Regulations of Shenzhen Special Economic Zone on Wage Protection (revised in 2008)

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the basic principles of relevant state laws and administrative regulations and in light of the actual conditions of the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone) for the purpose of safeguarding the legitimate rights and interests of workers, maintaining social stability and promoting social harmony. Article 2 These Regulations shall apply to the collection, use and management of the wage security fund in the Special Zone. Article 3. Establish a wage guarantee system and a wage guarantee fund in the special zone. Article 4 The wage guarantee system mentioned in these Regulations refers to a social and economic system in which the employer defaults on the wages of employees, and the competent department advances a certain amount of wages to employees with the wage guarantee fund in accordance with the provisions of these Regulations.

The employing units mentioned in these Regulations refer to enterprises, other economic organizations, private non-enterprise units and other organizations other than individual industrial and commercial households.

The term "employees" as mentioned in these Regulations refers to those who have established labor relations with the employing units. Article 5 The system of wage protection shall be based on the principles of social assistance and limited advance payment. Chapter II Protection of Wages on Back Article 6 A fund committee for protection of wages on back shall be established, which shall be composed of representatives from the administrative department of labor and social security of the municipal government (hereinafter referred to as the municipal labor and social security department), the financial department, trade unions, chambers of commerce, employers, etc. , and shall perform the following duties:

(a) to supervise the collection and advance of the wage protection fund;

(two) to coordinate and study the work related to wage security;

(three) report to the Municipal People's Government (hereinafter referred to as the municipal government) on the management of the income and expenditure of the wage protection fund.

The composition and working rules of the fund committee for the protection of wages in arrears shall be formulated separately by the municipal government. Article 7 The municipal labor and social security department is the competent department of wage protection, and as the office of the wage protection fund committee, it shall perform the following duties:

(a) responsible for the daily management of the wage security fund;

(two) supervision and inspection of the employer's payment of wages protection fees;

(three) report to the Committee on the Protection of Wages on a regular basis;

(four) to guide and supervise the work of the district labor administrative department;

(5) Other tasks assigned by the Fund Committee for the Protection of Wages on Back. The eighth district labor administrative department is responsible for the specific work of the administrative area of the protection of wages, perform the following duties:

(a) to accept and review the application for advance payment of wages;

(two) to make a decision on whether to advance the arrears of wages;

(three) to recover the unpaid wages paid in advance. Chapter III Wage Protection Fund Article 9 The sources of funds for the wage protection fund are as follows:

Wage protection;

(2) financial subsidies;

(three) the legitimate interests of the wage protection fund and the legal donations accepted. Article 10 The employing unit shall pay 400 yuan in the first quarter of each year. The newly established employer shall start to pay fees in the year following its establishment.

The wage protection fee shall be levied by the municipal social insurance agency.

The municipal government shall, according to the income and expenditure of the wage protection fund, put forward a motion to adjust or stop levying the wage protection fee, and submit it to the Standing Committee of the Municipal People's Congress for deliberation and decision. Eleventh wage security funds into the financial accounts management, the implementation of separation of revenue and expenditure. The wage security fund shall not be used for other purposes except in accordance with the provisions of these regulations.

The specific measures for the administration of the wage protection fund shall be formulated separately by the municipal government. Article 12 The use of the wage protection fund shall be managed in advance, which shall be allocated by the municipal finance department to the municipal labor and social security department, and allocated by the municipal labor and social security department to the labor administrative departments of all districts. Article 13 The Committee of Wage Protection Fund shall announce to the public the collection, advance payment, recovery and balance of the wage protection fund of the previous year in the first quarter of each year.

The municipal audit department shall regularly audit and supervise the income and expenditure of the wage protection fund, and announce the audit results to the public. Chapter IV Advance Payment of Back Wages Article 14 If an employer defaults on wages in any of the following circumstances, the laborer may apply to the district labor administrative department for advance payment of back wages:

(1) The people's court accepts the bankruptcy application according to law;

(2) The legal representative or principal responsible person conceals or escapes. Article 15 Where a laborer applies for advance payment of back wages, he shall submit a written application to the district labor administrative department within 30 days from the date when he knows or should know the circumstances specified in Article 14 of these regulations, and present the labor contract with the employer or other certificates and proof materials of labor relations, and submit a copy. Sixteenth applications for advance payment of wages of the following persons will not be accepted:

(a) the legal representative or principal responsible person of the unpaid unit;

(2) Close relatives of the persons listed in the preceding paragraph.

(3) Persons who hold shares of units with unpaid wages and whose share capital reaches more than 200,000 yuan;

(four) the average salary in the first three months of unpaid wages exceeded three times the average monthly salary of employees in this Municipality in the previous year;

(five) the accumulated unpaid wages are less than two hundred yuan. Seventeenth district labor administrative departments shall accept the application in accordance with the provisions of article fifteenth of these regulations; Do not meet the requirements, it shall give a reply within three working days; Fails to reply, as accepted. Article 18 After accepting the application, the district labor administrative department shall go to the employing unit to obtain necessary materials such as attendance records, wage standards, wage payment and financial statements, and examine the authenticity of the time and amount of wage arrears and related materials.

The laborer, the employer, the owner of the employer's business premises or the realty service unit shall cooperate with the investigation of the district labor administrative department.