Details of Liaoning Province's wage payment regulations

Article 2 These Provisions shall apply to all kinds of enterprises, individual economic organizations, private non-enterprise units (hereinafter referred to as employers) and laborers who have formed labor relations with them within the administrative area of our province. ?

State organs, institutions, social organizations and workers who have established labor contract relations with them shall be implemented in accordance with these provisions.

Article 3 The administrative departments of labor and social security of provinces, cities and counties (including county-level cities and districts, the same below) shall be responsible for the management of wage payment of employers within their respective administrative areas. ?

Construction, finance, taxation, personnel, industry and commerce administration, comprehensive economic management and other relevant administrative departments shall, in accordance with their respective responsibilities, do a good job in the management of wage payment.

Article 4 Trade unions shall supervise the payment of wages by employers according to law, and have the right to correct the illegal payment of wages by employers or make suggestions to the government and its relevant departments, and provide support and help for workers to safeguard their right to receive remuneration according to law. ?

Article 5 Any organization or individual has the right to report the illegal payment of wages by the employing unit. ?

The government encourages, supports and protects the news media to supervise the wage payment of employers by public opinion according to law. ?

Sixth provincial and municipal labor and social security departments shall, according to the level of economic and social development of their respective administrative regions and the supply and demand of labor force, formulate and publish macro-control policies on wage levels on a regular basis. ?

Article 7 The employing unit shall, according to the local government's macro-control policies on the wage level, combine the labor market price and the economic benefits of the unit, and determine the wage level of the unit through collective consultation with trade unions or laborers. ?

Article 8 The employing unit shall gradually raise the wage level of workers according to the economic benefit growth of the unit, the wage guidance line issued by the local government, the wage guidance price and the average wage level of employees in the local area and industry. ?

Article 9 An employing unit shall formulate its own wage payment system according to law and make it public to all employees. ?

The wage payment system mainly includes the following matters:

(1) Items, standards and forms of wage payment; ?

(two) the time limit and date of salary payment; ?

(three) the calculation base of overtime pay; ?

(4) Deducting wages; ?

(5) Payment of wages under special circumstances; ?

(six) other matters related to the payment of wages. ?

Article 10 The employing unit and the laborer shall stipulate the wage standard in the labor contract. The salary standard is determined according to the employee's post or job. ?

Article 11 The employing unit shall withdraw cash from the Bank of basic deposit account with the Manual for the Use of Total Wages approved by the administrative department of labor and social security. ?

Article 12 The employing unit shall pay wages in legal tender, and shall not pay wages in kind or negotiable securities instead of money. ?

The employing unit shall pay the workers' wages on the agreed date. In case of legal holidays or rest days, wages should be paid in advance on the nearest working day. ?

Article 13 The employing unit shall calculate the wages of workers from the date of employment. ?

Article 14 An employer may pay wages by the hour, day, week and month. Where wages are paid according to the completion of a certain task, the wages of workers shall be paid on the day when the task is completed. ?

The employing unit shall pay wages to the workers at least once a month. ?

Article 15 The employing unit must record the amount, time and the name of the recipient of the employee's salary in writing, and keep it for more than two years for future reference. The employee has the right to inquire and check the payment of his own salary. ?

The employer can pay the wages directly to the workers themselves, or entrust the bank to pay them on their behalf. ?

The employer must provide the laborer with a list of his wages, which must be consistent with the wages actually paid. ?

Article 16 Where an employing unit pays wages directly to the laborer himself, it shall go through the formalities of signing for receipt. If a laborer is unable to receive wages for some reason, he may entrust his relatives or others to receive them. Where an employer entrusts a bank to pay wages on its behalf, it shall deposit the wages of the workers in full into its own account on the agreed date. The employer is responsible for coordinating with the entrusted bank to solve the problems that the workers can't receive their wages on time or the amount of wages is different in the entrusted bank.

Seventeenth the implementation of the annual salary system or pay wages according to the assessment cycle, the employer shall pay the wages of workers in advance at a rate not lower than the local minimum wage every month, and make a settlement at the end of the year or when the assessment cycle expires. ?

Article 18 If a laborer provides normal labor during the probation period and internship period after forming a labor relationship with the employer, the wage paid by the employer shall not be lower than the local minimum wage standard. ?

Article 19 The employing unit shall not arbitrarily deduct the wages of workers.

Except for matters that can be withheld according to laws and regulations, the employing unit shall deduct the wages of workers in accordance with the provisions of collective contracts and labor contracts or the rules and regulations formulated by the unit according to law. The monthly deduction shall not exceed 20% of the employee's monthly salary; The balance after deduction shall not be lower than the local minimum wage standard. ?

Article 20 If the employer and the employee terminate or terminate the labor contract according to law, the employer shall pay the employee's salary in one lump sum.

Article 21 Unless the flexible working hours system is implemented, if the employing unit arranges laborers to work outside the statutory standard working hours, it shall pay overtime wages to laborers according to the following standards:

(1) If the working hours are extended, it shall be paid at no less than 150% of my hourly wage base; ?

(two) if the rest day work can not be arranged for the same time, at least 200% of the daily wage base or hourly wage base of the workers shall be paid; ?

(3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their daily wage base or hourly wage base. ?

Article 22 The daily or hourly wage base for calculating overtime pay and wages during vacation shall be determined according to the employee's own wage standard agreed in the labor contract; If there is no agreement in the labor contract, it shall be determined according to the overtime salary base and the salary standard during the vacation period agreed in the collective contract; If there is no agreement in the labor contract or collective contract, it shall be determined according to the wages due to the normal labor of the laborer himself.

The overtime pay base and holiday pay determined in accordance with the provisions of the preceding paragraph shall not be lower than the local minimum wage. ?

Article 23 The employing unit that implements the piece-rate wage system shall scientifically and reasonably determine the labor quota and piece-rate unit price, and announce it to the public. If the laborer arranges overtime after completing the piece-by-piece task, the employer shall pay overtime wages not less than 150%, 200% and 300% of the piece-by-piece price respectively. ?

Article 24 The employing unit that implements the comprehensive working hours system shall, during the comprehensive working hours system, calculate the wages of the laborers according to their actual working hours. The part where the total actual working hours of workers exceed the legal working hours shall be regarded as extended working hours, and overtime pay shall be paid in accordance with these provisions. ?

Article 25 An employing unit that implements part-time working hours shall implement the hourly wage system. The hourly wage shall be determined by the employer and the employee through consultation, but it shall not be lower than the hourly minimum wage for local part-time employees. ?

Article 26 The employing unit shall pay employees wages during annual leave, family leave, marriage leave and funeral leave according to law.

During some public holidays, such as Women's Day and Youth Day, if the employing unit arranges laborers to have a rest or participate in holiday activities, it shall be deemed as providing normal labor and paying wages; Workers who work as usual will not get overtime pay. ?

Twenty-seventh workers in the period of personal leave, the employer may not pay their wages. ?

Article 28 If a worker stops working due to illness or non-work-related injury, the employer shall pay sick pay in accordance with the labor contract or collective contract within the prescribed medical treatment period, but it shall not be less than 80% of the local minimum wage. ?

Twenty-ninth employees due to work-related injuries or occupational diseases to stop working, in accordance with the provisions of the "Regulations on Work-related Injury Insurance" in the State Council to pay wages during the shutdown. ?

Thirtieth employees during maternity or family planning surgery leave, their wages should be implemented in accordance with the provisions of the "Regulations on Population and Family Planning in Liaoning Province". ?

Article 31 During the period when laborers participate in the following social activities according to law within the legal working hours, the employing unit shall pay wages according to the normal labor provided.

(1) Activities to exercise the right to vote and stand for election according to law; ?

(2) Activities of deputies to the people's congresses in performing their duties; ?

(three) as the representatives of the employees of the unit to participate in the collective consultation activities of the unit; ?

(4) The grass-roots committees of trade unions shall carry out trade union activities according to law; ?

(five) the people's court notice to testify in court; ?

(6) donating blood without compensation and participating in militia training or reserve training; ?

(7) Other obligations that citizens shall perform as prescribed by the Constitution and laws. ?

Thirty-second workers approved by the unit to participate in full-time, part-time study, further education and training, their wages and welfare benefits shall be determined by the employer and the employee through consultation. ?

Article 33 If a laborer is sentenced to public surveillance, criminal detention, fixed-term imprisonment with probation, or is released on parole, executed outside prison or released on bail pending trial, and the employer fails to terminate the labor contract with him during this period, and the laborer continues to work normally in the original unit, the employer shall implement it in accordance with the labor contract or the rules and regulations formulated by the unit according to law. ?

If a worker is sentenced to more than criminal detention according to law, or compulsory measures are taken to restrict personal freedom according to law, or administrative punishment is imposed to restrict personal freedom, the employer will not pay his salary during the period when his personal freedom is restricted. ?

Article 34 If an employer cannot pay wages on time temporarily due to difficulties in production and operation, it may pay wages according to the negotiation date after reaching an agreement with a trade union organization or employee representative, and the delay in paying wages shall not exceed 30 days. For more than 30 days, it shall be filed with the local labor and social security administrative department. ?

If the employing unit that implements the restructuring is in arrears with the wages of the workers before the restructuring, the time and amount of arrears must be clearly stipulated in the restructuring plan. ?

Article 35 If the employing unit stops work or business during the wage payment period, it shall pay the wages of the workers according to the standards agreed in the contract; If the payment period exceeds one wage payment period, it can be paid according to the labor provided by the employee and the standard re-agreed by both parties. If the laborer provides normal labor, the salary paid shall not be lower than the local minimum wage. ?

Article 36 If the employer's decision to terminate the labor relationship is revoked by the labor dispute arbitration committee or the people's court according to law or the judgment is invalid, it shall pay the employee the salary during the period of illegally terminating the labor relationship, and the salary standard shall be the average salary of the employees in this city during the same period; If the wages of employees are higher than the average wages of employees in this city in the same period, it shall be calculated according to the average normal working hours of employees themselves before 12 months. ?

Article 37 Where an employing unit goes bankrupt, terminates or is dissolved, the property after liquidation according to law shall be given priority to pay the wages and social insurance premiums owed by it in accordance with regulations.

Thirty-eighth in any of the following circumstances, workers have the right to complain and report to the administrative department of labor and social security:

(a) failing to pay wages in accordance with the labor contract or collective contract; ?

(two) the payment of wages is lower than the local minimum wage; ?

(3) Deducting wages or defaulting on wages without reason; ?

(4) Paying wages in kind or negotiable securities instead of money; ?

(five) other circumstances in violation of these provisions. ?

Article 39 The administrative department of labor and social security shall announce the telephone number of complaints and reports to the public, and improve the system of handling complaints and reports and the system of investigating and supervising cases. ?

Article 40 The administrative department of labor and social security shall record the employer's refusal to correct the unreasonable arrears or deduction of wages, and incorporate it into the enterprise credit evaluation system, release the announcement of its bad employment credit record to the society in time, and notify the tax authorities, customs, banks, industrial and commercial administrations, bidding agencies and other relevant units. The government and relevant departments shall not award any honorary title to the employer and its legal representative or person in charge who has been published with bad employment credit records. ?

Forty-first rural migrant workers concentrated in the employer, must according to the written notice of the administrative department of labor and social security, regularly report to the employment and wage payment.

Forty-second employers who default on the wages of workers without reason shall implement the wage guarantee system. ?

Construction enterprises that are in arrears with workers' wages for no reason must deposit the wage deposit into the bank account on the specified date according to a certain proportion of the contract price of the project before the construction project starts.

Construction and development enterprises that are in arrears with the project payment must provide guarantees before developing new projects. ?

The specific measures for the implementation of wage guarantee and project guarantee system shall be formulated by the provincial labor and social security administrative department, the provincial construction administrative department and other relevant departments, and shall be implemented after being approved by the provincial government. ?

Article 43 When the administrative department of labor and social security investigates and deals with cases of unpaid wages or unreasonable deduction of wages, if both the employer and the employee can't prove the amount of wages, they can refer to the average wages of employees in the same position of the employer or the average wages of employees on the job in this Municipality, and determine the amount of wages according to the principle of benefiting the employees. ?

Article 44 When there is a dispute between the laborer and the employer over the payment of wages, they may apply to the labor dispute mediation committee of their own unit for mediation, and one of the parties may also apply to the labor dispute arbitration committee for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court according to law. ?

Forty-fifth the employer has one of the following circumstances, the administrative department of labor and social security shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of more than 500 yuan 1000 yuan shall be imposed:?

(a) the wage payment system has not been formulated or the wage system has not been announced to the workers; ?

(2) Failing to provide the employee himself with a salary list; ?

(three) did not use the "payroll manual" to extract wages; ?

(4) Failing to keep the wage payment voucher as required. ?

Article 46 If the employer deducts or delays wages without reason, or the wages paid to the workers are lower than the local minimum wage, the administrative department of labor security shall order the workers to pay their wages in full within a time limit; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of more than 50% 1 times of the payable amount. ?

Article 47 If the employer fails to pay the wage security deposit according to the regulations, the administrative department of labor security shall impose a fine of 1000 yuan, and the administrative department of labor security, construction and other relevant departments may take administrative measures according to law or apply to the people's court for compulsory execution. ?

Article 48 Where an employing unit resists or obstructs the supervision and inspection by the administrative department of labor security, or fails to submit written materials as required, conceals the fact of wage payment, and issues perjury or conceals or destroys evidence, the administrative department of labor security shall punish it in accordance with the relevant provisions of the State Council's Regulations on Labor Security Supervision. ?

Article 49 If the employer fails to pay wages without reason, which makes it difficult to recover the wages of workers and causes events that seriously affect public order, the public security organ shall impose administrative penalties on the legal representative or person in charge of the employer according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. ?

Article 50 If a laborer or an employing unit refuses to accept the decision of administrative treatment or administrative punishment made by the administrative department of labor and social security, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. If the employing unit fails to apply for reconsideration or bring a lawsuit within the time limit, nor complies with the decision on handling or punishment, the administrative department of labor and social security shall apply to the people's court for compulsory execution. ?

Article 51 The staff of the relevant administrative departments such as labor and social security will not accept the report that meets the acceptance conditions, or will not investigate and deal with the illegal wage payment, or commit other acts of abuse of power, favoritism and dereliction of duty, and shall be given administrative sanctions according to law; Those suspected of committing a crime shall be handed over to judicial organs for handling according to law. ?

Article 52 The meanings of the following terms in these Provisions:

(1) Normal labor means that workers have fulfilled their labor obligations within the legal working hours or the working hours stipulated in the labor contract signed according to law. ?

(2) Deducting wages refers to the behavior that the employer fails to pay wages (including overtime wages, the same below) or fails to pay wages in full to the workers who provide normal labor, except in the circumstances stipulated in Article 19 of these Provisions. ?

(3) Wage arrears refer to the employer's delay in paying wages for more than 30 days, except for force majeure such as natural disasters and the reform of the employer. ?

(4) The trade union organization refers to the trade union organization established by the employer according to law and its superior trade union organization. ?

Article 53 The daily wages of laborers shall be converted into an average of 20.92 working days per month in accordance with the provisions of the national working hours system. The hourly wage is calculated by dividing the daily wage by 8 hours. ?

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Article 54 These Provisions shall come into force as of June 6, 2006.