Circular of the Ministry of Labour on Issuing the "Regulations Concerning Minimum Wagesn in Enterprises"

Circular of the Ministry of Labour on Issuing the "Regulations Concerning Minimum Wagesn in Enterprises"

Lao Dong Bu Fa [1993] No.333

November 24, 1993

The labour (labour & human resource) department (bureau) in all provinces, autonomous regions, municipalities and cities specially designated in the state plan, the labour & human resource division of all ministries & commissions and directly affiliated organs to the State Council, the labour wage bureau of the PLA General Logistics Department and the corporate groups specially designated in the state plan:

In order to meet the needs for the development of the socialist market economy, protect the basic life of labourers themselves and their families as well as the legitimate rights and interests of labourers, and promote the improvement of the quality of labourers and the fair competition among enterprises, the "Regulations Concerning Minimum Wages in Enterprises" have been specially formulated and is hereby issued for your compliance on the basis of factual conditions.

Attached: Regulations Concerning Minimum Wages in Enterprises

CHAPTER I GENERAL PROVISIONS
　
Article 1 The purpose of these Regulations is to meet the requirements of developing the socialist market economy, to ensure the basic needs of the worker and his family, to help improve workers' performance and to promote fair competition between enterprises.
　
Article 2 These Regulations apply to the various economic types of enterprises established inside the territories of the People's Republic of China (hereinafter referred to as "an enterprise or enterprises") and workers who receive pay from these enterprises (hereinafter referred to as "a worker or workers").
The people's government of a province, an autonomous region or municipality directly under the central Government shall decide whether these Regulations shall apply to an enterprise established by a county or a township
　
Article 3 The term "minimum wages" in these Regulations means the minimum remuneration that the enterprise where a worker is employed must pay for the regular work performed by the worker within the prescribed working time. The term "minimum wage rates" in these Regulations means the amount of minimum wages payable per time unit of work.
　
Article 4 The principle of democratic consultation between the representatives of the government, the trade union and the enterprise shall apply in fixing minimum wage rates.
　
Article 5 The State Council's Department of Labour Administration shall exercise unified administration over the national minimum wage system.
The department of labour administration under the people's government of a province, an autonomous region or a municipality directly under the central Government shall exercise unified administration over the minimum wage system of the administrative region concerned.

CHAPTER II FIXING AND PROMULGATING MINIMUM WAGE RATES
　
Article 6 Under the guidance of the State Council's Department of Labour Administration, minimum wage rates shall be fixed by the department of labour administration under the people's government of a province, an autonomous region or a municipality directly under the central Government in consultation with the trade union and the association of enterprise directors at the corresponding level.
　
Article 7 In fixing minimum wage rates, account shall be taken of the information on a locality supplied by the government statistics bureau about the minimum living standards of employees and their dependants, the average wages of workers and staff, labour productivity, the urban economic situation and the level of economic development.
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