulation and the Business Disputes of the Tibetan Autonomous Region. Article 12 Over a month of payment, 25 per cent of the salary paid to the worker was paid to the worker; 50 per cent of the salary paid to the worker for more than one month; and more than three months to pay more than 100 per cent of the salary paid to the worker. Article 13 rejects the payment of wages and compensation payments, and the labour security authorities may give warnings and remain incorrect and may be fined by the amount of the paid salary and compensation. Article 14. Article 15. The applicant's late prosecution and non-compliance with the review decision shall apply to the People's Court for enforcement by the competent labour security authorities that make administrative sanctions decisions. Specific issues in the implementation of this provision are explained by the executive authorities of the self-government sector. Article 17 |
