Minimum Wage Regulations 2014

< p > < strong > minimum wage requirement < /strong > < /p >

< p > Article 1 in order to safeguard the legitimate rights and interests of labourers for obtaining remuneration for labor and safeguard the basic life of workers and their family members, these Provisions are formulated in accordance with the relevant provisions of the labor law and the State Council.

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< p > second this provision applies to enterprises in People's Republic of China, private non enterprise units, individual industrial and commercial households with employees (hereinafter referred to as employing units) and laborers who form labor relations with them.

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< p > state organs, public institutions, social organizations and laborers who establish labor contract relations with them shall be implemented in accordance with these provisions.

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< p > Third the minimum wage standard mentioned in this Regulation refers to the minimum remuneration payable by the employer in accordance with the law that the laborer shall provide normal labor within the working hours prescribed by law or within the agreed working hours stipulated by law.

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< p > normal labor as mentioned in this Regulation refers to the work done by laborers in accordance with the labor contract signed in accordance with the law, in the legal working hours or the working hours stipulated in the labor contract.

Laborers who enjoy paid annual leave, visiting family leave, marriage and funeral leave, childbirth (birth) leave, contraceptive operation leave and other holidays prescribed by the state, as well as legal participation in social activities during statutory working hours, are regarded as providing normal labor.

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< p > fourth the labor and social security administrative departments of the local people's governments at or above the county level shall be responsible for supervising and inspecting the implementation of these Provisions by the employing units within their respective administrative areas.

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< p > trade union organizations at all levels supervise the implementation of these provisions in accordance with the law, and find that the employers pay wages for workers in violation of these Provisions, and have the right to require the local labor and social security administrative departments to deal with them.

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< p > fifth minimum wage standards generally adopt the form of monthly minimum wage and minimum wage.

The monthly minimum wage is applicable to full-time employed labourers, and the hourly minimum wage standard applies to part-time workers.

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< p > sixth, to determine and adjust the minimum monthly wage standard, we should refer to the factors such as the minimum living expenses of local employed persons and their supporting population, the consumer price index of urban residents, the social insurance premiums paid by employees and the housing provident fund, the average wage of workers, the level of economic development and the employment situation.

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< p > to determine and adjust the minimum wage standard for the hour, we should consider the factors of basic old-age insurance premiums and basic medical insurance premiums which should be paid by the units on the basis of the monthly minimum wage standards promulgated. At the same time, we should properly consider the differences between full-time workers and full-time employees in terms of work stability, labor intensity and welfare.

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< p > seventh different administrative regions within the province, autonomous region and municipality directly under the central government may have different minimum wage standards.

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The determination and adjustment plan of < p > eighth minimum wage standards shall be formulated by the labor and social security administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government, together with the trade unions of the same level and the Federation of enterprises / enterprisers, and the submitted plans shall be submitted to the Ministry of labor and social security.

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< p > the plan includes the basis and scope of application of the minimum wage determination and adjustment, and the formulation of standards and explanations.

After receiving the draft plan, the Ministry of labor and social security shall seek the opinions of the Federation of trade unions and the China Enterprise Federation / Entrepreneur Association.

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< p > the Ministry of labor and social security can make amendments to the plan, and if it fails to put forward amendments within 14 days after the receipt of the plan, it shall be deemed to agree.

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< p > ninth labor and social security administrative departments of provinces, autonomous regions and municipalities directly under the central government shall approve the regional minimum wage standard scheme to the people's governments of provinces, autonomous regions and municipalities directly under the central government, and issue them in the Local Government Gazette and at least one regional newspaper on 7 days after approval.

The labor and social security administrative departments of provinces, autonomous regions and municipalities directly under the central government shall report the minimum wage standards to the Ministry of labor and social security within 10 days after the issuance.

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After the promulgation and implementation of < p > tenth minimum wage standards, if the relevant factors stipulated in the sixth provision of this regulation are changed, they should be adjusted in due course.

Minimum wage standards should be adjusted at least once every two years.

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< p > eleventh the employer shall publicized the standard to all the workers of the unit within 10 days after the minimum wage standard is promulgated.

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< p > twelfth, with the normal labor provided by the workers, the wages paid by the employer to the workers shall not be lower than the local minimum wage standard after removing the following items: < /p >

< p > (1) extension of working hours; < /p >

< p > (two) allowance under special working conditions such as shift, night shift, high temperature, low temperature, underground, toxic and harmful; < /p >

< p > (three) laws, regulations and workers' welfare benefits stipulated by the state.

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< p > employing units such as piecework wage or royalty wage, on the basis of scientific and reasonable labor quota, the wages paid to labourers must not be lower than the corresponding minimum wage standards.

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< p > workers who do not provide normal labor within the statutory working hours or working hours stipulated in the labor contract signed by law shall not apply to this provision.

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< p > thirteenth employers who violate the provisions of the eleventh provision of this Regulation shall be ordered by the labor and social security administrative department to make corrections within a specified time. In violation of the twelfth provision of these Provisions, the labor and social security administrative department shall order them to reissue the wages owed by the workers within a specified time limit, and may also instruct them to pay the workers' compensation according to the wages owed 1 to 5 times.

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< p > fourteenth there is dispute over the minimum wage standard between the laborers and the employing units, and shall be dealt with according to the relevant provisions of the labor dispute handling.

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< p > fifteenth, this regulation has been implemented since March 1, 2014.

The minimum wage regulations issued by the Ministry of labor in November 24, 1993 were abolished at the same time.

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