Announcement of the Standing Committee of Shenzhen People's Congress
No.16
"Shenzhen Municipal Employee Wage Payment Regulations" passed the Thirty-third meeting of the Standing Committee of the Third People's Congress of Shenzhen, passed on August 27, 2004, and the thirteenth meeting of the Standing Committee of the Tenth People's Congress of Guangdong Province Approved on September 24, 2004, is now announced, which is implemented since December 1, 2004.
Shenzhen Municipal People's Congress Standing Committee October 28, 2004
Shenzhen Municipal Employee Wage Payment Regulations (August 27, 2004, the thirty-third meeting of the Standing Committee of the Third People's Congress of Shenzhen, 33th meeting, through September 24, 2004, the thirteenth time of the Standing Committee of the Tenth People's Congress of Guangdong Province, 2004 Approval of the meeting)
Chapter 1 General
Article 1 In order to maintain the rights of employees to obtain labor remuneration, standardized wage payment behavior, according to the "Labor Law of the People's Republic of China" and other relevant laws and regulations, this Ordinance is combined in conjunction with Shenzhen. Article 2 These Ordinance applies to employees of enterprises, individual economic organizations, and other economic organizations (the following symmetrical employers) in the administrative region of the city and to form a labor relationship. State organs, institutions, social groups and employees establishing labor relations in accordance with this Regulation, except for civil servants, and those managed by civil servants. Article 3 The salary of this Ordinance is a labor remuneration of employees in the form of employees in accordance with the relevant provisions of the relevant provisions of the State, in accordance with the relevant provisions of the State. However, according to the provisions of laws, regulations, regulations, the following fees assumed by the employer or payment to employees are not salary: (1) Social insurance premium; (2) labor protection fee; (3) welfare fee; (4) employer unit The disposable compensation fee paid when the employee relieves labor relations; (5) Family planning fee; (6) Other expenses that are not paying. Article 4 The standard wages referred to in this Ordinance refers to the labor remuneration of employee to provide normal labor in normal working hours, but does not include the following: (1) Labor remuneration of payment cycles more than one month, such as Quarter Award, Half-Year Award, Year-end Award, End of Double-Year Sales and Business Society in Quarter, Semi-Year, Annual Settlement, etc. (2) Working, such as one-time bonus, allowance, subsidies, etc. The standard salary of employees shall not be lower than the minimum wage. Article 5 The employer shall pay the employee salary on time and full. Article 6 The salary shall be paid in currency form, and shall not be paid in non-currency form such as physical objects. The employer shall pay a salary to the employee at least monthly. Article 7 The Municipal and District People's Government Labor Security Administration (hereinafter referred to as the labor security department) is responsible for supervising the implementation of this Ordinance. Public security, industrial and commercial, construction and other departments should assist the labor security department to do monitoring and management of employer wages within their respective responsibilities.
Chapter 2 Wages Payment General Provisions
Article 8 The employer shall formulate a salary payment system in accordance with the collective consultation or other democratic methods, and will be announced to all employees of the unit. Article 9 The employer shall agree with the employee to agree on salary and its payment cycle, pay the date and other content. Article 10 If the annual salary system is implemented or paying wages in accordance with the assessment cycle, it shall be prepared in accordance with the standard prepaid payment of the standard for not less than the minimum salary. Overtime payment cycle must not exceed one month. Article 11 If the salary payment cycle is not more than one month, the agreement of the agreed pay payment must not exceed the date of the payment period; the salary payment cycle is more than one month, and the agreed wage payment date shall not exceed the payment period. One month after full; the salary payment cycle is one year or more, the agreed salary payment date will not exceed six months after the period of payment period. If the salary payment, the legal holiday, the holiday or the rest day, should be paid at the previous business day. Article 12 The employer cannot pay the payment of salary due to the agreed salary payment date; due to the difficulties of production and operation, it is necessary to extend five days or more, and the union agreement of the union or the employee himself should be consent, but the most Don't exceed 15 days. Article 13 The labor relationship of employees and employees is relieved or terminated according to law. If the payment cycle is not more than one month, the employer shall pay a day within three working days from the date of relief or termination of labor relations; payment cycle exceeds A month's salary can be paid at the agreed payment date. Article 14 The employee wages shall be sent to the date of relief or termination of the labor relationship from the date of establishing labor relations with employees. When the labor relationship is lifted or terminated, the employee award, the quarter award, the year-end award, etc. The payment period is not full, according to the actual working time of employees. Article 15 The payment of employers shall make a salary payment table. The salary payment form should have the name of the payment unit, the payment period, the issuance time, the employee name, the normal working time, overtime time, standard wages, overtime pay, etc. The salary payment table should be stored at least two years. When employees paying employees, they shall provide employees with a list of wages and sign by employees. The content of the paylisquence should be consistent with the payment of the wage, and the employee expressed the objection to the paylisplicity, and the employer shall respond. Article 16 The employer shall pay the payroll to the employee. If the employer pays the payment of the wage, the wage should be deposited in the employee my account. If the employer pays employee wages in cash, it shall be collected by the employee himself and signed on the payment table. If the employee can't personally receive salary for any reason, the employee can entrust others, but should provide a written authorization commission. The employee died, and the salary was collected by its heir or a legacy. Article 17 The employer shall pay employeal salary in Week, Japan, and hours, and its salary is calculated according to the daily work for more than an eight-hour, and the average monthly work is calculated on average every month. Chapter 3 Overtime Wage Payment Standard
Article 18 If an employer has one of the following circumstances, the employee overtime pay shall be paid in accordance with the following standards: (1) Arrangement employees working outside the normal working hours, according to not less than employee standard salary or billing One hundred and fifty payment; (2) Arrangeing employees working in a rest day, but can not arrange for pushing, according to two hundred percent of employees' standard salary or piecewise; (3) Arrange employees in a legal vacation The festival work, according to the three hundred percent of the employee's own standard salary or the piecewise salary. Article 19 If an employee of the integrated calculation of work hours, after the comprehensive calculation work time, the employee actual working hours reach the working hours, the employer arranges employee work, and regards the extension of working hours, according to the non-employee standard One hundred and fifty percent of the salary or the piecewise payment of employees overtime. The employee of the employer has implemented the employee of the Comprehensive Calculation Time-working system work in the legal holiday festival, according to the three hundred percent of the employee's own standard salary or the consolidated employee overtime. Article 20 Employees in the Unexpected Working System work in a legal holiday, in accordance with three hundred percent of employees who are not less than employee, or 30% of the employees of employees. Chapter IV Holiday Salary Payment Standard
Article 21 The employee takes a break during the legal holiday festival, and the employer shall pay the salary. Employees who implement hours, Japanese wage system and piece-based wages are taken during the legal holiday festival, and the employer shall pay the salary during the legal holiday in accordance with the standards that are not less than the standard wages of employees. Article 22 An employee enjoys a holiday in accordance with the law, a holiday, and a holiday holiday, and the employer shall be deemed to provide normal labor and payment. The employees enjoy the holidays, visits, wedding leaves, funeral leave, and the employer shall pay the salary of their holidays in accordance with the standards that are not less than the standard wages of employees. Article 23 The patient's disease or non-working injury stopping working on the medical treatment. In the medical period prescribed by the state, the employer shall pay the employee sick holiday salary in accordance with the no less than the standard salary. But do not lower than 80% of the minimum wage. Article 24 Employees shall be implemented in accordance with the relevant provisions of Work Injury during the medical treatment of workers. Article 25 If an employee invies, the employer may not pay the salary during his own holiday. Article 26 Employees who implement a comprehensive calculation work time system, during a comprehensive period of time, the actual working hours reach the normal working time, and the employer should be considered to provide normal labor and pay the pay.
Chapter 5 Salary in special circumstances
Article 2 Seven Employees In normal working hours, the employer shall be considered to provide normal labor and pay payment: (1) exercising the right to make an election right or selected; (2) Elected representative or member attendance Meetings held by the People's Congress and its Standing Committee, Government, Party, Trade Union, Communist Youth League, Women's Association; (3) As the people's jury to participate in trial activities or participate in lawsuits, arbitration activities; (4) "China Members of the Undequate Union Brand Committee of the People's Republic of China (5) Other situations stipulated in laws and regulations. Article 28 If an employee is fault, the employer is part or the overall discontinuation, the employer shall pay the wage during the suspension of employees in accordance with the following standards: (1) Detained within a month, according to employee standard pay 80% of the percent; (2) downtime for more than a month, according to 80% of the minimum salary. Article 29 If the employee has been dismissing, the employer may not pay the wage during the suspension of the employee, except that it belongs to the work injury. Article 30 The employee is sentenced to control or sentenced to the criminal, and the sentence is probation or false release, the supervision implementation, the protection trial, and the labor relationship is not released. The employer shall follow the labor payment of labor. Article 31 If an employee is suspected of criminalizing a compulsory measures to restrict personal freedom or submitted administrative punishment restricted personal freedom, the employer may not pay the salary that is limited to personal freedom. Article 32 When the employer is ruined, disbanded or revoked, the liquidation organization shall first pay the employee salary of the owner in accordance with the relevant legal order. Chapter 6 wage deduction
Article 33 The employer shall deduct or pay the following fees according to law: (1) The individual income tax of the employee's own salary; (2) Social insurance premiums of employee personal burden; (3) Assist in the implementation court judgment, ruling Support, support, alimony, (4) laws, and regulations shall be deducted from the employee salary in the middle of the employee's salary. Article 34 The employer can deduct the following expenses from the employee wages: (1) Employee compensation causes the cost of the employer's economic loss due to the reasons; (2) The employer is disciplinary economic economy in accordance with the rules and regulations established according to law. Punishment; (3) Other fees approved by employees. The employee salary balance after the employment unit will not be lower than the minimum salary.
Chapter 7 Minimum Wage
Article 35 The minimum wage known in this Ordinance refers to the minimum labor compensation of the employee to pay the minimum amount of labor after the employee provides normal work in normal working hours. However, the following items shall not be part of the minimum wage: (1) overtime pay; (2) a subsidy under special working conditions such as night shift, high temperature, low temperature, downhole, toxic and harmful; other fees that are not salary according to the regulations . Article 36 The minimum wage shall be based on the minimum living expenses of employees and their average supporting populations, and consider the following factors to determine: (1) Social average salary level; (2) labor productivity level and economic development; (3) Employment status; (4) Social insurance standards. The minimum wage is determined by the municipal labor security department will be confirmed by the state-owned asset management department of the city, the Municipal Federation of Trade Unions, the Municipal Chamber of Commerce, and reports the Municipal People's Government (hereinafter referred to as the Municipal Government). Article 37 The minimum salary shall be adjusted once a year. The adjustment method is determined separately by the municipal government. Article 38 The minimum salary is published in the city's main newspapers and radio, and the television station is announced by the municipal government in late June. The news unit should be published in time and play. Article 39 The minimum salary is executed for July 3rd, which is July 30, May 30. Article 40 The minimum salary is based on hours salary. If the consolidated salary or the payment of wages should be performed, it shall be converted according to normal working hours, and the corresponding comparison amount shall not be lower than the minimum salary. Article 41 The municipal government can identify different minimum wages according to the specific circumstances of the different administrative regions of the city. Article 42 The employer shall, in the month of the minimum wage in the minimum wage, the employee will inform the employee of the employee of the annual municipal government. Chapter 8 Supervision and Inspection
Article 43 The municipal and district people's governments shall establish supervision and inspection system for monitoring, salary payment credit information on employer salary. Article 44 The labor security department shall supervise and inspect the employer's salary payment in accordance with the law, and the illegal act is treated. When the employer is undergoing supervision and inspection, the information should be reported, and related information and proof are provided. Article 45 When the labor security department shall supervise and inspect the employer's salary, the relevant departments of public security, industry and commerce and construction shall be assisted in accordance with the requirements of the labor security department. Article 46 The trade union organizations at all levels shall supervise the salary payment behavior of the employer according to law, and the illegal behavior of the employer has the right to stop and require the illegal act of the labor security department to deal with the illegal acts. Article 47 Any organization and individual have the right to report and sue the labor security department for violations of salary payment laws and regulations. Article 48 If the employee has one of the following circumstances, the employee has the right to report to the labor security department: (1) paying the pay less than the minimum salary; (b) the wage or no reason to arrear employee; (3) statutory The representative or the person in charge transfer property or escape, hidden, may affect employee pay payment; (4) Other may affect employee wages. Article 49 After receiving the report, the labor security department shall be completed within 30 days from the date of acceptance; the situation is complex, it can be extension, but the longest must not exceed 60 days, and will handle the report to the reporter feedback . The labor security department should be confidential for the reporter. Article 50 If the employer, the employee salary or less than the minimum wage payment will, and the labor security department has the right to require employers to regular payment tables within one year. Article 51 If the employer, the employee salary or less than the minimum wage payment is not less than the minimum wage, and the labor security department can submit to the public to the public regardless of the circumstances.
Chapter IX Legal Responsibility
Article 52 The employer is in the form of a partnership. The partners have assigned joint responsibility for the arreled employee wages, and the partners who pay the arrears of salary can recover other partners according to law. Article 53 In the construction unit, the construction unit, the construction general contracting enterprise, etc. illegally will bring the project hair bag, subcontract or the transfer to organizational or individuals who do not have the main entity without the use of workers or corresponding qualifications, etc. The organization or individual arrears employee salary, and the package unit should pay the employee to pay the wage. Article 54 If the employer shall implement contractual operations, contractor arrears employee wages, and the contractor shall bear the corresponding legal responsibility according to law. Article 55 If the employer has one of the following circumstances, a warning is given by the labor security department, ordered to correct it within a time limit; if it is not corrected, it can be fined under 10,000 yuan or more yuan: (1) Not followed by this Ordinance The provisions of the production or preservation of wage payments; (2) The payment of wages will not be provided to the employee in accordance with this Ordinance; (3) Pay salary in cash, and does not provide employee signing. Article 56 If the employer has one of the following circumstances, the labor security department is ordered to be corrected within a time limit; if it is not corrected, it can be a fine of less than 50,000 yuan more than 50,000 yuan as the plot: (1) paying the employee salary At the lowest wage; (b) gaunting or unremarine employee wages; (3) paying employee wages in non-monetary forms such as physical objects. Article 57 If the employee payment employee pays less than the minimum wage, it shall make up less than part, and pay less than two hundred percent of economic compensation to employees. Article 58 If the employer shall pay for employees, and the employee salary shall be paid in full payment, and pay the employee or the total amount of economic compensation for 20% of the total salary. Article 59 Reporting, the employer of the complaint refused to provide the information of the payment of salary to pay relevant information or concealment, and destroy the relevant information, and destroy the relevant information, and destroy the relevant information. The plot is light, and it is imposed on 10,000 yuan and less than 50,000 yuan, and the main person in charge of the employer and the direct responsible person can be fined less than 5,000 yuan or more yuan or more. Article 6, the parties are dissatisfied with the administrative penalties made by the labor security department, and may apply for administrative reconsideration or file an administrative lawsuit according to law. The parties have not applied for administrative reconsideration overdue, nor does the people's courts filed an administrative lawsuit, and they do not fulfill the administrative punishment decision, and the labor security department applies for enforcement to the people's court according to law. Article 61 When the labor security department and the relevant department staff shall comply with the relevant provisions and exhibit valid documents. Article 62 The labor security department and the relevant departments shall not perform their duties in accordance with this Ordinance, and the direct responsible personnel and direct responsible personnel shall give administrative punishment according to law. The labor security department and the relevant department staff abuse the power in the payment supervision and inspection of the payment, and the privacy of the fault, the duties, and give administrative punishment according to law; constitute a crime, and investigate criminal responsibility according to law. Chapter 10.
