深圳市员工工资支付条例 Public Notice of the Standing Committee of the Shenzhen Municipal People’s Congress

深圳市人民代表大会常务委员会116号

（No. 116）

颁布日期：20041028 　实施日期：20041201 　颁布单位：深圳市人大常委会

　　Regulations of the Shenzhen Municipality on the Wage Payment to Employees was adopted at the Thirty-Third Meeting of the Standing Committee of the Third Shenzhen Municipal People‘s Congress on August 27， 2004， approved at the Thirteen Meeting of the Standing Committee of the Tenth Guangdong Provincial People’s Congress on September 24， 2004， and is now promulgated. It shall take effect as of December 1， 2004.

　　October 28， 2004

　　Regulations of the Shenzhen Municipality on the Wage Payment to Employees

　　（Adopted at the Thirty-Third Meeting of the Standing Committee of the Third Shenzhen Municipal People‘s Congress on August 27， 2004， approved at the Thirteen Meeting of the Standing Committee of the Tenth Guangdong Provincial People’s Congress on September 24， 2004）

　　Chapter I General Provisions

　　Article 1 In order to maintain the right of employees to have remuneration for labor and standardize the acts of wage payment， these regulations are hereby formulated in accordance with Labor Law of the People‘s Republic of China and other related laws， regulations， and in the light of the practical conditions of the Shenzhen City.

　　Article 2 These regulations shall apply to the enterprises， individual organizations and other economic organizations （hereinafter referred to as employing units） within this municipality‘s administrative areas as well as the employees who have formed a labor relationship with these employing units.

　　These regulations shall be complied with in implementation by government offices， institutions， social organizations and the employees who have formed a labor relationship with these employing units except civil servants， the personnel who are administered by referring to the rules concerning civil servants， etc.

　　Article 3 The wage referred to in these regulations shall mean the remuneration for labor paid to employees in a monetary form by employing units according to the related rules of the state and an agreement between both parties of a labor relationship. But the following expenses which employing units bear for or pay to employees according to laws， regulations， rules shall not fall into wages：

　　（1） social insurance expenses； （2） labor protection expenses； （3） welfare expenses； （4） a lump-sum severance pay for the termination of a labor relationship between an employing unit and an employee； （5） birth control expenses； （6） other expenses that are not part of wages.

　　Article 4 The standard wage referred to in these regulations shall mean the

　　remuneration for labor that an employee earns by providing normal labor for an employing unit within normal working hours， but not including the following items：

　　（1） the remuneration for labor which has a payment term exceeding 1 month such as quarterly bonus， half year bonus， year-end bonus， year-end double pay， business royalty calculated on the basis of quarter， half year， year； （2） the remuneration for labor which has no regular payment term such as lump-sum bonuses， allowances， subsidies， etc.； the standard wage paid by an employing unit to an employee shall not be lower than the minimum wage.

　　Article 5 An employing unit shall pay its employees wages on time and in full.

　　Article 6 Wages shall be paid in a monetary form， and it shall not be allowed to

　　pay wages in non-monetary form such as pay in kind， etc.

　　An employing unit shall pay wages to employees at least once every month.

　　Article 7 The administrative departments of labor security of the municipal， district people‘s governments （hereinafter referred to as the department of labor security） shall be responsible for supervision and inspection of the implementation of these regulations.

　　The related

departments of public security， industrial and commercial administration， construction shall， within their respective authorities， help the departments of labor security to have the wage payment of employing units well supervised and administered.

　　Chapter II General Rules on Wage Payment

　　Article 8 An employing unit shall formulate a wage payment system according to law through collective consultation or in other democratic ways， and make it public to all the employees of the unit.

　　Article 9 An employing unit shall have agreements with employees on wages， payment term， date of payment， etc.

　　Article 10 If an employing unit has a yearly salary system or it pays wages according to an assessment term， the unit shall pay part of wages in advance every month which should not be lower than the minimum wage.

　　The payment term of overtime wages shall not exceed one month.

　　Article 11 If a wage payment term is less than 1 month， an agreed date of wage payment shall not be later than the 7th day after the term expires； if a wage payment term is more than 1 month but less than 1 year， an agreed date of wage payment shall not be later than 1 month after the term expires； if a wage payment term is 1 year or more than 1 year， an agreed date of wage payment shall not be later than 6 months after the term expires.

　　If a date of wage payment happens to be a legal holiday or a non-business day， the payment shall be made in a preceding business day.

　　Article 12 If an employing unit is not able to pay wages at an agreed date of wage payment for a reason， the date of wage payment may be extended for 5 days； if the extension has to be more than 5 days because of difficulties in production and operation， a written agreement with the unit‘s trade union or employees themselves shall be reached， but the extension shall be no more than 15 days.

　　Article 13 When a labor relationship between an employing unit and an employee is canceled or terminated according to law， the wages shall be paid in full within 3 business days from the date of cancellation or termination of the labor relationship if the wage payment term is less than 1 month； if the wage payment term is more than 1 month， the wages may be paid on an agreed date of wage payment.

　　Article 14 An employee‘s wages shall be calculated to be paid from the date of starting a labor relationship with an employing unit to the date of cancellation or termination of such relationship.

　　If an employee‘s monthly bonus， quarterly bonus， year-end bonus have not become due on the date of cancellation or termination of the labor relationship， they shall be calculated and paid according to the actual working hours.

　　Article 15 An employing unit shall formulate a wage payment table for paying wages.

　　A wage payment table shall have records of the name of the unit to make payments， period of wage calculation and payment， date of wage payment， names of employees， normal working hours， overtime working hours， items payable such as standard wages， overtime wages， etc.， and items of deduction， amount， and account numbers of wages， etc.

　　A wage payment table shall be kept at least for 2 years.

　　When paying employees wages， an employing unit shall provide pay lists for the employees who should sign after receiving their pay lists. The contents of pay lists shall be in accord with those of wage payment tables， if employees take issue on their pay lists， an employing unit shall reply.

　　Article 16 An employing unit shall pay wages to employees themselves.

　　If an employing unit entrust a bank with wage payment， the wages shall be deposited into employees‘ personal accounts.

　　If an employing unit makes wage payment to employees by cash， the employees shall take their wages in person and sing on the wage payment tables. If an employee cannot take wages in person fo

r a reason， other persons may be entrusted with taking the wages instead， but a written authorization shall be provided. If an employee died， the heir or the devisee of this employee shall take the wages.

　　Article 17 If an employing unit pays its employees wages on the basis of week， day， hour， the wages shall be calculated according 8 hours per day， 40 hours per week， 21.75 days per month on an average.

　　Chapter III Rates of Overtime Wage Payment

　　Article 18 If an employing unit is in one of the following situations， overtime wages shall be paid to employees according to the following rates：

　　（1） in case of arrangement for an employee to work at the time beyond normal working hours， the overtime pay shall be no less than 150% of the employee‘s standard wage or piecework wage； （2） in case of arrangement for an employee to work on a non-business day， the pay shall be no less than 200% of the employee’s standard wage or piecework wage； （3） in case of arrangement for an employee to work on legal holidays， the pay shall be no less than 300% of the employee‘s standard wage or piecework wage.

　　Article 19 Within the term of comprehensive calculation of working hours for the

　　employees under the work system of comprehensive calculation of working hours， if an employing unit makes an arrangement for such an employee to work after the actual working hours of this employee have reached the normal working hours， it shall be regarded as overtime working， and the overtime pay shall be no less than 150% of the employee‘s standard wage or piecework wage.

　　If an employing unit arranges for an employee under the work system of comprehensive calculation of working hours to work on a legal holiday， the overtime pay shall be no less than 300% of the empl

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/