Regulations of Shaanxi Province on Enterprise Wage Payment
Regulations of Shaanxi Province on Enterprise Wage Payment
Regulations of Shaanxi Province on Enterprise Wage Payment
Announcement of the Standing Committee of Shaanxi Provincial People's Congress No.16
June 4, 2004
Announcement No. 16 of the Standing Committee of Shaanxi Provincial Peoples Congress, ratified and promulgated by the 11th Conference of the Standing Committee of the 10th Session of Shaanxi Provincial Peoples Congress on June 4th, 2004 and to be implemented as of October 1st 2004.
Regulations of Shaanxi Province on Enterprise Wage Payment
Content
Chapter I General Provisions
Chapter II Wage Payment
Section I General Provisions
Section II Payment of Overtime Wages
Section III Payment of Vacation Wages
Section IV Payment of Wages in Special Circumstances
Chapter III Supervision over Wage Payment
Chapter IV Legal Liabilities
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Labor Law of the People's Republic of China and the other relevant laws and administrative regulations, with consideration to the practical situations of Shaanxi Province, and with the view to regulate the activities of wage payment of the personnel employment units and to protect the workers legal rights and interests to obtain their labor payment.
Article 2 These Regulations shall apply to the enterprises and individual economic organizations within the administrative regions of Shaanxi Province (hereinafter referred to as the Personnel Employment Units) and the laborers who have formed a labor relationship with these enterprises and organizations.
Article 3 The Peoples Government of Shaanxi Province shall release regularly the minimum wage standard and the annual directive wage lines based on the economic and social development level of Shaanxi Province.
Administrative departments of labor and social security of the cities with subordinate districts shall release regularly labor market directive wage price level based on the standard of local wage level.
Article 4 The Personnel Employment Units shall, based on equal consultations with laborers, determine appropriately laborers wages by referring to the labor market directive wage price level, but the wages determined shall not be lower than the local standards on minimum wages released by the Shaanxi Provincial Peoples Government.
The Personnel Employment Units shall build a normal mechanism on wage increasing and shall elevate gradually the laborers wage level, according to the directive wage lines released by the Shaanxi Provincial Peoples Government and with consideration to the economic efficiency of the units.
Article 5 Administrative departments of labor and social security at or above the county level shall be in charge of the supervision over the wage payment of the Personnel Employment Units according to their authoritative jurisdiction of labor supervision.
Relevant departments at or above the county level shall assist, according to their respective responsibilities, the administrative departments of labor and social security in carrying out the supervision over the wage payment of the Personnel Employment Units.
Article 6 Trade unions at various levels shall supervise the wage payment conducts of the Personnel Employment Units according to law.
Any organizations or individuals shall have rights to report and to make known the illegal conducts in wage payment.
Chapter II Wage Payment
Section 1 General Provisions
Article 7 The Personnel Employment Units shall conclude labor contracts with laborers according to law and shall agree on the matters of wage payment.
Whenever the Personnel Employment Units conclude collective contracts with the trade unions or the representatives of the staff and workers, the collective contracts shall cover the matters of wage payment. The trade unions or the representatives of the staff and workers may also, on behalf of the laborers, hold equal consultations with and conclude wage agreements with the Personnel Employment Units.
Wages agreed on in a labor contract shall not be lower than the minimum wages agreed on in the collective contracts or the wage agreements; The minimum wages agreed on in the collective contracts or the wage agreements shall not be lower than the local minimum wage standards.
Article 8 The Personnel Employment Units shall calculate the laborers wages as of the commencing day of the employment. The conversion of working hours shall be made pursuant to the calculation of 8 hours a day, 40 hours a week, and the average 20.92 working days a month.
Article 9 The Personnel Employment Units shall pay the laborers wages on time and in full amount, and shall not deduct or delay the laborers wages.
The Personnel Employment Units may pay wages by the periods of the hour, the day, the week or the month. The Personnel Employment Units shall pay the workers right after the completion of the working item when the Units employ temporary workers and agree on a one-off working item.
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