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Interpretation Of Wage Rights And Interests Of Laborers

2011/6/7 11:30:00 44

Employers should arrange overtime work for workers and pay overtime wages according to law.

The labor law and the administrative punishment measures for violating the labor law of the People's Republic of China stipulate that employers should arrange overtime work for workers and pay overtime wages according to law.

If the employer refuses to pay overtime wages, the labor and social security administrative department shall order the laborers to pay their wages and pay an economic compensation equivalent to 25% of their wages.

And the employer can be ordered to pay the laborers equally.

Wages and salaries

One to five times the total sum of economic compensation to pay laborers compensation.

The standard of paying overtime pay is: (1) arrange for workers to extend their working hours (i.e. normal working days), pay 150% of the wages of workers who are not lower than the labor contract's hourly wage standard; (2) on the rest day (that is, Saturday, Sunday or other rest days), workers who are unable to arrange the work of the workers can not arrange to make up for the rest, and pay 200% of the wages of the laborers themselves, which is not lower than those stipulated in the labor contract; (3) statutory leave days (that is, new year's day, Spring Festival, International Labor Day, national day and their statutory holidays), which arranges the work of the laborers, and pays 300% of the wages of workers who are not lower than those stipulated in the labor contract.

A comprehensive working hour system is approved by the labor administrative department.

Worker

The part of the comprehensive calculation time exceeding the statutory standard working hours shall be regarded as the extension of working hours, and the wages extended to the working hours shall be paid according to the relevant provisions of the labor law and the Interim Provisions on wage payment.

Laborers who implement the system of irregular working hours do not enforce the provisions on the extension of working hours and wages in the labor law and the Interim Provisions on wage payment.

Workers with piecework wages shall arrange additional points outside the statutory working hours to pay 150% of the unit price per unit of their legal working hours, and pay 200% or 300% of the unit price per unit of legal work hours, respectively, on overtime days and statutory holidays.

Workers' daily wages can be divided according to the monthly wages of workers themselves by dividing the working days of the monthly system.

The average working days and working hours of workers are 20.92 days and 167.4 hours respectively.

Conversion

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The employer shall not pay wages to workers without cause.

The labor law and the administrative punishment measures for violating the labor law of the People's Republic of China stipulate that the employing unit shall pay the wages of labourers without cause, and the labor and social security administrative department shall order the workers to pay their wages and pay an economic compensation equivalent to 25% of their wages.

And the employer can be ordered to pay the worker's compensation according to the payment of wages equivalent to one worker to five times the sum of the total economic compensation.

"No reason for arrears of wages" means that the employer fails to pay the wages of the workers beyond the prescribed time of payment without justifiable reasons.

However, the following situations do not belong to "undue arrears" wages: (1) the employer can not pay wages on time due to the natural disasters and wars which are not able to be resisted by the employer; (2) due to the difficulties in production and operation and capital turnover, the employer can temporarily postpone payment of the wages of the laborers after obtaining the consent of the union of the unit. The maximum limit of the extension time can be determined by the labor administrative departments of the provinces, autonomous regions and municipalities directly under the central government according to the local conditions.