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

ity supervise and inspect the wage payments of employing units according to law， the related departments of public security， industrial and commercial administration， and construction， etc.， shall give assistance at the request of the departments of labor security.

　　Article 46 The trade unions at various levels shal

l supervise the acts of wage payment of employing units according to law， have the right to stop the illegal acts of employing units and ask the departments of labor security to deal with the illegal acts of employing units.

　　Article 47 Any organizations and individuals shall have the right to report to the departments of labor security and indict for the acts violating the laws， regulations on the wage payment.

　　Article 48 If an employing unit is in one of the following situations， employees shall have the right to report to the departments of labor security：

　　（1） the paid wages are lower than the minimum wage； （2） embezzling or defaulting employees‘ wages without reason； （3） the legal representative or the person in charge of operation has diverted assets， or escaped， hidden so that the wage payment to employees might be affected； （4） other situations which might affect the wage payments to employees.

　　Article 49 After receiving a report， a department of labor security shall deal with

　　and finish the case within 30 days from the date of accepting the case； if the circumstances are complicated， the deadline to close the case may be extended， but the longest time limit shall be no more than 60 days， and the reporter shall have a feedback on the settlement.

　　Article 50 If an employing unit has embezzled， defaulted employees‘ wages without reason， or paid wages which are lower than the minimum wage， a department of labor security shall have the authority to ask the employing unit to submit the wage payment tables on the regular basis within one year.

　　Article 51 If an employing unit has embezzled， defaulted employees‘ wages without reason， or paid wages which are lower than the minimum wage， a department of labor security may make it public according to the seriousness of circumstances.

　　Chapter IX Legal Liabilities

　　Article 52 If an employing unit is a partnership， its partners shall have joint and several liability， a partner who paid the defaulted wages first may recover the payment from other partners later according to law.

　　Article 53 When undertaking construction activities， if units such as a unit in charge of construction， an enterprise as a general contractor of construction， etc.， have given out a contract， subcontract or subletting contract， in violation of law， to an organization or individual unqualified as an employing subject for failure to go through industrial and commercial registration or unqualified in terms of appropriate aptitude， and this organization or individual has defaulted employees‘ wages， the unit giving out the contract shall pay the defaulted wages of employees for such an organization or individual.

　　Article 54 In case of contracted management of an employing unit， if a contractor defaults employees‘ wages， the party giving out contract shall bear the corresponding legal responsibility according to law.

　　Article 55 If an employing unit is in one of the following situations， a department of labor security shall give a warning， order correction by a deadline； in case of failure to make correction after the deadline， a fine of more than 10，000 but less than 50，000 RMB　shall be imposed：

　　（1）failure to make or keep the wage payment tables according to these regulations； （2） failure to provide the pay lists for employees according to these regulations； （3） failure to provide the wage payment tables for employees to sign when paying wages by cash.

　　Article 56 If an employing unit is in one of the following situations， a department of labor security shall order correction by a deadline； in case of failure to make correction after the deadline， a fine of more than 30，000 but less than 50，000 RMB shall be imposed according to the seriousness of circumstances：

　　（1） paying employees wages lower than the minimum wage； （2） embezzling or defaulting employees‘ wages without rea

son； （3） paying employees wages in non-monetary forms such as wage in kind， etc.

　　Article 57 If an employing unit has paid employees wages lower than the

　　minimum wage， the deficiency shall be made up， and the economic compensation equivalent to 200% of the gross amount of the deficiency shall be paid to employees as well.

　　Article 58 If an employing unit has embezzled or defaulted employees‘ wages without reason， the employees’ wages shall be paid in full， and the economic compensation equivalent to 25% of the gross amount of the embezzled or defaulted wages shall be paid to employees as well.

　　Article 59 If an employing unit， whose violation is reported， complained of， has refused to provide the related materials of the wage payments of the unit or hidden facts， provided false materials or hidden， destroyed the related materials when a department of labor security is supervising and inspecting the wage payments， a department of labor security shall impose a fine of more than 10，000 but less than 50，000 RMB according to the seriousness of circumstances， and may also impose a fine of more than 5，000 but less than 20，000 RMB on the chief responsible person and directly responsible persons of the employing unit.

　　Article 60 If the party concerned has refused to accept a decision on administrative penalties made by a department of labor security， an application for administrative review may be filed according to law or an administrative action may be taken. If the party concerned has failed to apply for administrative review， to take administrative action， and to carry out the decision on administrative penalties， the department of labor security shall apply for coercive execution to the people‘s court according to law.

　　Article 61 When supervising and inspecting the wage payments of employing units， the personnel of the departments of labor security and the related departments shall abide by the related rules and present valid certificates.

　　Article 62 If the departments of labor security and the related departments have failed to execute duties according to these regulations， administrative sanctions shall be imposed on directly responsible chief officers and directly responsible persons according to law.

　　If the personnel of the departments of labor security and the related departments have abused power， practiced favoritism and engaged in irregularities， and neglected duties， administrative sanctions shall be imposed according to law； if a crime has been constituted， the criminal responsibility shall be ascertained according to law.

　　Chapter X Supplementary Provisions

　　Article 63 The meaning of the following terms used in these regulations shall be as follows：

　　（1）　normal working hours shall mean the working hours fixed by an employing unit within legal working hours；

　　（2） normal labor shall mean the labor that employees provide within normal working hours according to an agreement of both parties of the labor relationship；

　　（3） embezzling wages shall mean the acts of an employing unit to withhold and cut employees‘ wages in violation of these regulations；

　　（4） defaulting wages without reason shall mean the acts of an employing unit to fail to pay or to pay in full employees’ wages not because of force majeure after a deadline stipulated or endorsed by these regulations.

　　Article 64 The municipal government may formulate detailed implementation

　　rules according to these regulations.

　　Article 65 These regulations shall take effect as of December 1， 2004

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