(Adopted by the 57th ordinary meeting of the Government of the Shanghai City on 21 September 2009, No. 19 of the Order of the People's Government of Shanghai on 25 September 2009)

The Government of the city has decided to amend the following provisions for the mobilization and payment of mattresses for enterprises in the Shanghai City:

Amend Article 6 as follows:

The Human Resources and Social Security Service of the Shanghai City (hereinafter referred to as the Directorate for Human Resources Security in the city) is the competent authority for paid security in the city and performs the following duties:

(i) The development of the relevant management system for the payment of compensation;

(ii) Approval, decision to pay less than the amount specified;

(iii) Disadvantages paid to less-paying enterprises for payment by their decisions;

(iv) To guide, monitor the unpaid work of the Directorate for Human Resources and Social Security in Districts (hereinafter referred to as the Regional Bureau for Human Security);

(v) Other responsibilities to be performed in accordance with this provision.

The Regional Bureau for Human Resources Security is responsible for pay security in the current administration area and performs the following duties:

(i) To receive payment requests for mattress payments in the current administrative region and in the city's Human Resources Security Agency;

(ii) Approval, decision-making of payments within the amount specified;

(iii) Disadvantages paid to paid enterprises;

(iv) Other responsibilities to be performed in accordance with this provision.

The amount referred to in paragraphs 1, 2 and 2, is determined by the Urban Human Resources Security Agency.

Amend Article 7 as follows:

The pay guarantees are governed by the income and expenditure line, with the establishment of a financial exclusive and dedicated unit.

The Social Security Service of the city has paid a pay guarantee to the Human Resources Authority of the District, which is deposited with the specialised families of the District Human Security Agency, and administers the accounts. Specific management approaches are developed by the Urban Human Resources Security Agency with the Municipal Finance Agency.

The requirements for unpaid work are included in the same-level financial budget, as required.

Amendments to Article 12 shall:

In accordance with the income and expenditure of the pay-for-payment pension, the National Human Resources Security Service may, in due course, make proposals for the adjustment of the payment rate or for the suspension of the payment of the pay-for-feed-for-feasing payments, be implemented after approval by the Government of the city and made public.

Amend article 16 as follows:

Workers apply for payment of mattresses, which should be submitted to the District Agency for Human Security within 30 days of the date of receipt of material demonstrating the pay.

Workers may, for non-profit reasons, extend their application as appropriate.

Paragraph 1 of Article 17 reads as follows:

After receipt of the application by the Regional Human Resources Security Agency, it should be promptly reviewed and, within 10 working days, make a decision to grant or not to pay; and, with respect to payments exceeding the amount specified, it should be reported to the Urban Human Resources Security Agency for its review.

Article 29:

The joint meeting on the coordination of labour relations in the Shanghai City could provide regular research and coordination on issues related to the paid work of the city.

Article 31:

The human resources and the social security administration can be recognized by enterprises in terms of guaranteeing workers' rights and promoting harmonious labour relations.

Other language changes:

(i) In articles 9, 10, 25 and 28, the “Environmental Labour Guarantee Authority” was amended to read “The Urban Human Resources Security Agency”;

(ii) Article 13, Article 24, “Financing of the labour security administration”, article 17, paragraph 2, 18, article 20, paragraph 1, 22, article 23, and article 26, “The Municipal Labour Guarantee Agency”, are amended to read “Human resources and social security administration”;

(iii) In article 14 delete “The Municipal Labour Security Agency”.

In addition, the order of some provisions is adjusted accordingly in accordance with this decision.

This decision is implemented since the date of publication. A number of provisions for the raising and payment of mattresses in the Shanghai City have been released in accordance with the consequential changes and adjustments in this decision.

Annex: Several provisions (Amendment of 2009) for raising and mattressing by the Shanghai City Enterprise (see annex).

(Act No. 72 of 21 June 2007 of the Supreme People's Government Ordinance No. 72 of 25 September 2009, amended by the Decision of the Government of the Shanghai Municipalities to amend the provisions of the Reimbursement and Mixeds of the Shanghai Communiqué, issued by Decree No. 19 of 25 September 2009)

Chapter I General

Article 1

In order to help workers address the difficulties of temporary life due to the lack of wages of enterprises, to maintain social stability, and to establish this provision in accordance with the spirit of the State's documentation and the provisions of the Shanghai City for employment.

Article 2 (Definition)

The payment referred to in this provision refers to the fact that enterprises should pay unpaid wages to workers and the economic compensation paid to workers for dismissal and termination of labour contracts.

Article 3

This provision applies to the payment of paid compensation payments by enterprises within the scope of the city, as well as the application by workers for pre-payments due to their contribution.

This provision is not applicable for construction enterprises to introduce a wage guarantee system.

Article IV

The principle of social solidarity, emergency assistance and limited mattress payments is guaranteed, and workers are encouraged to pursue their pay through legal means and defend their legitimate rights and interests.

Article 5 (Financing of funds)

The city established a pay guarantee. Sources of the pay guarantee include:

(i) The payment of paid pay and its interest income to enterprises;

(ii) The proceeds of the recovery of the mattress payments;

(iii) Financial subsidies;

(iv) Other income.

Chapter II

Article 6 (Management)

The Human Resources and Social Security Service of the Shanghai City (hereinafter referred to as the Directorate for Human Resources Security in the city) is the competent authority for paid security in the city and performs the following duties:

(i) The development of the relevant management system for the payment of compensation;

(ii) Approval, decision to pay less than the amount specified;

(iii) Disadvantages paid to less-paying enterprises for payment by their decisions;

(iv) To guide, monitor the unpaid work of the Directorate for Human Resources and Social Security in Districts (hereinafter referred to as the Regional Bureau for Human Security);

(v) Other responsibilities to be performed in accordance with this provision.

The Regional Bureau for Human Resources Security is responsible for pay security in the current administration area and performs the following duties:

(i) To receive payment requests for mattress payments in the current administrative region and in the city's Human Resources Security Agency;

(ii) Approval, decision-making of payments within the amount specified;

(iii) Disadvantages paid to paid enterprises;

(iv) Other responsibilities to be performed in accordance with this provision.

The amount referred to in paragraphs 1, 2 and 2, is determined by the Urban Human Resources Security Agency.

Article 7. Financial management

The pay guarantees are governed by the income and expenditure line, with the establishment of a financial exclusive and dedicated unit.

The Social Security Service of the city has paid a pay guarantee to the Human Resources Authority of the District, which is deposited with the specialised families of the District Human Security Agency, and administers the accounts. Specific management approaches are developed by the Urban Human Resources Security Agency with the Municipal Finance Agency.

The requirements for unpaid work are included in the same-level financial budget, as required.

Article 8

The Social Security Monitoring Committee of the Shanghai City oversees the use of paid and paid compensation payments.

Chapter III

Article 9

The Social Insurance Agency, which is a member of the Directorate of Human Resources in the city, is specifically responsible for the payment of the paid compensation.

Article 10

Enterprises within this city should pay paid payment of paid expenses within the time period specified by the HRW.

The corporate subsidiaries that receive the licence of business should pay their pay payments separately.

The payment of unpaid insurance payments by enterprises is charged at the cost.

Article 11

Each year, the corporate branch pays a pay premium. The specific amount of the contribution is the amount of the monthly minimum wage set for this city.

Article 12

In accordance with the income and expenditure of the pay-for-payment pension, the National Human Resources Security Service may, in due course, make proposals for the adjustment of the payment rate or for the suspension of the payment of the pay-for-feed-for-feasing payments, be implemented after approval by the Government of the city and made public.

Chapter IV

Article 13

In one of the following cases, the enterprise was unable or temporarily unable to pay the pay, and the paid worker could apply for mattress payments:

(i) The fact that the business has been confirmed by the enterprise, enterprise liquidation organizations or by the human and social security administration or the labour dispute resolution body, as a result of the declaration of insolvency, dissolution or removal of the settlement process;

(ii) Business has ceased to operate for reasons such as the concealment and departure of the operator, and the fact of pay has been confirmed by the human resources and social security administration or by the labour dispute resolution body.

In addition to the above-mentioned circumstances, due to a possible major conflict in the payment of corporate wages, the administrative body responsible for dealing with disputes has identified the situation of the dispute and the facts of the pay, and the paid worker may apply for mattress payments.

Article 14.

In the circumstances set out in article 13 of this provision, the following persons are not paying their salaries:

(i) A statutory representative or operator of a paid enterprise;

(ii) Near relatives who live jointly with former personnel in paid enterprises;

(iii) Persons with less than 10 per cent of the value of the paid enterprise;

(iv) The monthly wage exceeds three times the average monthly salary level for the workers in this city;

(v) A cumulative amount of less than 200 dollars.

Article 15

The applicant shall provide his own identity certificate, proof of labour relations, complete the application for payment of mattresses and provide relevant material that can demonstrate the facts of the pay.

As provided for in article 13, paragraph 2, of the present article, the applicant is also required to provide the related material that is required for the payment of the salary by the administrative body dealing with the dispute.

Article 16

Workers apply for payment of mattresses, which should be submitted to the District Agency for Human Security within 30 days of the date of receipt of material demonstrating the pay.

Workers may, for non-profit reasons, extend their application as appropriate.

Article 17

After receipt of the application by the Regional Human Resources Security Agency, it should be promptly reviewed and, within 10 working days, make a decision to grant or not to pay; and, with respect to payments exceeding the amount specified, it should be reported to the Urban Human Resources Security Agency for its review.

The Human Resources and Social Security Administration decides not to pay mattresses without prejudice to the right of the applicant to pay the pay dues in accordance with labour inspection, labour disputes and other relevant legal regulations.

Article 18

The human resources and social security administration conducts a review of the application materials and needs to be informed of the paid situation, which should be synchronized by the applicant, the paid enterprise and the relevant institutions and organizations.

Article 19

The amount owed for less than six months is calculated on the basis of the actual monthly salary; over six months, according to six months.

The monthly salary arrears or the monthly economic compensation rate higher than the monthly minimum wage for workers in the current city are calculated according to the monthly minimum wage standards; the amount of the payment is calculated in accordance with the actual salary levels below the monthly minimum wage.

Chapter V

Article 20

Workers receive unpaid mattress payments, and the human resources and social security administrations make payments to enterprises for part of the payment.

The worker has been given less pay mattress payments without prejudice to the right of the enterprise to pay other paid portions in accordance with the law.

Article 21

Enterprises should pay in a timely manner the payment of unpaid mattress payments.

Article 2 (Application of remedies for non-payment of obligations)

The executive branch of human resources and social security may apply, in accordance with the law, to the enforcement of the People's Court or to the People's Court for prosecution.

Article 23

The human resources and the social security administration may participate in property allocation in the form of participation in the meetings of creditors, as well as receive priority under the law, in accordance with article 13, paragraph 1 (a) of this provision.

Chapter VI Legal responsibility

Article 24

Enterprises are not in arrears in the payment of wages for workers or have not paid economic compensation under the law and are inspected by the Human Resources and Social Security Administration in accordance with the Labour Guarantee Monitoring Regulations and the relevant provisions of this city.

Article 25

The enterprise did not pay the payment of the pay-for-feasury payments under the provisions, which were paid by the Urban Human Resources Social Security Agency for a period of time, which was not paid until the date of the payment, and was fined up to $3000 million. The garner was incorporated into the pay guarantee.

Article 26

The provision of false information or the misconception of payment mattresses by human resources and the social security administration is responsible for refunding; constitutes an offence punishable by law.

Article 27

The abuse of authority, provocative fraud, malfunctioning, and administrative disposition by the relevant authorities, which constitutes a crime, is criminally criminalized by law.

Chapter VII

Article 28

The Urban Human Resources Security Agency should report annually to the Government of the city on the use of payment and pay-for-feasing payments for the previous year.

The audit department conducts an audit of the payments of the pay-for-feasury.

Article 29 (Coordination mechanism)

The joint meeting on the coordination of labour relations in the Shanghai City could provide regular research and coordination on issues related to the paid work of the city.

Article 31 (Acknowledgement)

The human resources and the social security administration can be recognized by enterprises in terms of guaranteeing workers' rights and promoting harmonious labour relations.

Article 31

This provision was implemented effective 1 October 2007. The Government of the Shanghai City introduced the pilot scheme for the payment of small-scale enterprises in the Shanghai City on 25 November 1999 (No. [1999]043) and the implementation of the award of payment for small-scale enterprises in this city on 8 August 2000 (No. [2000]038) was abolished.