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工资支付暂行规定 Payment of Wages Tentative Provisions

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劳部发[1994]489号
(Issued by the Ministry of Labour on 6 December 1994 and effective as of 1 January 1995.)
颁布日期:19941206  实施日期:19950101  颁布单位:劳动部

  Article 1 These Provisions are formulated in accordance with the PRC, Labour Law in order to protect the rights of labourers in receiving labour compensation through labour and standardize payment of wage activities by employing work units.

  Article 2 These Provisions shall apply to enterprises and individual economic organizations in the PRC (hereafter collectively called “employing work units”), and labourers that have formed a labour relationship with them.

  State authorities, institutional organizations, social organizations and labourers that have established a labour relationship with them shall proceed in accordance with these Provisions.

  Article 3 In these Provisions, the term “wages” shall refer to wage compensation paid in any manner to labourers by employing work units in accordance with the provisions of a labour contract.

  Article 4 The term “payment of wages” primarily includes: itemization of wage payments, wage payment levels, method of payment of wages, recipient of payment of wages, time of payment of wages, and wage payments in special circumstances.

  Article 5 Wages shall be paid with legal tender. Material goods and valuable securities may not be substituted for payment of legal tender.

  Article 6 An employing work unit shall pay wages to labourers personally. When labourers, for valid reasons, are not able to obtain their wages personally, their relatives or other appointed persons may obtain their wages on their behalf.

  An employing work unit may appoint a bank to distribute wages on its behalf.

  An employing work unit must record in writing the amount, time of distribution and name and signature of recipient of wages paid to labourers, and maintain such records for at least two years, for future reference. When an employing work unit pays wages, it shall provide a copy of his/her individual wage account to each labourer.

  Article 7 Wages must be paid on the date agreed upon by the employing work unit and the labourer. If such date falls upon a holiday or rest day, wages shall be paid in advance on the nearest working day. Wages must be paid at least once a month, and where a weekly, daily or hourly wage system is implemented, wages may be paid based on weeks, days or hours.

  Article 8 For a labourer that is to complete one course of temporary work or one specific job, the employing work unit shall pay the labourer's wages after his/her work duties are completed, in accordance with the provisions of the relevant agreement or contract.

  Article 9 Where both parties in a labour relationship lawfully terminate or cancel a labour contract, the employing work unit shall pay the wages of the labourer in full in a single amount when the labour contract is terminated or cancelled.

  Article 10 Where a labourer legally participates in social activities during his/her lawful working time, the employing work unit shall regard such time as equivalent to normal work time and pay his/her wages accordingly. Social activities include: exercising the lawful right to vote or right to be elected; being elected as a representative to attend meetings convened by organizations such as the government at county (town) or district level or above, political parties, labour unions, the youth league, or the women's federation; acting as a witness at a people's court; attending a Model Worker or Advanced Worker meeting; production or work time occupied by labour union activities of committee members not withdrawn from production in basic-level committees of labour unions, as stipulated in the PRC, Labour Union Law; and other social activities lawfully participated in.

  Article 11 Where labourers lawfully enjoy annual leave, home leave, marriage leave or funeral leave, the employing work unit shall pay the wages of labourers in accordance with the standards stipulated in the labour contract.

  Article 12 Where an employing work unit ceases operation or ceases production in a wage payment period for reasons other than those due to the labourers, the employing work unit shall pay the wages of labourers in accordance with the standards stipulated in the labour contract. Where such situation continues for more than one wage payment period: if labourers have worked as normal, the labour compensation paid to such labourers must not be less than the local minimum wage standard; and if the labourers have not worked as normal, the matter shall be handled in accordance with relevant State provisions.

  Article 13 Where, after a labourer completes his/her labour quota or stipulated work duties, the employing work unit arranges for the labourer to work beyond the statutory standard working time, based on actual requirements, wages shall be paid in accordance with the following standards:

  1. where an employing work unit lawfully arranges for a labourer to extend his/her working time beyond the statutory standard daily working hours, it shall pay wages to the labourer of not less than 150% of the hourly wage standard for the individual labourer stipulated in the labour contract;

  2. where an employing work unit lawfully arranges for a labourer to work on a rest day, and is not able to arrange a compensatory rest period, it shall pay wages to the labourer of not less than 200% of the daily or hourly wage standard for the individual labourer stipulated in the labour contract; and

  3. where an employing work unit lawfully arranges for a labourer to work on a statutory holiday or vacation period, it shall pay wages to the labourer of not less than 300% of the daily or hourly wage standard for the individual labourer stipulated in the labour contract.

  Where an employing work unit arranges extended working time for labourers paid a piece rate wage who have completed their piece rate quota, their wages shall be paid in accordance with the above stipulated principles: not less than 150%, 200% or 300%, respectively, of the piece rate for work completed in the statutory working time for the individual.

  Where a work system based on the comprehensive calculation of man hours is implemented with the approval of the administrative department of labour, the portion of comprehensively calculated working time that exceeds the statutory standard working time shall be regarded as extended working time and the labourers shall be paid wages for extended working time in accordance with these Provisions.

  For labourers not working under a fixed man hours system, the above provisions shall not be implemented.

  Article 14 Where an employing work unit is lawfully declared bankrupt, labourers have the right to obtain their wages. An employing work unit that has gone into liquidation shall first pay wages owed to labourers of the work unit, in accordance with the liquidation procedures stipulated in the PRC, State Enterprise Insolvency Law.

  Article 15 An employing work unit must not improperly deduct labourers' wages. In any one of the following situations, an employing work unit may deduct labourer's wages:

  1. an employing work unit deducts and submits personal income tax;

  2. an employing work unit deducts and submits any item of social insurance expense that should be undertaken personally by the labourer;

  3. child support payments or alimony that is required to be deducted in a judgement or ruling by the court; and

  4. other expenses that laws or regulations stipulate may be deducted from the wages of labourers.

  Article 16 Where losses are suffered by an employing work unit due to reasons related to an individual labourer, the employing work unit may require him to compensate for economic losses in accordance with the terms of the labour contract, and compensation for economic losses may be deducted from the wages of the individual labourer. However, the amount deducted every month must not exceed 20% of the wages of that labourer for that month. If the amount of the remaining wages after such deduction is less than the local minimum monthly wage standard, payment shall be made in accordance with the minimum wage standard.

  Article 17 An employing work unit shall formulate an internal wage payment system through consultation in a meeting with the employees or the employee representatives or through other forms of consultation, in accordance with these Provisions, and shall notify the entire body of labourers in the work unit, and at the same time report the matter to the local administrative department of labour for the record.

  Article 18 Administrative departments of labour at every level have the right to supervise the wage payments of employing work units. Where an employing work unit violates the lawful rights and interests of labourers in any of the following ways, the administrative department of labour shall order it to pay wages and economic compensation to the labourers and may order it to pay damages:

  1. improper deduction of wages to labourers or delinquency in payment of wages to labourers without valid cause;

  2. refusal to pay wages for extended working hours to labourers; or

  3. payment of wages to labourers that is below the local minimum wage standard.

  Standards for economic compensation and damages shall be implemented in accordance with relevant State provisions.

  Article 19 Where a dispute arises between a labourer and an employing work unit in the payment of wages, the parties may apply for arbitration to the labour dispute arbitration authority in accordance with the law. Where a party is not satisfied with the arbitration ruling, such party may initiate an action with the people's court.

  Article 20 These Provisions shall be implemented as of 1 January 1995.

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