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 employing unit shall independently determine the wage distribution mode and wage level of the unit according to its production and operation characteristics and economic benefits. Article 4 The employing unit shall follow the principle of honesty and credit, and pay in full and on time, and shall not deduct or delay the wages of workers without reason. Article 5 The administrative department of labor and social security of the people's governments at or above the county level (hereinafter referred to as the labor and social security department) shall be responsible for the guidance, supervision and management of wage payment activities within their respective administrative areas.
Development and reform, construction, economy, commerce, state-owned assets supervision, industry and commerce, taxation and other departments and banking financial institutions shall, within the scope of their respective duties, assist the labor and social security departments to supervise wage payment activities. Article 6 Trade unions shall help and guide laborers to negotiate and pay wages with employers according to law. A trade union organization or employee representative shall sign a collective contract with the employer and pay wages.
Labor and social security departments shall, jointly with trade union organizations and enterprise representative organizations, study and solve the problems in wage payment through the tripartite consultation mechanism of labor relations, and safeguard the legitimate rights and interests of workers and employers. Chapter II General Provisions on Wage Payment Article 7 The employing unit shall formulate a wage payment system in accordance with these provisions and notify all employees. The wage payment system shall include wage items, standards and methods for determining and adjusting them; Time limit and date of wage payment; Overtime, extended working hours, wages and payment methods under special circumstances; Withholding, remitting and deducting wages, etc. Article 8 The employing unit and the laborer shall stipulate in the labor contract the wage standard and payment method corresponding to their posts. The agreed wage standard shall not be lower than the local minimum wage standard.
If the minimum wage standard in the place where the labor contract is performed is inconsistent with the minimum wage standard in the place where the employer is located, the standard favorable to the laborer shall apply. Article 9 The employing unit shall pay the wages of laborers in the form of money, and shall not pay them in kind or negotiable securities. Article 10 The employing unit shall pay the wages of laborers at least once a month according to the agreed date. In case of legal holidays or rest days, it shall be paid in advance on the working day of the nearest legal holiday or rest day.
If the weekly, daily and hourly wage system is implemented, the wage payment cycle can be determined by week, day and hour; If the annual salary system is implemented or the salary is paid according to the assessment cycle, the employer shall prepay part of the salary every month and pay it at the end of the year or when the assessment cycle expires; Where the piecework wage system is implemented or wages are paid according to the completion of certain tasks, the payment period may be agreed according to the completion of piecework or tasks, but if the payment period exceeds 1 month, the employer shall pay part of the wages in advance every month.
The wages paid in advance by the employer in the preceding paragraph shall not be lower than the local minimum wage. Article 11 The employing unit shall record in writing the payable items and amounts, actual amounts, payment dates, payment periods, items and amounts deducted according to law, names of recipients, etc. , and keep it for more than 2 years for future reference.
The employing unit shall pay the wages to the workers themselves and provide a list of wages. The wages actually obtained by the workers shall be consistent with the wage list and the wage payment record of the employer.
An employer may entrust a banking financial institution to pay wages on its behalf. Where a banking financial institution is entrusted to pay wages on its behalf, the employee's wages shall be fully deposited into his own bank account before the agreed salary payment date. Article 12 The employing unit may, in accordance with relevant regulations, deduct the following expenses from the wages of workers:
(1) Individual income tax payable by the laborer;
(2) Social insurance premiums and housing accumulation funds that individual workers should pay;
(3) Other funds that should be withheld as stipulated by laws and regulations or agreed by both parties. Thirteenth direct economic losses caused by the fault of the laborer, the employer shall compensate according to law, and the compensation fee may be deducted from his salary, but it shall inform the laborer in writing in advance; No deduction shall be made without written notice. After deducting compensation, the monthly salary balance shall not be lower than the local minimum wage standard. Article 14 Under any of the following circumstances, the employer shall not pay the wages of the workers during this period:
(1) personal leave;
(two) do not provide labor without justifiable reasons;
(3) The labor contract is terminated due to the employee's own reasons. Fifteenth when the employer terminates or terminates the labor relationship with the laborer, it shall pay the laborer's salary in one lump sum. Unless otherwise agreed by both parties. Chapter III Special Provisions on Payment of Wages Article 16 Where an employing unit arranges overtime or extends working hours, it shall pay overtime or extended working hours to the workers according to the following standards:
(1) If workers are arranged to extend their working hours on working days, they shall be paid no less than150% of the hourly wage;
(2) If workers are arranged to work on rest days but cannot be arranged to take compensatory time off, they shall be paid wages not less than 200% of the daily wage or hourly wage;
(3) If workers are arranged to work on legal holidays, they shall be paid wages not less than 300% of the daily wage or hourly wage.