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

oyee‘s standard wage or piecework wage.

　　Article 20 If an employing unit arranges for an employee under the work system of non-scheduled working hours to work on a legal holiday， the overtime pay shall be no less than 300% of the employee‘s standard wage or piecework wage.

　　Chapter IV Rates of Vacation Wage Payment

　　Article 21 If an employee takes a vacation on legal holidays， an employing unit shall pay wages.

　　If an employee under the hourly wage system， day wage system and piecework wage system takes a vacation on legal holidays， an employing unit shall pay this employee the wages during the legal holidays which should be no less than the employee‘s own standard wage.

　　Article 22 When an employee enjoys a maternity leave， a nursing leave， a leave for birth control surgery， etc.， according to law， an employing unit shall see it as providing normal labor and pay wages.

　　When an employee enjoys a yearly vacation， a home leave， a marriage leave， a funeral leave， etc.， according to law， an employing unit shall pay the employee the vacation wage which should be no less than the employee‘s own standard wage.

　　Article 23 If an employee is ill or injured for a reason not related to work and has to stop working for medical treatment， an employing unit shall， within the period of medical treatment prescribed by the state， pay the employee the wages for sick or injury leave which should be no less than the 60% of the employee‘s own standard wage， but may not be less than 80% of the minimum wage.

　　Article 24 If an employee is injured in line of duty， the wages or work-related injury benefits shall be paid according to the related rules of employment injury insurance.

　　Article 25 If an employee takes a leave for private affairs， an employing unit may not pay the employee wages during the leave.

　　Article 26 Within the term of comprehensive calculation of working hours for the

　　employees under the work system of comprehensive calculation of working hours， taking a break after the actual working hours have reached the normal working hours shall be seen

by an employing unit as providing normal labor and the wage shall be paid for the break.

　　Chapter V Wage Payment in Special Situations

　　Article 27 If an employee is in one of the following situation within normal working hours， an employing unit shall regard it as providing normal labor and pay wages：

　　（1） exercising the right to vote and stand for election； （2） attending the meetings of the organizations such as the peoples congress and its standing committee， governments， parties， labor unions， Communist Youth League， Women‘s Federation， etc. at district level or higher levers as an elected representative or member； （3） participating in trials as a people’s juror or taking part in the activities of litigation， arbitration as a witness； （4） participating in the activities of a trade union as a member of a grassroots committee of the trade union who is not released from production according to Law of the People‘s Republic of China on Trade Unions； （5） other situations stipulated by laws， regulations.

　　Article 28 If an employing unit partly or entirely suspends production， operation

　　for a reason which is not employee‘s own fault， the employing unit shall pay wages to the employee suspended from work during the period of suspension according to the following rates：

　　（1） in case of being suspended from work for less than 1 month， the pay shall be 80% of the employee‘s own standard wage； （2） in case of being suspended from work for more than 1 month， the pay shall be no less than 80% of the employee’s own standard wage.

　　Article 29 If an employee is suspended from work for the employee‘s own fault，

　　an employing unit may not pay the employee wages during the period of suspension except that the suspension is verified as a result of a work-related injury.

　　Article 30 If an employee is sentenced to public surveillance or penal servitude， placed on probation for fixed-term imprisonment or paroled， serving a sentence outside prison， out on bail to await trial with restricted liberty of moving， and the labor relationship has not been canceled， an employing unit shall pay wages according to the labor that the employee provides.

　　Article 31 If enforcement measures have been taken to restrict an employee‘s right to freedom of the person because the employee is suspected of violating law or an administrative penalty to restrict the employee’s right to freedom of the person has been imposed， an employing unit may not pay wages during the period when the employee‘s right to freedom of the person is restricted.

　　Article 32 When an employing unit goes into liquidation according to law because of bankruptcy， dissolution， or being terminated， the liquidating organization shall， according to the liquidation order stipulated by the related laws， pay the wages due to employees first.

　　Chapter VI Withholding and Deduction of Wages

　　Article 33 An employing unit shall withhold or pay the following expenses from employees wages on behalf of the employees according to law：

　　（1） the personal income taxes of the employees‘ own wages； （2） the social insurance premiums born by the employees themselves； （3） the expenses of bringing up children， expenses of supporting family members， expenses of supporting parents and grandparents which should be paid by the employees according to a court decision put into execution with assistance of the employing unit； （4） other expenses that should be withheld or paid from the employees wages by the employing unit according to laws， regulations.

　　Article 34 An employing unit may deduct the following expenses from

　　employee‘s wages：

　　（1） the compensation for the economic loss of the employing unit caused by the employees themselves； （2） the economic penalties for violation of disciplines imposed on the employees by the employing unit in compliance with the regulations and

rules formulated according to law； （3） other expenses agreed on by the employee themselves.

　　The remaining sum of an employee‘s wages after every month’s deduction by an

　　employing unit of the expenses referred to in Items （1）， （2） of the preceding section shall not be lower than the minimum wage.

　　Chapter VII Minimum Wage

　　Article 35 The minimum wage referred to in these regulations shall mean the minimum remuneration of labor that an employing unit should pay after an employee has provided normal labor within normal working hours. But the following items shall not be included as part of the minimum wage：

　　（1） overtime wage； （2） allowances for working in special conditions of night shift， high temperature， low temperature， underpit operation， exposure to toxic and harmful materials， etc.； （3）other expenses which do not fall into wages according to the rules.

　　Article 36 The minimum wage shall be determined by taking the minimum living cost of employees themselves and their supported family members on an average as a base and taking the following factors into comprehensive consideration：

　　（1） the average wage level of a society； （2） the level of labor productivity and the level of economic development； （3） the state of employment； （4） the social insurance standards.

　　The municipal department of labor security shall， jointly with the municipal department of state assets management， municipal federation of trade unions， municipal federation of chambers of commerce， study and determine the minimum wage， and report it to the municipal people‘s government （hereinafter referred to as the municipal government） for approval.

　　Article 37 The minimum wage shall be adjusted once every year. The methods of such adjustment shall be decided separately by the municipal government.

　　Article 38 The minimum wage shall be announced during the last ten days of June every year by the municipal government respectively in this city‘s major newspapers， radio stations and television stations. The units of press shall publish， broadcast it promptly.

　　Article 39 An implementation year of the minimum wage shall be from July 1 of the year to June 30 of the next year.

　　Article 40 The minimum wage shall take hourly wage as its basic form. As for the wage forms such as piecework wages or deduction wages， etc.， their hourly wages shall be calculated according to normal working hours， and the corresponding sum as a result of calculation shall not be lower than the minimum hourly wage.

　　Article 41 The municipal government may fix different minimum wages for the different administrative areas of this municipality on the basis of their specific conditions.

　　Article 42 Within one month from the date when the municipal government announces the minimum wages， an employing unit shall notify its employees in writing of the rules of the municipal government on the minimum wages of the current year.

　　Chapter VIII Supervision and Inspection

　　Article 43 The municipal， district people‘s governments shall establish a system to monitor the wage payments of employing units and to supervise and inspect the credit information of the wage payments of these units.

　　Article 44 The departments of labor security shall supervise and inspect the wage payments of employing units， and deal with illegal acts according to law. Employing units shall make truthful reports and provide the related materials and evidence when accepting such supervision and inspection.

　　Article 45 When the departments of labor secur

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