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深圳市员工工资支付条例 Public Notice of the Standing Committee of the Shenzhen Municipal People’s Congress

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深圳市人民代表大会常务委员会116号

(No. 116)

颁布日期:20041028  实施日期:20041201  颁布单位:深圳市人大常委会

  Regulations of the Shenzhen Municipality on the Wage Payment to Employees was adopted at the Thirty-Third Meeting of the Standing Committee of the Third Shenzhen Municipal People‘s Congress on August 27, 2004, approved at the Thirteen Meeting of the Standing Committee of the Tenth Guangdong Provincial People’s Congress on September 24, 2004, and is now promulgated. It shall take effect as of December 1, 2004.

  October 28, 2004

  Regulations of the Shenzhen Municipality on the Wage Payment to Employees

  (Adopted at the Thirty-Third Meeting of the Standing Committee of the Third Shenzhen Municipal People‘s Congress on August 27, 2004, approved at the Thirteen Meeting of the Standing Committee of the Tenth Guangdong Provincial People’s Congress on September 24, 2004)

  Chapter I General Provisions

  Article 1 In order to maintain the right of employees to have remuneration for labor and standardize the acts of wage payment, these regulations are hereby formulated in accordance with Labor Law of the People‘s Republic of China and other related laws, regulations, and in the light of the practical conditions of the Shenzhen City.

  Article 2 These regulations shall apply to the enterprises, individual organizations and other economic organizations (hereinafter referred to as employing units) within this municipality‘s administrative areas as well as the employees who have formed a labor relationship with these employing units.

  These regulations shall be complied with in implementation by government offices, institutions, social organizations and the employees who have formed a labor relationship with these employing units except civil servants, the personnel who are administered by referring to the rules concerning civil servants, etc.

  Article 3 The wage referred to in these regulations shall mean the remuneration for labor paid to employees in a monetary form by employing units according to the related rules of the state and an agreement between both parties of a labor relationship. But the following expenses which employing units bear for or pay to employees according to laws, regulations, rules shall not fall into wages:

  (1) social insurance expenses; (2) labor protection expenses; (3) welfare expenses; (4) a lump-sum severance pay for the termination of a labor relationship between an employing unit and an employee; (5) birth control expenses; (6) other expenses that are not part of wages.

  Article 4 The standard wage referred to in these regulations shall mean the

  remuneration for labor that an employee earns by providing normal labor for an employing unit within normal working hours, but not including the following items:

  (1) the remuneration for labor which has a payment term exceeding 1 month such as quarterly bonus, half year bonus, year-end bonus, year-end double pay, business royalty calculated on the basis of quarter, half year, year; (2) the remuneration for labor which has no regular payment term such as lump-sum bonuses, allowances, subsidies, etc.; the standard wage paid by an employing unit to an employee shall not be lower than the minimum wage.

  Article 5 An employing unit shall pay its employees wages on time and in full.

  Article 6 Wages shall be paid in a monetary form, and it shall not be allowed to

  pay wages in non-monetary form such as pay in kind, etc.

  An employing unit shall pay wages to employees at least once every month.

  Article 7 The administrative departments of labor security of the municipal, district people‘s governments (hereinafter referred to as the department of labor security) shall be responsible for supervision and inspection of the implementation of these regulations.

  The related departments of public security, industrial and commercial administration, construction shall, within their respective authorities, help the departments of labor security to have the wage payment of employing units well supervised and administered.

  Chapter II General Rules on Wage Payment

  Article 8 An employing unit shall formulate a wage payment system according to law through collective consultation or in other democratic ways, and make it public to all the employees of the unit.

  Article 9 An employing unit shall have agreements with employees on wages, payment term, date of payment, etc.

  Article 10 If an employing unit has a yearly salary system or it pays wages according to an assessment term, the unit shall pay part of wages in advance every month which should not be lower than the minimum wage.

  The payment term of overtime wages shall not exceed one month.

  Article 11 If a wage payment term is less than 1 month, an agreed date of wage payment shall not be later than the 7th day after the term expires; if a wage payment term is more than 1 month but less than 1 year, an agreed date of wage payment shall not be later than 1 month after the term expires; if a wage payment term is 1 year or more than 1 year, an agreed date of wage payment shall not be later than 6 months after the term expires.

  If a date of wage payment happens to be a legal holiday or a non-business day, the payment shall be made in a preceding business day.

  Article 12 If an employing unit is not able to pay wages at an agreed date of wage payment for a reason, the date of wage payment may be extended for 5 days; if the extension has to be more than 5 days because of difficulties in production and operation, a written agreement with the unit‘s trade union or employees themselves shall be reached, but the extension shall be no more than 15 days.

  Article 13 When a labor relationship between an employing unit and an employee is canceled or terminated according to law, the wages shall be paid in full within 3 business days from the date of cancellation or termination of the labor relationship if the wage payment term is less than 1 month; if the wage payment term is more than 1 month, the wages may be paid on an agreed date of wage payment.

  Article 14 An employee‘s wages shall be calculated to be paid from the date of starting a labor relationship with an employing unit to the date of cancellation or termination of such relationship.

  If an employee‘s monthly bonus, quarterly bonus, year-end bonus have not become due on the date of cancellation or termination of the labor relationship, they shall be calculated and paid according to the actual working hours.

  Article 15 An employing unit shall formulate a wage payment table for paying wages.

  A wage payment table shall have records of the name of the unit to make payments, period of wage calculation and payment, date of wage payment, names of employees, normal working hours, overtime working hours, items payable such as standard wages, overtime wages, etc., and items of deduction, amount, and account numbers of wages, etc.

  A wage payment table shall be kept at least for 2 years.

  When paying employees wages, an employing unit shall provide pay lists for the employees who should sign after receiving their pay lists. The contents of pay lists shall be in accord with those of wage payment tables, if employees take issue on their pay lists, an employing unit shall reply.

  Article 16 An employing unit shall pay wages to employees themselves.

  If an employing unit entrust a bank with wage payment, the wages shall be deposited into employees‘ personal accounts.

  If an employing unit makes wage payment to employees by cash, the employees shall take their wages in person and sing on the wage payment tables. If an employee cannot take wages in person for a reason, other persons may be entrusted with taking the wages instead, but a written authorization shall be provided. If an employee died, the heir or the devisee of this employee shall take the wages.

  Article 17 If an employing unit pays its employees wages on the basis of week, day, hour, the wages shall be calculated according 8 hours per day, 40 hours per week, 21.75 days per month on an average.

  Chapter III Rates of Overtime Wage Payment

  Article 18 If an employing unit is in one of the following situations, overtime wages shall be paid to employees according to the following rates:

  (1) in case of arrangement for an employee to work at the time beyond normal working hours, the overtime pay shall be no less than 150% of the employee‘s standard wage or piecework wage; (2) in case of arrangement for an employee to work on a non-business day, the pay shall be no less than 200% of the employee’s standard wage or piecework wage; (3) in case of arrangement for an employee to work on legal holidays, the pay shall be no less than 300% of the employee‘s standard wage or piecework wage.

  Article 19 Within the term of comprehensive calculation of working hours for the

  employees under the work system of comprehensive calculation of working hours, if an employing unit makes an arrangement for such an employee to work after the actual working hours of this employee have reached the normal working hours, it shall be regarded as overtime working, and the overtime pay shall be no less than 150% of the employee‘s standard wage or piecework wage.

  If an employing unit arranges for an employee under the work system of comprehensive calculation of working hours to work on a legal holiday, the overtime pay shall be no less than 300% of the employee‘s standard wage or piecework wage.

  Article 20 If an employing unit arranges for an employee under the work system of non-scheduled working hours to work on a legal holiday, the overtime pay shall be no less than 300% of the employee‘s standard wage or piecework wage.

  Chapter IV Rates of Vacation Wage Payment

  Article 21 If an employee takes a vacation on legal holidays, an employing unit shall pay wages.

  If an employee under the hourly wage system, day wage system and piecework wage system takes a vacation on legal holidays, an employing unit shall pay this employee the wages during the legal holidays which should be no less than the employee‘s own standard wage.

  Article 22 When an employee enjoys a maternity leave, a nursing leave, a leave for birth control surgery, etc., according to law, an employing unit shall see it as providing normal labor and pay wages.

  When an employee enjoys a yearly vacation, a home leave, a marriage leave, a funeral leave, etc., according to law, an employing unit shall pay the employee the vacation wage which should be no less than the employee‘s own standard wage.

  Article 23 If an employee is ill or injured for a reason not related to work and has to stop working for medical treatment, an employing unit shall, within the period of medical treatment prescribed by the state, pay the employee the wages for sick or injury leave which should be no less than the 60% of the employee‘s own standard wage, but may not be less than 80% of the minimum wage.

  Article 24 If an employee is injured in line of duty, the wages or work-related injury benefits shall be paid according to the related rules of employment injury insurance.

  Article 25 If an employee takes a leave for private affairs, an employing unit may not pay the employee wages during the leave.

  Article 26 Within the term of comprehensive calculation of working hours for the

  employees under the work system of comprehensive calculation of working hours, taking a break after the actual working hours have reached the normal working hours shall be seen by an employing unit as providing normal labor and the wage shall be paid for the break.

  Chapter V Wage Payment in Special Situations

  Article 27 If an employee is in one of the following situation within normal working hours, an employing unit shall regard it as providing normal labor and pay wages:

  (1) exercising the right to vote and stand for election; (2) attending the meetings of the organizations such as the peoples congress and its standing committee, governments, parties, labor unions, Communist Youth League, Women‘s Federation, etc. at district level or higher levers as an elected representative or member; (3) participating in trials as a people’s juror or taking part in the activities of litigation, arbitration as a witness; (4) participating in the activities of a trade union as a member of a grassroots committee of the trade union who is not released from production according to Law of the People‘s Republic of China on Trade Unions; (5) other situations stipulated by laws, regulations.

  Article 28 If an employing unit partly or entirely suspends production, operation

  for a reason which is not employee‘s own fault, the employing unit shall pay wages to the employee suspended from work during the period of suspension according to the following rates:

  (1) in case of being suspended from work for less than 1 month, the pay shall be 80% of the employee‘s own standard wage; (2) in case of being suspended from work for more than 1 month, the pay shall be no less than 80% of the employee’s own standard wage.

  Article 29 If an employee is suspended from work for the employee‘s own fault,

  an employing unit may not pay the employee wages during the period of suspension except that the suspension is verified as a result of a work-related injury.

  Article 30 If an employee is sentenced to public surveillance or penal servitude, placed on probation for fixed-term imprisonment or paroled, serving a sentence outside prison, out on bail to await trial with restricted liberty of moving, and the labor relationship has not been canceled, an employing unit shall pay wages according to the labor that the employee provides.

  Article 31 If enforcement measures have been taken to restrict an employee‘s right to freedom of the person because the employee is suspected of violating law or an administrative penalty to restrict the employee’s right to freedom of the person has been imposed, an employing unit may not pay wages during the period when the employee‘s right to freedom of the person is restricted.

  Article 32 When an employing unit goes into liquidation according to law because of bankruptcy, dissolution, or being terminated, the liquidating organization shall, according to the liquidation order stipulated by the related laws, pay the wages due to employees first.

  Chapter VI Withholding and Deduction of Wages

  Article 33 An employing unit shall withhold or pay the following expenses from employees wages on behalf of the employees according to law:

  (1) the personal income taxes of the employees‘ own wages; (2) the social insurance premiums born by the employees themselves; (3) the expenses of bringing up children, expenses of supporting family members, expenses of supporting parents and grandparents which should be paid by the employees according to a court decision put into execution with assistance of the employing unit; (4) other expenses that should be withheld or paid from the employees wages by the employing unit according to laws, regulations.

  Article 34 An employing unit may deduct the following expenses from

  employee‘s wages:

  (1) the compensation for the economic loss of the employing unit caused by the employees themselves; (2) the economic penalties for violation of disciplines imposed on the employees by the employing unit in compliance with the regulations and rules formulated according to law; (3) other expenses agreed on by the employee themselves.

  The remaining sum of an employee‘s wages after every month’s deduction by an

  employing unit of the expenses referred to in Items (1), (2) of the preceding section shall not be lower than the minimum wage.

  Chapter VII Minimum Wage

  Article 35 The minimum wage referred to in these regulations shall mean the minimum remuneration of labor that an employing unit should pay after an employee has provided normal labor within normal working hours. But the following items shall not be included as part of the minimum wage:

  (1) overtime wage; (2) allowances for working in special conditions of night shift, high temperature, low temperature, underpit operation, exposure to toxic and harmful materials, etc.; (3)other expenses which do not fall into wages according to the rules.

  Article 36 The minimum wage shall be determined by taking the minimum living cost of employees themselves and their supported family members on an average as a base and taking the following factors into comprehensive consideration:

  (1) the average wage level of a society; (2) the level of labor productivity and the level of economic development; (3) the state of employment; (4) the social insurance standards.

  The municipal department of labor security shall, jointly with the municipal department of state assets management, municipal federation of trade unions, municipal federation of chambers of commerce, study and determine the minimum wage, and report it to the municipal people‘s government (hereinafter referred to as the municipal government) for approval.

  Article 37 The minimum wage shall be adjusted once every year. The methods of such adjustment shall be decided separately by the municipal government.

  Article 38 The minimum wage shall be announced during the last ten days of June every year by the municipal government respectively in this city‘s major newspapers, radio stations and television stations. The units of press shall publish, broadcast it promptly.

  Article 39 An implementation year of the minimum wage shall be from July 1 of the year to June 30 of the next year.

  Article 40 The minimum wage shall take hourly wage as its basic form. As for the wage forms such as piecework wages or deduction wages, etc., their hourly wages shall be calculated according to normal working hours, and the corresponding sum as a result of calculation shall not be lower than the minimum hourly wage.

  Article 41 The municipal government may fix different minimum wages for the different administrative areas of this municipality on the basis of their specific conditions.

  Article 42 Within one month from the date when the municipal government announces the minimum wages, an employing unit shall notify its employees in writing of the rules of the municipal government on the minimum wages of the current year.

  Chapter VIII Supervision and Inspection

  Article 43 The municipal, district people‘s governments shall establish a system to monitor the wage payments of employing units and to supervise and inspect the credit information of the wage payments of these units.

  Article 44 The departments of labor security shall supervise and inspect the wage payments of employing units, and deal with illegal acts according to law. Employing units shall make truthful reports and provide the related materials and evidence when accepting such supervision and inspection.

  Article 45 When the departments of labor security supervise and inspect the wage payments of employing units according to law, the related departments of public security, industrial and commercial administration, and construction, etc., shall give assistance at the request of the departments of labor security.

  Article 46 The trade unions at various levels shall supervise the acts of wage payment of employing units according to law, have the right to stop the illegal acts of employing units and ask the departments of labor security to deal with the illegal acts of employing units.

  Article 47 Any organizations and individuals shall have the right to report to the departments of labor security and indict for the acts violating the laws, regulations on the wage payment.

  Article 48 If an employing unit is in one of the following situations, employees shall have the right to report to the departments of labor security:

  (1) the paid wages are lower than the minimum wage; (2) embezzling or defaulting employees‘ wages without reason; (3) the legal representative or the person in charge of operation has diverted assets, or escaped, hidden so that the wage payment to employees might be affected; (4) other situations which might affect the wage payments to employees.

  Article 49 After receiving a report, a department of labor security shall deal with

  and finish the case within 30 days from the date of accepting the case; if the circumstances are complicated, the deadline to close the case may be extended, but the longest time limit shall be no more than 60 days, and the reporter shall have a feedback on the settlement.

  Article 50 If an employing unit has embezzled, defaulted employees‘ wages without reason, or paid wages which are lower than the minimum wage, a department of labor security shall have the authority to ask the employing unit to submit the wage payment tables on the regular basis within one year.

  Article 51 If an employing unit has embezzled, defaulted employees‘ wages without reason, or paid wages which are lower than the minimum wage, a department of labor security may make it public according to the seriousness of circumstances.

  Chapter IX Legal Liabilities

  Article 52 If an employing unit is a partnership, its partners shall have joint and several liability, a partner who paid the defaulted wages first may recover the payment from other partners later according to law.

  Article 53 When undertaking construction activities, if units such as a unit in charge of construction, an enterprise as a general contractor of construction, etc., have given out a contract, subcontract or subletting contract, in violation of law, to an organization or individual unqualified as an employing subject for failure to go through industrial and commercial registration or unqualified in terms of appropriate aptitude, and this organization or individual has defaulted employees‘ wages, the unit giving out the contract shall pay the defaulted wages of employees for such an organization or individual.

  Article 54 In case of contracted management of an employing unit, if a contractor defaults employees‘ wages, the party giving out contract shall bear the corresponding legal responsibility according to law.

  Article 55 If an employing unit is in one of the following situations, a department of labor security shall give a warning, order correction by a deadline; in case of failure to make correction after the deadline, a fine of more than 10,000 but less than 50,000 RMB shall be imposed:

  (1)failure to make or keep the wage payment tables according to these regulations; (2) failure to provide the pay lists for employees according to these regulations; (3) failure to provide the wage payment tables for employees to sign when paying wages by cash.

  Article 56 If an employing unit is in one of the following situations, a department of labor security shall order correction by a deadline; in case of failure to make correction after the deadline, a fine of more than 30,000 but less than 50,000 RMB shall be imposed according to the seriousness of circumstances:

  (1) paying employees wages lower than the minimum wage; (2) embezzling or defaulting employees‘ wages without reason; (3) paying employees wages in non-monetary forms such as wage in kind, etc.

  Article 57 If an employing unit has paid employees wages lower than the

  minimum wage, the deficiency shall be made up, and the economic compensation equivalent to 200% of the gross amount of the deficiency shall be paid to employees as well.

  Article 58 If an employing unit has embezzled or defaulted employees‘ wages without reason, the employees’ wages shall be paid in full, and the economic compensation equivalent to 25% of the gross amount of the embezzled or defaulted wages shall be paid to employees as well.

  Article 59 If an employing unit, whose violation is reported, complained of, has refused to provide the related materials of the wage payments of the unit or hidden facts, provided false materials or hidden, destroyed the related materials when a department of labor security is supervising and inspecting the wage payments, a department of labor security shall impose a fine of more than 10,000 but less than 50,000 RMB according to the seriousness of circumstances, and may also impose a fine of more than 5,000 but less than 20,000 RMB on the chief responsible person and directly responsible persons of the employing unit.

  Article 60 If the party concerned has refused to accept a decision on administrative penalties made by a department of labor security, an application for administrative review may be filed according to law or an administrative action may be taken. If the party concerned has failed to apply for administrative review, to take administrative action, and to carry out the decision on administrative penalties, the department of labor security shall apply for coercive execution to the people‘s court according to law.

  Article 61 When supervising and inspecting the wage payments of employing units, the personnel of the departments of labor security and the related departments shall abide by the related rules and present valid certificates.

  Article 62 If the departments of labor security and the related departments have failed to execute duties according to these regulations, administrative sanctions shall be imposed on directly responsible chief officers and directly responsible persons according to law.

  If the personnel of the departments of labor security and the related departments have abused power, practiced favoritism and engaged in irregularities, and neglected duties, administrative sanctions shall be imposed according to law; if a crime has been constituted, the criminal responsibility shall be ascertained according to law.

  Chapter X Supplementary Provisions

  Article 63 The meaning of the following terms used in these regulations shall be as follows:

  (1) normal working hours shall mean the working hours fixed by an employing unit within legal working hours;

   (2) normal labor shall mean the labor that employees provide within normal working hours according to an agreement of both parties of the labor relationship;

   (3) embezzling wages shall mean the acts of an employing unit to withhold and cut employees‘ wages in violation of these regulations;

   (4) defaulting wages without reason shall mean the acts of an employing unit to fail to pay or to pay in full employees’ wages not because of force majeure after a deadline stipulated or endorsed by these regulations.

  Article 64 The municipal government may formulate detailed implementation

  rules according to these regulations.

  Article 65 These regulations shall take effect as of December 1, 2004.

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