In order to regulate the behavior of enterprise wage payment, safeguard the right of workers to obtain labor remuneration, according to the "Chinese People's Republic of China *** and the State Labor Law" and other laws and regulations, combined with the actual situation in Qingdao, Qingdao City, Qingdao City, the enterprise wage payment regulations, the following is the fresh graduates I give you to organize to provide the relevant content, come to read and see it.

Chapter I General

Article 1 in order to regulate the payment of wages to enterprises, safeguard the right of workers to obtain remuneration for their labor, according to the "Chinese People's *** and State Labor Law" and other laws and regulations, combined with the actual situation in the city, the formulation of the provisions.

Article II of this provision applies to the city's Shinan District, Shibei District, Sifang District, Licang District, Laoshan District, Huangdao District, Chengyang District within the enterprise, private non-enterprise units, individual economic organizations (hereinafter referred to as the employer) and the formation of labor relations with the workers.

Article 3 of the provisions of the wage, refers to the employer in accordance with the relevant provisions of the state, provinces and municipalities, and the labor contract agreement, in the form of legal tender paid to the workers of the labor remuneration.

Article 4 workers in the legal working hours to provide normal labor, the employer to pay the workers shall not be less than the local minimum wage.

Article 5 of the municipal and district (city) people's government labor security administrative departments in accordance with the law on employers to comply with the provisions of the wage payment supervision and inspection. Economic and trade, finance, industry and commerce, taxation, auditing, construction, banking and other relevant departments shall, in accordance with their respective responsibilities to assist the labor security department to do a good job in the supervision and management of the payment of wages by employers.

The trade unions shall supervise the employers' compliance with the wage payment regulations in accordance with the law, and shall have the right to represent the employees to negotiate with the employers, conduct investigations and put forward opinions and suggestions when they find violations of the law.

Chapter II payment of wages

Article 6 employers shall, in accordance with the law on the payment of wages related to the formulation of the basic wage payment system. The implementation of collective wage consultation system of employers should be with the labor union on wage payment related issues in accordance with the law for collective consultation, signed a collective agreement on wages. Employers and workers shall agree on the payment of wages in the labor contracts they conclude. The agreed wage payment standard shall not be lower than the provisions of the collective contract or collective wage agreement.

Article 7 of the collective agreement on wages and labor contracts agree on the payment of wages should include the following:

(a) payment standards; (b) payment items; (c) payment forms; (d) the cycle and date of payment; (e) the deduction of wages; (f) other wage payments.

The content of the wage payment agreed between the employer and the workers shall not violate the provisions of laws, regulations and rules.

Article 8 of the employer shall establish a normal wage adjustment mechanism, according to the wage guide line set by the local government and the production and operation of the unit, with reference to the labor market wage guide price, to formulate the wage adjustment program. The adjustment program shall seek the views of the trade unions or staff (representative) meeting of the unit. Article IX wages shall be paid in legal tender, shall not be paid in kind or securities instead of money.

Article 10 of the employer shall provide workers with a list of wages when paying wages.

The list of wages shall include: the time of payment of wages, name, number of working days, overtime, wages payable, wages paid and wages deducted from the project, the amount and so on. The employer's payroll list should be kept for at least 2 years.

Article 11 of the employer to pay wages directly, the wages shall be paid to the workers themselves, and signed by myself. Workers can not receive wages for any reason, can be entrusted in writing on behalf of others. The written authorization shall be filed with the wage list. The employer entrusts the bank to pay wages on behalf of the bank, the wages should be transferred to the workers' account on time.

Article 12 of the employer shall pay the wages of workers in full according to the date agreed in the labor contract. In case of holidays or rest days, payment shall be made in advance on the nearest working day. Wages shall be paid at least once a month. If the employer has difficulties in production and operation and is temporarily unable to pay wages on time, the employer may, by consensus with the labor union of the employer, postpone the payment of wages to the workers and inform all the workers of the postponement of payment, and the maximum postponement period shall not exceed 30 days.

Article 13 of the employer needs to implement the minimum wage standard due to production and management difficulties and other reasons, shall obtain the consent of the trade union of the unit or the staff (representative) meeting to consider and adopt, and from the date of implementation of one month, in accordance with the authority of wage management to report to the administrative department of labor security.

Article 14 of the following circumstances, the employer shall, in accordance with the following standards, pay wages higher than the wages of the workers' normal working hours: (a) the employer to arrange for the workers to extend the working hours beyond the daily legal standard working hours, in accordance with the base of not less than 150% of the calculation of the daily or hourly overtime wages to pay overtime wages; (b) the employer to arrange for the workers to work on the rest days, shall first arrange for the workers to work on the rest days, shall first arrange for the workers to work on the rest days, shall first arrange for the workers to work on the rest days. (b) the employer arranges for workers to work on rest days, should first arrange for their compensatory time off; compensatory time off shall not be less than the overtime time. If no compensatory time off can be arranged, overtime wages shall be paid in accordance with not less than 200% of the basis for calculating the daily or hourly overtime wages of the employee; (3) If the employer arranges for the employee to work on a statutory vacation, overtime wages shall be paid in accordance with not less than 300% of the basis for calculating the daily or hourly overtime wages of the employee. "Overtime wage base" refers to the employer's normal production and operation of the workers themselves last month after deducting overtime wages, but shall not be less than the local minimum wage.

Article 15 The employer who implements piece-rate wage system shall refer to the labor quota standard issued by the State Ministry, determine the labor quota and piece-rate unit price in accordance with the principles of science and reasonableness, and consult the labor union of the unit. If the employer arranges for a worker to work beyond the legal standard working hours after the worker has completed the piecework quota, the employer shall pay overtime wages in accordance with the ratio stipulated in Article 14 of the Regulations, based on the piecework unit price of not less than the legal working hours of the worker himself/herself.

Article 16 of the labor security administrative department approved the implementation of the comprehensive calculation of working hours work system, the actual working hours within the comprehensive calculation cycle should not exceed the total legal standard working hours, more than part of the extended working hours are considered to be the employer shall be 150% of the overtime wages paid to the workers. Where workers are scheduled to work on statutory vacations, the employer shall pay overtime wages at 300%. The implementation of a comprehensive working hours system of concentrated rest time, the employer shall pay wages in accordance with the labor contract agreed rest time wage payment standards, there is no agreement, in accordance with the average monthly salary of the workers in the previous year.

Article 17 workers enjoy annual leave, family leave, marriage leave, bereavement leave and other leave period, the employer shall pay wages in accordance with the wage standard agreed in the labor contract. If there is no agreement, the normal production and operation of the employer, the worker's normal wages for the previous month before the vacation as the standard. If the worker takes leave of absence, the employer may not pay the wages during the leave of absence.

Article 18 workers in the legal working hours in accordance with the law to participate in social activities, the employer shall be regarded as providing normal labor and pay wages. Social activities include: exercising the right to vote and the right to stand for election in accordance with the law; attending meetings held by the government of the township (township), county (district) or above, political parties and factions, trade unions, youth groups, women's federations, etc., as elected representatives; testifying in court; attending the conference of model workers and advanced workers; the part-time trade union chairpersons, vice-chairpersons, and members of trade unions who are occupying the production or working time due to trade union activities as stipulated in the Trade Union Act; and other social activities in accordance with the law.

Article 19 of the workers injured at work or suffering from occupational diseases, medical treatment during the period of medical treatment and disability appraisal, in accordance with the provisions of the national, provincial and municipal workers' compensation insurance.

Article 20 workers stop working due to illness or non-work-related injuries, the employer shall pay sick pay or sickness relief in accordance with the following standards: (a) in the prescribed medical period, the cumulative total of medical treatment does not exceed six months, the employer to send 70% of their wages sick pay; (b) in the prescribed medical period, the cumulative total of medical treatment more than six months, to send my salary (ii) if the medical treatment period exceeds six months, the employer shall pay 60% of the wages; (iii) if the medical treatment period exceeds the prescribed period and the employer fails to organize the appraisal of labor capacity, the employer shall pay 80% of the local minimum wage as the sickness relief payment. The minimum sick pay and sickness relief payment shall not be less than 80% of the local minimum wage standard, and the maximum shall not exceed the average monthly wage of the employees of the enterprise in the previous year. The personal wages referred to in this Article refer to the average monthly wages of the 12 months prior to the worker's own illness. If the worker has worked for less than 12 months, the average monthly wage shall be calculated according to the actual number of months worked.

Article 21 of the employer due to temporary difficulties in production and operation of the arrangement of workers on standby, not more than a wage payment cycle, the employer shall pay the wages of workers in accordance with the standard agreed in the labor contract; more than a wage payment cycle, by consensus with the workers, can reduce the wage payment standard, but should not be less than 80% of the local minimum wage standard; consultation fails, the two sides Can terminate the labor contract, the employer in accordance with the provisions of the payment of economic compensation.

Article 22 workers are subject to disciplinary action, the employer did not terminate the labor contract with them, and the workers provide normal labor, should be paid in accordance with the standards agreed in the labor contract; change of labor positions and positions, the employer shall pay wages according to the workers after the change of positions and positions.

Article 23 of the part-time employment of labor remuneration payment, from its agreement, can be paid weekly, daily, hourly, but shall not be lower than the local minimum wage standard. Part-time minimum hourly labor compensation standards by the municipal labor security administrative department in conjunction with the relevant departments to develop, in accordance with the prescribed procedures for approval and implementation. Part-time employment of the minimum hourly labor compensation standards, including hourly wage income and social insurance premiums should be paid.

Article 24 During the period of labor relations, the employer shall, in accordance with the law, from the wages of the workers to withhold and pay the following taxes and fees: (a) the individual income tax shall be paid by the individual workers; (b) shall be paid by the individual workers of the social insurance premiums; (c) court judgments, rulings require withholding of maintenance, alimony and other expenses; (d) laws, rules and regulations can be deducted from the wages of the workers other costs. (d) laws, regulations, rules and regulations can be withheld from the wages of workers in other costs.

Article 25: If a worker causes economic loss to the employer for his own reasons, the employer may require him to compensate for the economic loss in accordance with the labor contract. The compensation for the economic loss may be deducted from the worker's own salary, but the monthly deduction shall not exceed 20% of the worker's salary for the month, and the remaining part after deduction shall not be lower than the local minimum wage standard.

Chapter III Supervision of Wage Payment

Article 26 workers find that the employer has one of the following circumstances, the right to report to the administrative department of labor security complaints: (a) failure to pay wages in accordance with the labor contract, the collective contract, the collective agreement on wages; (b) lower than the local minimum wage standard for the payment of wages; (c) withholding or defaulting on payment of wages for no reason; (d) refusing to pay overtime wages; and (e) the employer is not allowed to pay overtime wages; (f) the employer is not allowed to pay overtime wages; the employer is not allowed to pay overtime wages. Refusal to pay overtime wages; (e) default on wages and intentionally transfer or conceal assets; (f) other circumstances affecting the payment of wages to workers.

Article 27: If the labor union of an employer discovers that there are circumstances stipulated in Article 26, it may negotiate with the employer on behalf of the workers and request the employer to take measures to rectify the situation. If the employer's union refuses to correct the situation, the employer's union shall report the situation to the higher-level union and at the same time request the administrative department of labor security to deal with the situation in accordance with the law. Above the district (city) Federation of Trade Unions Labor Law Supervision Committee of the employer wage payment situation on a regular basis to organize investigations, and timely written reports to the same level of trade unions, higher trade unions, labor security administrative departments to investigate the situation.

Article 28 of the labor security administrative departments in accordance with the law on the employer to monitor the payment of wages. Employers should truthfully report the situation when accepting the supervision, and provide the necessary information and proof. Labor security administrative departments to deal with complaints and reports should be confidential for the informant.

Article 29 of the enterprise wage payment should be an important part of the assessment of corporate integrity. The relevant departments should be deducted from the enterprise, the unreasonable delay in payment of wages and other illegal behavior, recorded in the enterprise credit file.

Article 30 of the implementation of wage arrears reporting system. Employers owe wages for more than 1 month, shall report to the labor security administrative departments. Wage arrears report shall include the reasons for the arrears of wages, time, amount, the number of employees involved, production and operation and financial situation, repayment plans and measures

Article 31 of the pilot construction and other enterprises in arrears of wages protection system, the specific measures to be formulated by the Municipal Labor and Security Administration, in conjunction with the construction of other relevant departments. Article 32 of the construction enterprises owe workers wages, the contractor failed to settle the project payment, labor security administrative departments can order the contractor to pay the wages of workers; contractor has settled the project payment, the general contractor and subcontractor failed to settle the project payment, labor security administrative departments can order the general contractor to pay the wages of workers. The contracting party or the general contractor to pay wages to the extent of the unsettled payment of the project.

Article 33 of the partnership owes wages to workers, a partner hiding or unable to pay, the administrative department of labor security may order the other partners to pay the wages of the workers; partners pay first, according to the law to other partners to recover.

Article 34 of the employer does not fulfill the labor security administrative departments to make the decision to order the payment of wages, by the administrative departments of labor security to make the decision to apply for compulsory execution of the people's court according to law. Delinquent employers intend to transfer or conceal assets, the labor security administrative department may apply to the people's court for property preservation.

Chapter IV Dispute Handling of Wages

Article 35 of the labor dispute between the workers and employers due to the payment of wages, you can apply to the Labor Dispute Mediation Committee for mediation; mediation fails, you can apply for arbitration to the Arbitration Commission of Labor Disputes; you can also directly to the Arbitration Commission of Labor Disputes for arbitration. The parties do not accept the decision of the Arbitration Commission of labor disputes, can be sued to the people's court according to law.

Article 36 of the employer without reason, withholding or stopping the payment of wages for more than three months, resulting in the workers do not have basic protection of life, the workers in the labor arbitration, the workers can apply for payment in accordance with the law.

Chapter V Legal Liability

Article 37 If an employer withholds or defaults on the payment of wages and refuses to pay the overtime wages of workers, the administrative department of labor security shall order the payment of the full amount of the workers' wages and remuneration, and the main person in charge of the enterprise and the person directly responsible shall be fined not less than 1,000 yuan and not more than 3,000 yuan, and the employer shall be dealt with in accordance with the following provisions. processing: (a) if it exceeds one month, it shall be ordered to pay economic compensation equal to 25% of the wage remuneration; (b) if it exceeds three months, it shall be ordered to pay economic compensation equal to 25% of the wage remuneration, and may be ordered to pay compensation to the workers at a rate equal to one times the sum of the payment of the workers' wage remuneration and economic compensation; (c) if it exceeds six months, it shall be ordered to pay economic compensation equal to 25% of the wage remuneration, and may be ordered to pay economic compensation equal to the sum of the wage remuneration and economic compensation, and may be ordered to pay economic compensation equal to the sum of the wage remuneration and economic compensation, and shall be ordered to pay economic compensation equal to 25% of the wage remuneration. (c) more than six months, ordered to pay 25% of the wages and economic compensation, and may order the payment of workers' compensation equivalent to the total amount of wages and economic compensation paid to workers two to five times, and at the same time announced to the public through the news media.

Article 38 Any employer who commits any of the following acts shall be ordered by the administrative department of labor security to make corrections, and may be fined not less than 2000 yuan and not more than 5000 yuan: (1) violating the provisions of Article 13 of the present provisions, unauthorized implementation of the minimum wage standard; (2) violating the provisions of Article 30 of the present provisions, and failing to implement the system of reporting on non-payment of wages.

Article 39 of the employer has the provisions of Article 37, 38, in addition to violations of the provisions of wage payment, the labor security administrative department may, depending on the severity of the case, be given a warning and ordered to make corrections within a period of time. Refusal to rectify, the labor security administrative department may impose a fine of 2000 yuan or more than 5000 yuan; the main person in charge of the enterprise and the person directly responsible for the fine of 1000 yuan.

Article 40 of the employer defaults on the payment of wages to workers during the unexplained period, its legal representative or person in charge shall not be rated as advanced; state-owned, collective enterprises, the legal representative or person in charge, shall not be promoted to higher grades and positions, the implementation of the annual payroll system, shall not be honored the annual payroll.

Article 41 of the administrative department of labor security staff have one of the following acts, the relevant departments to give administrative sanctions; constitutes a crime, shall be investigated for criminal responsibility: (a) the workers' complaints and reports and employers' unions of the proposed handling of the inadmissibility of not promptly investigated and dealt with; (b) abuse of power, neglect of duty; (c) embezzlement, acceptance of bribes, favoritism and malpractice; (d) disclosure of the inspection in the Know the commercial secrets; (e) disclosure of informants. Chapter VI Supplementary Provisions

Article 42 of the workers monthly legal working hours of 20.92 days, 167.4 hours. The deduction of wages referred to in this provision refers to the employer's behavior of deducting the wages of workers without statutory and agreed reasons. Unreasonable non-payment of wages refers to the employer's failure to pay workers' wages in full and on time, with the exception of delayed payment of wages due to natural disasters and other force majeure reasons, and delayed payment of wages by consensus with the labor union.

Article 43 The people's governments of Jiaozhou City, Jiaonan City, Jimo City, Pingdu City, Laixi City, may formulate regulations on the payment of wages for enterprises in the city in accordance with the provisions of this regulation in the light of the local situation.

Article 44 of the provisions of this January 1, 2004 shall come into force.

Qingdao City, the determination of wage payment standards

First, the normal circumstances of wage payment standards - "Qingdao Municipal Enterprise Wage Payment Provisions," Articles 3, 4, 7

workers in the legal working hours to provide normal labor, the employer shall be in accordance with the wage standard agreed upon in the labor contract to the laborer to pay the full amount of labor compensation. The law stipulates that the employer and the worker must agree on the wage standard in the labor contract, and the agreement cannot violate the mandatory provisions of laws and regulations, especially the minimum wage standard.

Second, the special circumstances of the wage payment standards

(a) sick leave during the sick pay or sick relief payment standards - "Qingdao Municipal Enterprises Wage Payment Regulations," Article 20

1, there are three kinds of circumstances: (1) in the prescribed medical period, the cumulative total of medical treatment without work does not exceed six months, the employer to send 70% of their wages. Sick pay; (2) in the prescribed medical period, stopping work for medical treatment for a total of more than six months, to be issued to 60% of their wages for sickness relief; (3) more than the medical period, the employer did not organize the required identification of labor capacity, according to not less than 80% of the local minimum wage to pay for sickness relief.

2. Calculation base: the above salary refers to the average monthly salary of the 12 months before the worker's illness. If the worker has worked for less than 12 months, the average monthly salary is calculated according to the actual number of months of work.

3. Upper and lower limits: the minimum sick leave pay and sickness relief pay shall not be less than 80% of the local minimum wage standard, and the maximum shall not be more than the average monthly wage of the employees of the enterprise in the previous year.

(ii) the payment standard of overtime pay - "Qingdao Municipal Enterprises Wage Payment Regulations" Article 14

1, there are three kinds of circumstances: (1) overtime work outside the statutory standard working hours, pay no less than 150% of the calculation base; (2) overtime work on rest days and do not arrange for compensatory time off, pay no less than 200% of the calculation base; (3) overtime work on statutory holidays, pay no less than 300% of the calculation base; (4) overtime work on statutory holidays, pay no less than 300% of the calculation base. Not less than 300% of the calculation base

2. Calculation base: the normal production and operation of the employer's normal production and operation of the worker's own wages last month after deducting overtime wages, but shall not be less than the local minimum wage standard.

(C) Maternity allowance payment standard during maternity leave

Article 8 of the Special Provisions for the Labor Protection of Female Employees and Workers stipulates: "The maternity allowance during maternity leave of female workers and employees shall be paid by the Maternity Insurance Fund in accordance with the standard of the average monthly salary of the employees of the employing organization in the previous year for those who have taken part in the Maternity Insurance; and in accordance with the standard of the salary before maternity leave for those who have not taken part in the Maternity Insurance. wages before maternity leave shall be paid by the employer."

(4) Wage Payment Standards for Marriage and Bereavement Leave, Family Visitation Leave, and Annual Leave

The first paragraph of Article 17 of the Provisions on Wage Payment in Qingdao Municipal Enterprises stipulates, "During the period in which a worker is entitled to annual leave, family visitation leave, marriage leave, and bereavement leave in accordance with law, the employing unit shall pay the worker's wages in accordance with the wage standard agreed in the labor contract. If there is no agreement, the wages shall be calculated in accordance with the employer's normal production and operation, and the worker's own normal wages for the previous month before the leave."

(E) Wage payment standards during work stoppage and production suspension - Article 21 of Qingdao Provisions on Wage Payment by Enterprises stipulates that

There are two scenarios: (1) within a wage payment cycle, the enterprise pays the wages according to the standard agreed upon in the labor contract; (2) beyond

a wage payment cycle, if there is a consensus, the enterprise can pay wages of not less than 80% of the minimum wage; and (3) beyond a wage payment cycle, the enterprise can pay wages of not less than 80% of the minimum wage, if the consensus is reached; the enterprise can pay wages of not less than 80% of the minimum wage. 80% of the minimum wage; if the negotiation fails, the labor contract can be terminated, and the enterprise will pay the economic compensation in accordance with the provisions.