江苏省工资支付条例英

Regulations of Jiangsu Province on Wage Payment
(Adopted at the Twelfth Meeting of the Standing Committee of the
Tenth People’s Congress of Jiangsu Province on October 22, 2004)
Chapter I General Provisions
Article 1 These Regulations are enacted, in accordance with the Labor Law of the People’s Republic of China and other related laws and administrative regulations, in light of the specific situation of Jiangsu Province, and for the purposes of protecting laborers’ right to labor remuneration, regulating and strengthening the supervision and control over the wage payment activities of the employing units.
Article 2 These Regulations shall apply to enterprises, individual industrial and commercial households , private non-enterprise units (hereinafter referred to as employing units) and laborers who form a labor contract relationship therewith within the administrative area of this Province. State organs, institutions, social organizations and laborers who form a labor contract relationship therewith shall be bound by these Regulations with exceptions of civil servants, staff members who are regulated with reference to civil servants, and those who are regulated otherwise by the State.
Article 3 The local people’s government at or above the county level shall formulate and promulgate on a regular basis a steering policy for macro adjustment of wage level according to the local social economic development and the demand-and-supply situation of labor force.
The employing unit shall, according to the requirement of the government’s steering policy for macro adjustment of wage distribution, and with consideration of the price in the labor market and economic result of the unit, work out a rational wage level for the unit.
The employing unit shall set up a mechanism for normal wage increase and gradually raise wages to its laborers according to the development of the economic result of the unit, the guiding line of wages and guiding price level of wages issued by the local government, as well as the average wage level for staff and workers in the same trade and same area.
Article 4 The distribution of wages shall follow the principle of distribution according to work and equal pay for equal work. Wages shall be fully paid with good faith in the form of cash and on schedule.
Article 5 The administrative department of labor and social security (hereinafter referred to as the administrative department of labor security ) under the people’s government at or above the county level is responsible for giving instruction on and carrying out supervision and inspection over wage payment activities within its administrative area.
The departments of personnel, economic and trade, construction, industrial and commercial administration, and the branch of the People’s Bank of China under the local people’s government at or above county level are responsible for carrying out, within the scope of their respective responsibilities, administration of and supervision over wage payment activities within their administrative areas in accordance with the law.
Organizations such as Trade Unions and Women’s Federations shall safeguard laborers’ right to labor remunerations in accordance with the law.
Chapter II General Regulations
Article 6 The employing units (with exception of the individual industrial and commercial households) shall formulate rules and regulations on matters concerning wage distribution and wage payment according to law. In formulating the rules and regulations, the employing unit shall solicit opinions of the congress of staff and workers (workers’ assembly) or the trade union of the unit, make public announcement about the matter within the whole unit and make it known to all laborers in the unit. It shall also adopt reasonable suggestions put forth by the congress of staff and workers (workers’ assembly) or the trade union.
Article 7 The wage distribution system shall include the following contents:
(1) the distribution method for wages paid for each post;
(2) the distribution method for the normal wage increments;
(3) the distribution method for bonuses;
(4) the distribution method for allowances and subsidies; and
(5) the distribution method for wages paid under special circumstances such as sick leave or vacation leave.
Article 8 The wage payment system shall specify the following:
(1) wage paying items, standards and forms;
(2) wage payment dates and pay periods;
(3) standards for calculating wages of overtime work;
(4) standards for paying leave pays; and
(5) the circumstances under which wages shall be withheld by law and standards of such withholdings.
Article 9 The employing unit and its staff and workers as one party shall carry out negotiation in a collective way to conclude a collective contract or a specialized collective contract on wages with regard to the workers’ annual pay adjustment range and distribution method for the adjusted portion.
Article 10 The employing unit and a laborer shall stipulate in the labor contract matters concerning the wage distribution and paying method which shall be commensurate with his work post. The stipulations thus agreed by both parties shall not violate the existing wage distribution and paying system of the unit, the collective contract or the specialized collective contract on wages of the unit.
Article 11 In the case of piecework wages, the employing unit shall follow a scientific and reasonable way to determine and adjust the work load and the rate of piecework remuneration; the determined or adjusted work load shall be one that can be completed by more than 90% laborers at the same position in the unit within the statutory working hours.
Article 12 The employing unit shall pay wages to laborers according to the standards specified in the labor contracts if they have rendered normal service. The standards agreed upon in the labor contracts shall not be lower than the local standard of minimum wages.
Where a laborer is under any of the following special circumstances but has rendered normal service, the employing unit shall pay him not lower than the local standard of minimum wages; in the case of a part-time worker, he shall be paid not lower than the local standard of minimum hour-wages:
(1) within the probation period;
(2) where the employing unit advances part of wages or pays wages in installments;
(3) where the employing unit deducts part of his wages of the very month for his violation of the rules and regulations lawfully set up by the unit;
(4) where the employing unit needs to deduct his wages for compensation of economic loss he has caused to the unit in accordance with the terms agreed upon in the labor contract or the rules and regulations lawfully set up by the unit;
(5) where the employing unit can not pay wages according to the established wage standard due to difficulties in production and operation, and has to lower his wage standard after consulting and reaching into agreement with the trade union or the representatives of staff and workers in the unit. In the case of sub-paragraph (3) of the preceding paragraphs, the amount deducted from the laborer’s wages of the very month by the employing unit shall not be more than 20% of the wages payable to the laborer for the very month; in the case of sub-paragraph (4) of the preceding paragraphs, there shall be an exception if the employing unit and the laborer have agreed upon otherwise after the economic loss occurs.
The local standard of minimum wages shall be determined by the people’s government of a city with establishment of districts based on the standard of minimum wages promulgated by the people’s government of the Province; the said standard of minimum wages shall be adjusted at least once every two years.
In case there is inconsistency between the standards of minimum wages of the place where a labor contract is performed and where the employing unit is located, the standard in favor of the laborer shall prevail.
Article 13 The employing unit shall calculate wages for a laborer from the exact day he actually performs his labor.
The pay period for wages shall not exceed one month at the longest. The following rules shall be observed in determining the pay period:
(1) Where wages are paid on hourly, daily, weekly or monthly term, the pay period can be determined by hour, date, week or month;
(2) Where wages are paid on yearly term or the term of an evaluation period, a portion of wages shall be paid in advance every month, and the balance shall be settled and paid up at the year end or on the expiration of the evaluation period;
(3) Where wages are paid on piecework rate or other similar terms, the pay period can be determined according to the piecework-accomplishment;
(4) Where wages are paid on completion of certain workload, the wages shall be settled and paid up upon completion of such workload. In case the settling period exceeds one month, the employing unit shall advance wages every month;
(5) Where a construction enterprise and its laborers agreed to make wage payment in installments after negotiation, the construction enterprise shall advance part of wages every month, settle and pay up wages at least once every half a year, and settle and pay up balance of the wages of the previous year within the first ten days in January of the next year.
Article 14 The employing unit shall make wage payment on the dates as agreed upon by the laborers; where there is no agreement on such a date, the payment shall be made at the time specified by the employing unit.
In case the payment date is concurrent with a statutory holiday or an off-day, the wages shall be paid in advance in the working days there before.
Article 15 The employing unit shall pay wages to laborers only in the form of cash instead of other
forms such as goods or securities, and shall not require the laborers to consume in designated places or circumstances, nor stipulate their way of consumption either.
Article 16 The employing unit may enter into an agreement with a bank for the bank to make wage payment for it by opening a specialized wage account with the bank. It shall, before the wage payment dates of the unit, deposit money enough to pay wages to laborers in full amount in the specialized wage account for the bank to make wage payment to the laborers on the dates specified in the agreement.
Article 17 The employing unit shall put into written record such information concerning the make-up of a laborer’s wages as items and amount payable, amount actually paid, dates of payment, pay periods, items and amounts withheld according to law, and name of the payee.
The employing unit shall set up an attendance check-up system to record the attendance rate of a laborer in written form, co-check the record with the laborer and have him sign on it every month. The employing unit shall keep the attendance record for not less than two years.
The employing unit shall not fabricate, counterfeit, conceal or destroy the wage payment records and the attendance records of the laborers.
Article 18 The employing unit shall pay wages to a laborer himself with a pay slip. The wages the laborer actually gets shall be in consistent with what is stated in the pay slip and the wage payment record of the employing unit.
The laborer is entitled to make inquiry on and check up his wages.
Article 19 Where the employing unit and a laborer dissolve or terminate their employing relationship according to law, the employing unit shall pay up wages due to the laborer in one time within two working days after dissolution or termination of such employing relationship, unless otherwise agreed by the two parties.
Where a laborer dies, the employing unit shall pay him wages with the amount he usually gets in a full pay period.
Chapter III Specific Regulations
Article 20 Where the employing unit makes a laborer work overtime, it shall pay the laborer overtime wages according to the following standards:
(1) to pay overtime wages not less than 150 per cent of the normal wages of the laborer if the working hours are extended in normal working days;
(2) to pay overtime wages not less than 200 per cent of the normal wages of the laborer if the work is arranged on rest days and no make-up rest days can be arranged within the next six months; (3) to pay overtime wages not less than 300 per cent of the normal wages of the laborer if the work is arranged on statutory holidays.
For overtime wages as described in sub-paragraph (1) or (3) of the preceding paragraphs, the pay period shall not be longer than one month from the date the overtime work is performed; for overtime wages as described in sub-paragraph (2) of the preceding paragraphs, the pay period shall not be longer than six month from the date the overtime work is performed, but, if the implementation period of the labor contract concerned is less than six months, the overtime wages shall be paid up within the remaining contract time.
Article 21 Where the system of piece rate wages is implemented, the employing unit shall, according to the provisions in Article 20 of these Regulations, pay the laborer overtime or extra
shift wages not less than 150, 200, 300 per cent respectively of his normal piece rate wages of statutory working hours if the employing unit arranges for the laborer to work beyond statutory working hours after he finishes his given piece work assignment.
Article 22 Where the employing unit adopts a comprehensive working hour system as approved by the administrative department of labor security, if the total hours a laborer works within a comprehensively calculated period (a period of comprehensive calculation) exceed the gross statutory working hours, the excessive portion shall be regarded as the extended working hours. The employing unit shall thus pay the laborer for working overtime according to the provisions in sub-paragraph (1) of the first paragraph of Article 20. Where the laborer is required to work on statutory holidays, the employing unit shall pay him for working extra shifts according to the provisions in sub-paragraph (3) of the first paragraph of Article 20
Article 23 Where the employing unit adopts shift work system, if a laborer has to work his shifts on statutory holidays, the employing unit shall carry out the provisions prescribed in sub-paragraph (3) of the first paragraph of Article 20.
Article 24 During such holidays as Women’s Day or Youth Day when only partial citizens are given leave as prescribed by the State, where the employing unit arranges for a laborer to take the days off or to take part in the holidays’ activities, the laborer shall be deemed to have rendered normal service and his wages shall be paid by the employing unit accordingly. Where a holiday is concurrent with an off-day, the employing unit shall implement the provisions in sub-paragraph (2) of the first paragraph of Article 20 if it has to arrange for the laborer to work overtime.
Article 25 Where a non-fixed working time system is adopted upon approval by the administrative department of labor security, the provisions in Article 20 shall not be implemented.
Article 26 Where a laborer is under any of the following circumstances, the employing unit may refuse to pay him wages of the period of time:
(1) being on casual leave;
(2) not performing his labor with absence of a good reason;
(3) terminating the labor contract on his own account.
Article 27 Where a laborer stop working due to illness or non-work-related injury but still within the medical treatment period as prescribed by the State, the employing unit shall pay for his sick leave or illness relief according to the stipulations in the wage distribution system, the agreement in the labor contract, the collective contract or other related regulations of the State.
The sick leave pay or the payment for illness relief shall not be less than 80 per cent of the local standard of minimum wages. Where there are regulations provided otherwise by the State, those regulations shall prevail.
Article 28 For a laborer classified as a suspect or a close contact of the suspect of A class infectious disease, or on whom control measures against A Class infectious disease have been taken for being the suspect or the close contact by law, where he is cleared of the suspicion of being such a patient or a patient suspect after isolated observation, the laborer shall be deemed to have rendered normal service during the isolation period, and his wages for the period shall be paid by the employing unit accordingly.
Article 29 Where a laborer is on statutory holidays or on such leaves which he is entitled to take by law as annual leave, home leave, marriage or funeral leave, late marriage or late birth leave, birth control surgery leave, and in case of a female worker, pre-puerperal examination leave, maternity leave and breast-feeding leave during the breast-feeding period, and paternity leave, and
paid leave for a laborer suffering occupational injury, the laborer shall be deemed to have rendered normal service and, and his wages for the period shall be paid by the employing unit accordingly. Article 30 Where a laborer participates in the following social activities according to law by occupying his working time, he shall be deemed to have rendered normal service and be paid by the employing unit accordingly:
(1) performing his right to vote, or the right to stand for election;
(2) performing his duty according to law as the member of a people’s congress or a political consultative conference;
(3) attending as an elected representative in meetings hosted by governments, parties, trade unions, communist youth leagues, and women’s federations;
(4) acting as a juror for a people’s court;
(5) attending conferences of model laborers, or advanced workers;
(6) performing his responsibility as a part-time staff member of a grass-root trade union;
(7) participating as a representative for a collective negotiation in the collective negotiation or conclusion of a collective contract;
(8) attending such recruiting activities as registration for military service or attending military drills as a reservist;
(9) attending other social activities as provided by laws, rules and regulations.
Article 31 Where an employing unit stops running, stops production or suspends business for a while within a wage pay period due to reasons not related to its laborers, the laborers shall be deemed to have rendered normal services and their wages shall be paid by the employing unit. If the duration of the stop of running, stop of production and suspension of business is longer than a pay period, the employing unit may, based on the service the laborers rendered, pay the laborers according to the standard newly agreed by both sides; the employing unit shall pay the laborers a living subsidy not less than 80 per cent of the local standard of minimum wages if the employing unit does not assign work for the laborers. Where there are regulations provided otherwise by the State, those regulations shall prevail.
Article 32 Where an employing unit, pursuant to the provisions of Article 27 and Article 31 of these Regulations, pay a laborer for his sick leave, illness relief and living subsidy at the rate of 80 per cent of the local standard of minimum wages, it shall at the same time undertake to pay for the social insurance premium and housing accumulated fund bearable by the laborer himself previously.
Article 33 For a laborer who is bailed out to await trial, sentenced to control, on probation or parole, or serving his sentence outside jail in accordance with the law, if he continues working for the employing unit as usual without terminating his labor contract, the employing unit shall pay his wages according to the stipulations in the labor contract or the rules and regulations of the employing unit.
Article 34 The change of a laborer’s position and the decrease of his pay shall be carried out in accordance with the rules and regulations set up lawfully by the employing unit, who shall not, however, in violation of the principle of honesty and credibility, abuse its power to change a laborer’s position without justification.
Article 35 The employing unit shall not make any withholding from the wages of a laborer except following items:
(1) individual income tax payable by the laborer himself;
(2) social insurance premium and housing accumulated fund payable by the laborer himself;
(3) fees such as maintenance fee, alimony bearable by the laborer as specified in a legally effective document issued by a people’s court;
(4) other items which need to be withheld as provided by laws and regulations.
Chapter IV Provisions of Labor Security
Article 36 The employing unit shall report in written form to the administrative department of labor security at the county level its failure to make wage payment to laborers on time and in full within five days since occurrence of the delay and shall bring forth a solution.
Article 37 Where an employing unit delegates a laborer to work in other unit (hereinafter referred to as the actual employing unit) in accordance with the labor contract or as agreed upon by the laborer through negotiation, the employing unit shall be held responsible and the actual employing unit shall be held jointly responsible in case the actual employing unit embezzles wages or delays in paying wages to the laborer without justification.
Article 38 Where a partnership-enterprise embezzles wages or delays in paying wages to laborers without justification, the partners shall be held jointly responsible. Where the partnership-enterprise becomes insolvent or some partners escape, the other partners shall be responsible for paying wages to the laborers.
Article 39 The contract letting unit of a construction project may take measures to urge the project undertaking unit to pay wages to laborers themselves.
Where the contract letting unit of a construction project or the general undertaking unit does not pay construction expense as agreed upon in the contract, or the sub-contractor embezzles wages or delay wage payment to laborers without justification, the local administrative department of labor security or construction may order the contract letting unit or the general undertaking unit of the project to advance wages to the laborers. The amount of wages advanced shall not be more than the unsettled construction expense.
Article 40 Where an employing unit delays wage payment to its laborers due to force majeure, it shall make payment to the laborers within 30 days after clear-up of the cause of force majeure. Where an employing unit does run into difficulties in production and operation and the cash flow of the unit is so seriously affected that it can not pay wages to its laborers within the stipulated pay period, it shall make explanations in written form to the laborers and may delay wage payment after obtaining approval from the trade union or the congress of staff and workers (workers’ assembly) of the unit, but the payment shall not be delayed more than thirty days for the longest. Article 41 The local people’s government at or above the county level shall, in light of the actual wage payment situation within its administrative area, establish a precaution system against outstanding wages. The administrative department of labor security may, based on the actual situation of delay in payment, impose special supervision on the employing unit that has delayed wage payment to laborers consecutively more than two months or accumulative more than three months, and may make the matter known to the public.
The employing unit who is subject to the special supervision on wage payment shall provide a performance bond issued by a financial institution or deposit caution money for wage payment in accordance with the precaution system against outstanding wages set up by the government. The said caution money shall be deposited in a special account and used as ear-marked to guarantee
the wage payment to the laborers in the unit.
The administrative department of labor security shall lift the special supervision on the employing unit that has settled and paid up the outstanding amount due to the laborers, and has not created new arrears within the next six months, and shall announce such lift of supervision in the same scope wherein it made announcement when imposing the said special supervision.
Article 42 The employing unit, who is under the special supervision on wage payment or has been confirmed by the administrative department of labor security as delaying payment to laborers with malicious intention, shall be restricted to participate in the public bidding by owners of the State-invested or State-financed construction or service projects and the government procurement projects.
The project owners as listed in the preceding paragraph shall consult the administrative departments of labor security for bidders’ credibility on wage payment, and the administrative departments of labor security shall provide such information in good time.
Article 43 Where an employing unit goes bankrupt, or is dissolved or disbanded, its remaining assets after lawful liquidation shall be arranged in the first place to pay wages due to laborers, social insurance premiums and compensational subsidies that need to be paid .
Chapter V Supervision, Inspection and Settlement of Disputes
Article 44 The administrative department of labor security shall establish and improve the system for supervising and inspecting the wage payment activities of the employing units by regulating procedures of supervision and inspection, implementing supervision and inspection on the wage payment status of the employing units, and proceeding to deal with any illegal activity.
When the administrative department of labor security carries out inspection on the wage payment status of an employing unit, the employing unit shall report the true situation, and provide necessary documents and evidences such as information about use of laborers, wage payment records, attendance records, ledgers, financial statements, bank account numbers without falsification, obstruction and refusal.
Article 45 The administrative department of labor security shall establish and improve the informing system against illegal acts on wage payment by setting up complaint mailboxes and making known to the public complaint hotlines so as to provide facilities for the laborers to make exposures and shall keep confidential for the informants.
The administrative department of labor security shall decide whether to file the case and inform the informant of such decision within seven days after receiving a complaint. If the case is filed, the investigation and prosecution on the illegal act shall be completed within thirty days from the date the case is filed; in the event that the case is complicated and it is really necessary to extend the time for dealing with the case, the time extended can not be more than thirty days for the longest after being approved by the person directly in charge of the administrative department of labor security.
Article 46 The administrative department of labor security shall establish and improve the record with (of) information including wage payment status of the employing units and showing the honesty and credibility of the employing units in observing the labor security laws, and shall promote an institution for evaluation of the honesty and credibility of the employing units in observing the aforesaid laws. The administrative department of labor security may publicize the。