Chapter 1 General Provisions Article 1 In order to safeguard the rights of workers to obtain labor remuneration through labor and regulate the wage payment behavior of employers, in accordance with the "Labor Law of the People's Republic of China" and other laws and regulations These regulations are formulated based on the actual conditions of this city. Article 2 These Measures apply to the wage payment of enterprises, private non-enterprise units, individual industrial and commercial households with employees (hereinafter collectively referred to as enterprises) within the administrative area of ????this city and the workers who form labor relations with them.
The payment of wages to state agencies, public institutions, social groups and workers with whom they have established labor contracts shall be governed by these Measures. Article 3 Enterprises shall reasonably determine the wages of workers and establish a wage adjustment mechanism based on the wage guidance lines issued by the competent department of human resources and social security of the Provincial People's Government and the economic benefits of the enterprise, and on the basis of consultation with workers. Article 4: This city establishes and improves an early warning and emergency support system for enterprise wage arrears, and the relevant government departments are responsible for supervision and inspection in accordance with their duties. Article 5: The competent departments of human resources and social security are responsible for the management, supervision and inspection of wage payment by enterprises within their respective administrative regions.
The competent departments of industry and information technology, state-owned assets, housing and urban-rural construction, urban management, transportation, commerce, public security, market supervision, taxation, etc. shall, in accordance with their respective responsibilities, coordinate with the competent departments of human resources and social security to ensure corporate payroll management. Payment supervision and management. Chapter 2 General Provisions on Wage Payment Article 6 An enterprise shall formulate a wage payment system in accordance with the law and make it public to all employees of the enterprise after discussion and approval by the workers’ congress or workers’ conference. The wage payment system shall include the following contents:
(1) Wage payment items, standards and forms;
(2) Wage payment cycle and date;
( 3) Calculation standards for wage payment under special circumstances such as overtime, sick leave, maternity (maternity) leave, various holidays, waiting for work, etc.;
(4) Wage deductions;
( 5) Other contents of salary payment. Article 7 The labor contract signed between an enterprise and its workers in accordance with the law shall stipulate labor remuneration and wage payment matters. The wage payment standard stipulated in the labor contract shall not be lower than the local minimum wage standard. For workers who sign a part-time labor contract, the hourly wage shall be agreed between the enterprise and the worker, and the agreed hourly wage shall not be lower than the local hourly minimum wage. Article 8 Wages shall be paid in legal currency and shall not be substituted in kind or negotiable securities.
Enterprises shall pay workers’ wages in full and shall not withhold wages or delay workers’ wages without reason.
Enterprises should pay wages directly to workers themselves. If workers themselves are unable to receive wages for any reason, they can entrust others to collect wages on their behalf.
When paying wages, the enterprise shall provide workers with their own wage payment list.
Enterprises can entrust banks to issue wages on their behalf. Article 9 Enterprises can withhold the following expenses from workers’ wages:
(1) Personal income tax, social insurance premiums and housing provident funds that should be paid by workers individually;
(2) The alimony, alimony and other expenses required to be withheld in court judgments and rulings;
(3) The rules and regulations formulated by the enterprise in accordance with the law, the collective contract signed in accordance with the law or the collective wage agreement clearly state that the amount can be deducted from Expenses deducted from workers’ wages;
(4) Workers’ compensation for economic losses caused to the enterprise due to their own faults;
(5) Laws and regulations stipulate that workers’ wages can be deducted from workers’ wages; other expenses deducted.
The monthly deduction in item 4 of the preceding paragraph shall not exceed 20% of the monthly salary. If the remaining salary after monthly deduction is lower than the local monthly minimum wage standard, the enterprise shall pay according to the minimum wage standard. Article 10: Enterprises shall pay wages to workers in full and in a timely manner in accordance with labor contracts and national regulations. If there is a holiday or rest day, payment shall be made in advance on the working day before the holiday or rest day.
If the monthly, weekly, daily and hourly wage system is implemented, wages will be paid according to the monthly, weekly, daily and hourly period. If the piece rate wage system is implemented, the wage payment period shall be agreed upon by both parties in accordance with the law. Article 11 When an enterprise and its employees go through the procedures for rescinding or terminating the labor contract in accordance with the law, the enterprise shall pay the employee's wages in one lump sum, and the wages will be calculated until the date of the rescission or termination of the labor contract. Article 12 If an employee fails to provide labor during personal leave or without justifiable reasons, the enterprise may not pay wages. Article 13 The enterprise shall establish a wage payment ledger, accurately record and compile statistics on workers’ wage payment data, and prepare a wage payment schedule according to the wage payment cycle. Its main items shall include: payment time, name of the payment recipient, number of working days, and payment items. , overtime hours and overtime wages, amounts payable, deduction items and amounts, actual amounts paid, signature of the recipient, etc. The wage payment table and payment ledger are used as proof of the employer's payment of social insurance, payment of relevant compensation fees, and the basis for handling labor disputes. The employer shall keep them for more than 2 years for future reference.
Workers have the right to inquire about their wage payment accounts. Chapter 3 Wage Payment under Special Circumstances Article 14 The daily overtime wage standard for workers shall be calculated based on the agreed monthly overtime wage payment calculation standard divided by the statutory working days of the month or the average monthly working days stipulated by the state. The wage standard is calculated based on the daily overtime wage standard divided by 8 hours.
The daily or hourly overtime wage paid shall not be lower than the standard converted according to the local minimum wage standard.