广东省工资支付条例英文版.docx

1、广东省工资支付条例英文版Regulation of Guangdong Province on the Payment of Wages(Adopted at the 16th meeting of the Standing Committee of the 10th Peoples Congress of Guangdong Province on January 19, 2005)Chapter I General ProvisionsArticle 1 For the purpose of regulating the payment of wages, safeguarding the

2、 rights of employees to get remunerations for their labor, establishing a harmonious labor relationship and promoting social stability and economic development, this Regulation is formulated in accordance with the Labor Law of the Peoples Republic of China and the relevant laws and administrative re

3、gulations, and in combination with the actual situation of this Province.Article 2 This Regulation shall apply to enterprises, private non-enterprise entities and individual economic organizations (hereinafter referred to jointly as employing entities) within the jurisdiction of this Province and th

4、e employees who have established labor relationship therewith.The state organs, public institutions and social organizations within the jurisdiction of this Province and the employees who have established labor relationship therewith shall be governed by this Regulation through analogy.Article 3 The

5、 Provincial Peoples Government shall formulate a minimum wage standard pursuant to the relevant provisions, and the peoples governments atorabove the level of districted city shall determine the minimum wage levels of their respective cities within the minimum wage levels as promulgated by the Provi

6、ncial Peoples Government. The peoples governments atorabove the county level shall regularly announce the guiding wage and guiding wage level of the labor market, and provide guidance and services to the employing entities and employees.Article 4 The wages shall be paid on schedule, in full amount a

7、nd with priority. Where an employee provides normal labor within the statutory working hoursorthe working hours as stipulated in the labor contract, the employing entity shall determine his wage standard not lower than the local minimum wage level.Article 5 The peoples governments at all levels shal

8、l establish and improve their respective early-warning mechanisms of wage payment, credit supervisory mechanisms and emergency handling mechanisms.Article 6 The administrative departments of labor and social security of the peoples governments at all levels (hereinafter referred to as the labor and

9、security department) shall be responsible for the guidance, supervision and inspection of wage payment by employing entities within their respective jurisdictions.The departments of industry and commerce, construction, customs, taxation, and the banks shall help the labor and security department in

10、the respect of supervision over the payment of wages within their respective functions.Labor unions and womens federations shall lawfully maintain the rights of employees for remuneration for their labor.Any entityorindividual shall have the right to report any illegal act related to the payment of

11、wages.Chapter II Payment of WagesArticle 7 An employing entity shall establish its system on the rules of wages according to law, and make it known to all the employees thereof in written form.The rules for payment of wages shall cover the following matters:(1)Ways for distribution of wages, items,

12、standards and methods for the determination and adjustment thereof;(2)Period and date for the payment of wages; (3)Overtime wages, wages for extra working hours, wages for special circumstances, and the payment methods thereof;(4)Wages to be withheld and deducted, and the withholding and deduction m

13、atters; and(5)Other relevant matters.An employee is entitled to inquire the employing entity about the contents of the rules on the payment of wages.Article 8 An employing entity shall stipulate the wages for normal working hours paid to employees in the labor contract, and the stipulated wages may

14、not be lower than the minimum wage level of that year as promulgated by the local government.Where there is no stipulationordefinite stipulation in this respect, the average monthly wages of the employees as proclaimed by the county peoples government at the locality where the employing entity is do

15、miciled shall be the wages for normal working hours; where the wages actually paid are higher than the average monthly wages of employees as proclaimed by the local government, the wages actually paid shall be regarded as the wages for normal working hours as agreed on by the employees.Article 9 An

16、employing entity may conduct collective consultation with the laborunionor employee representatives thereof in regard to the payment of wages, and shall conclude a collective agreement thereon.Article 10 An employing entity shall pay wages in currency, at the determined cycles for paying wages and i

17、n full amount. No delinquencyorskimp is allowed.Where the wages are paid at the cycle of month, week, dayorhour, the period for paying wages may be determined according to the month, week, dateorhour.Where the system of paying wages by piecework is implementedorthe wages are paid for a certain task

18、to be accomplished, the cycle for paying wages may be stipulated according to the number of piecework doneorthe accomplished tasks, while if the cycle for paying wages in excess of one month, the employing entity shall pay wages on a monthly basis pursuant to the stipulations.Where an annual payment

19、 system is implementedorthe wages are paid on the basis of the examination period, the employing entity shall pay wages per month according to the stipulations, and shall settle and pay them off at the end of the yearorat the expiry of the examination cycle.Article 11 An employing entity shall pay w

20、ages directly to the employee himself. If an employee fails to draw wages due to any reason, he may entrust any other to draw it, and a power of attorney shall be provided.If an employing entity entrusts a bank to pay wages, it shall deposit the full wages into the accounts of employees themselves a

21、t the stipulated date for the payment of wages.Article 12 An employing entity shall pay wages to its employees at the stipulated date. In the case of legal holidaysorrest days, the employing entity shall pay their wages at the nearest working day in advance.Article 13 When an employing entity termin

22、atesordissolves the labor relationship with an employee according to law, it shall pay off the wages of the employee once and for all on the day when the labor relationship is terminatedordissolved.Article 14 An employing entity may withhold the following funds from the wages of employees pursuant t

23、o the relevant provisions:(1)Individual income taxes that should be paid by employees;(2)Various social insurance fees and housing reserves that should be paid by employees themselves;(3)Alimony, estovers and child support payment that should be withheld as required by the rulings and verdicts of th

24、e peoples court; or(4)Other fees that may be deducted from the wages of employees as prescribed by laws and regulationsoras agreed on by both parties.Article 15 In case an employee shall compensate for the direct economic losses he has incurred to the employing entity due to his fault, the employing

25、 entity may deduct the compensations from his wages, but shall give a written notice on the reasons for deduction and the amount to be deducted in advance; otherwise, it may not deduct the wages. And the monthly wages remained after the deduction of compensations may not be lower than the local mini

26、mum wage standard.Article 16 An employing entity shall compile ledgers for the payment of wages on the basis of the cycles of payment of wages, and keep them for at least two years. The ledgers for the payment of wages shall mainly specify the date and cycle of payment, the names of employees, worki

27、ng hours, the items and amount of wages payable, the items and amount withheld and deducted, the amount of wages actually paid, as well as the vouchers issued by the bank on the entrusted payment of wagesorthe signatures of employees, etc.Article 17 When an employing entity pays wages, it shall prov

28、ide lists of wages to the employees themselves.When an employing entity extends the working hoursorarranges employees to work on rest daysorlegal holidays, it shall put corresponding wages and remunerations on the list of wages If the employing entity fails to do so and can not prove the payment, it

29、 shall be regarded as a failure to pay corresponding wages and remunerations. The items and amount on the list of wages shall be identical with the ledgers for the payment of wages.An employee has the right to consult and verify his list for payment of wages.Article 18 Daily wages shall be determine

30、d pursuant to the monthly wages deducted by the average monthly working days as prescribed by the State, while hourly wages shall be determined pursuant to the daily wages deducted by the average daily working hours, which may not be more than 8 hours.Article 19 Where an employee enjoys such vacatio

31、ns as legal holidays, annual leave, leave for going home to visit their families, wedding leave, leave for arranging funeral, maternity leave, nursing leave, and vacation for childbirth, etc., this shall be regarded as normal labor offered by the employee and the employing entity shall pay wages to

32、him.Article 20 When an employing entity arranges employees to work overtimeorextends their working hours, it shall pay the overtime wages and wages for the extended working hours to the employees pursuant to the following standards:(1)Overtime wages and remunerations shall be paid at the rate of 150% of the dailyorhourly wages of the employees themselves for the extended working hours in a working day;(2)Overtime wages and remunerations shall be paid at the rate of 200% of the dailyorhourly wages