Interim provisions on wage payment

[Edit this paragraph] Interim Provisions on Wage Payment

Article 1 These Provisions are formulated in accordance with the relevant provisions of the Labor Law of People's Republic of China (PRC) in order to guarantee the rights of laborers to get remuneration through labor and standardize the wage payment behavior of employers.

Article 2 These Provisions shall apply to enterprises, individual economic organizations (hereinafter referred to as employers) and laborers who have formed labor relations with them in People's Republic of China (PRC).

State organs, institutions, social organizations and workers who have established labor contract relations with them shall be implemented in accordance with these provisions.

Article 3 The term "wages" as mentioned in these Provisions refers to the wages paid by the employer to the laborers in various forms according to the stipulations of the labor contract.

Article 4 Wage payment mainly includes: wage payment items, wage payment levels, wage payment forms, wage payment targets, wage payment time and wage payment under special circumstances.

Article 5 Wages shall be paid in legal tender. Payment shall not be made in kind or negotiable securities instead of money.

Article 6 The employing unit shall pay wages to the workers themselves. If a laborer is unable to receive wages for some reason, his relatives or others may entrust him to receive them.

The employer may entrust the bank to pay wages.

The employer must record in writing the amount and time of employees' salary collection, the name and signature of the recipient, and keep it for more than two years for future reference. When paying wages, the employer shall provide the laborer with a list of his personal wages.

Seventh wages must be paid on the date agreed by the employer and the employee. In case of holidays or rest days, payment should be made in advance on the nearest working day. Wages are paid at least once a month. If the weekly, daily and hourly wage system is implemented, wages can be paid by the week, day and hour.

Article 8 The employing unit shall pay wages to laborers who have completed one-time temporary labor or specific work agreed in relevant agreements and contracts.

Article 9 If the labor contract is dissolved or terminated by both parties in labor relations according to law, the employing unit shall pay the employee's salary in one lump sum when dissolving or terminating the labor contract.

Article 10 During the period when laborers participate in social activities according to law within the legal working hours, the employing unit shall pay wages according to the normal labor provided. Social activities include: exercising the right to vote and stand for election according to law; Elected representatives attend meetings held by governments, parties, trade unions, the Communist Youth League, women's federations and other organizations at or above the township (town) level; As a witness of the people's court; Attend the meeting of model workers and advanced workers; Production or working time occupied by members of full-time trade union grass-roots committees due to their work activities as stipulated in the Trade Union Law; Other social activities carried out according to law.

Article 11 During the period when employees enjoy annual leave, family leave, marriage leave and funeral leave according to law, the employer shall pay the employees' wages according to the standards agreed in the labor contract.

Article 12 If the unit stops production or stops production within a salary payment period due to reasons other than the employee, the employer shall pay the employee's salary according to the standards agreed in the labor contract. If the wage payment period exceeds one period, and the laborer provides normal labor, the labor remuneration paid to the laborer shall not be lower than the local minimum wage standard; If the laborer fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.

Article 13 If the employing unit arranges the laborers to work outside the legal standard working hours according to the actual needs after the laborers have completed the labor quota or the specified work tasks, the wages shall be paid according to the following standards:

(1) If the employing unit arranges the working hours of the workers in accordance with the law to exceed the Japanese legal standard working hours, it shall pay the wages of the workers not less than 150% of the hourly wage standard agreed in the labor contract;

(2) If the employing unit arranges the laborers to work on rest days according to law, but cannot arrange compensatory time off, it shall pay the laborers no less than 200% of the laborers' daily or hourly wages agreed in the labor contract;

(3) If the employing unit arranges the laborers to work on legal holidays according to law, it shall pay the laborers not less than 300% of the daily or hourly wages agreed in the labor contract.

Workers who implement piece-rate wages shall, after completing the task of piece-rate quota, be paid by the employing unit according to the above principles, respectively, according to 150%, 200% and 300% of the piece-rate price of their statutory working hours.

If the comprehensive working hours system is implemented with the approval of the labor administrative department, the part where the comprehensive working hours exceed the legal standard working hours shall be regarded as extended working hours, and the wages for extended working hours shall be paid to the workers according to these regulations.

Laborers who practice irregular working hours do not implement the above provisions.

Article 14 When an employer goes bankrupt according to law, workers have the right to receive wages. At the time of bankruptcy liquidation, the employing unit shall pay the wages owed to the employees in advance in accordance with the liquidation order stipulated in the Enterprise Bankruptcy Law of the People's Republic of China.

Article 15 The employing unit shall not deduct the wages of workers. Under any of the following circumstances, the employer may withhold the wages of the workers:

(1) Personal income tax withheld and remitted by the employer;

(two) social insurance premiums withheld by the employer and borne by the individual workers;

(3) The alimony and maintenance expenses required to be withheld by the court's judgment or ruling;

(four) other expenses that can be deducted from the wages of workers as stipulated by laws and regulations.

Article 16 If an employee causes economic losses to the employing unit due to his own reasons, the employing unit may demand compensation for the economic losses according to the stipulations of the labor contract. Compensation for economic losses can be deducted from the employee's own salary. However, the monthly deduction shall not exceed 20% of the employee's monthly salary. If the deducted surplus wage is lower than the local monthly minimum wage, it shall be paid according to the minimum wage.

Article 17 The employing unit shall, in accordance with these Provisions, formulate an internal wage payment system through the staff and workers' congress, the staff and workers' congress or other forms of consultation, inform all the staff and workers of the unit, and send a copy to the local labor administrative department for the record.

Eighteenth labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employing unit commits one of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may order it to pay compensation:

(1) Deducting or delaying the wages of workers without reason;

(2) refusing to pay overtime wages to laborers;

(3) paying workers' wages below the local minimum wage standard.

The standards of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state.

Article 19 In case of a labor dispute between a laborer and an employer due to the payment of wages, the parties concerned may apply to a labor dispute arbitration institution for arbitration according to law. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.

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

[Edit this paragraph] Supplementary Provisions on Issues Related to the Interim Provisions on Wage Payment

According to the Interim Provisions on Wage Payment (No.489 of the Ministry of Labor [1994], hereinafter referred to as the "Regulations"), the following supplementary provisions are made on relevant issues:

1. The term "in accordance with the standards agreed in the labor contract" as mentioned in Articles 11, 12 and 13 of the Regulations refers to the wage standard corresponding to the position (post) of the laborer as agreed in the labor contract.

Because the labor contract system is still in the process of promotion, it is indeed difficult to implement it according to the above provisions. The local or industrial labor administrative department may formulate transitional measures on the basis of not violating the general principles determined by the Regulations.

Second, about the payment of overtime pay.

1. The wages that should be paid for extending working hours and arranging rest days and legal holidays outside the system working hours, which meet the statutory standards stipulated in Items (1), (2) and (3) of Article 13 of the Regulations, are labor remuneration paid according to the overtime workload and a certain multiple of the wage standard for normal working hours determined in the labor contract. That is to say, if the laborer is arranged to extend his working hours on legal working days or work on rest days, but he can't make up for the rest, he shall pay no less than the hourly or daily wage standard 150% and 200% agreed in the labor contract; If workers are arranged to work on legal holidays, they shall be paid not less than 300% of the hourly or daily wage standard agreed in the labor contract.

2. About the conversion of workers' daily wages. Because labor standards such as labor quota are related to the working hours of the system, the daily wages of workers can be converted by dividing the monthly wages of workers by the working days of the system every month.

According to national regulations, employees work 8 hours a day, 40 hours a week, and the monthly working time is 2 1.5 days. Considering that the state allows enterprises with difficulties in implementing the 40-hour work week system to be postponed to 65438+ 1 in May, 997 at the latest, during the transition period, the daily wages of enterprises implementing the 44-hour work week system can still be converted according to the number of working days per month.

3. The term "deduction" as mentioned in Article 15 of the Regulations means that the employer deducts the wages due to the laborer without justifiable reasons (that is, the employer should pay all the labor remuneration to the laborer according to the standards agreed in the labor contract on the premise that the laborer has provided normal labor). Not including the case of salary reduction: (1) clearly stipulated by national laws and regulations; (2) clearly stipulated in the labor contract signed according to law; (3) It is clearly stipulated in the factory rules and regulations formulated by the employer according to law and adopted by the workers' congress; (4) The total wages of enterprises are linked to economic benefits, and when economic benefits go down, wages must go down (but the wages paid to workers shall not be lower than the local minimum wage standard); (5) Wage reduction due to employee's personal leave and other reasons.

Four, the "Regulations" referred to in article eighteenth "without justifiable reasons" refers to the employer fails to pay the wages of workers beyond the prescribed time without justifiable reasons. Not included: (1) The employer fails to pay wages on time due to irresistible natural disasters, wars and other reasons; (two) the employer may suspend the payment of wages to workers after obtaining the consent of the trade union because of the difficulties in production and operation and the impact of capital turnover. The longest extension period can be determined by the labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government according to local conditions. In other cases, wage arrears are unreasonable.

Five, about the payment of wages for special personnel.

1. Wage payment of the employee after punishment: (1) The employee still works in the original unit after administrative punishment (such as probation, demotion, etc.). ) or re-employment after criminal punishment, mainly by the employer according to the specific circumstances to determine their wages; (2) During the period of criminal punishment such as detention review, detention (detention), probation, execution outside prison and reeducation through labor, the treatment shall be implemented in accordance with relevant state regulations.

2. The wages and benefits of apprentices, skilled workers and college graduates during the apprenticeship, skilled period, probation period and after graduation shall be determined by the employer independently.

3. The wages and benefits of newly employed retired soldiers shall be determined by the employing unit independently; The wages and benefits of demobilized military cadres assigned to enterprises shall be implemented in accordance with relevant state regulations.