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(Promulgated on December 5, 1994 by Decree No. 90 of the
Shanghai Municipal People's Government. Amended and Re-promulgated
on
December 19, 1997 in Accordance with Decree No.54 of the Shanghai Municipal
People's Government. Amended and Re-promulgated
on August 21, 2002 in
Accordance with Decree No. 125 of the Shanghai Municipal People's
Government)
Article 1 (Purpose and Basis)
With a view to protecting the legitimate
rights and interests of the employees, safeguarding the basic necessities of
life for the
employees and their family members, and offering chances for fair
competition among enterprises, these Provisions have been formulated
in
accordance with the "Labor Law of the People's Republic of China" and other
relevant provisions and in the light of the actual
circumstances of this
Municipality.
Article 2 (Scope of Application)
These Provisions shall
apply to enterprises and the employees who have formed labor relationship with
them within the limits of
this Municipality.
Article 3 (Definition)
The
minimum wage mentioned in these Provisions refers to the minimum remuneration
for labor obligatorily paid by an enterprise to
its employees after they have
provided normal labor within the legal working hours.
Article 4 (Form and
Payment of Minimum Wages)
The minimum wage shall be divided into the monthly
minimum wage and the hourly minimum wage.
The monthly minimum wage shall
apply to the labor contract relationship of full-time employment, while the
hourly minimum wage shall
apply to the labor contract relationship of
non-full-time employment.
The minimum wage shall be timely paid in the form
of money.
Article 5 (Make-up of Minimum Wages)
The minimum wage shall be
made up of various items of income which shall enter the total wage in
accordance with the stipulations
of the State statistics department, after
deleting the follow items:
1. The wage payment for prolonging legal working
hours;
2. The allowance given for the swing shift, the night shift, and for
working under the special environmental conditions such as high
temperature, low
temperature, shaft, poisoning and harmful situations; and
3. Other income
items which should be excluded from the minimum wage in accordance with the
stipulations of the Municipal Labor
and Social Security Bureau.
The labor
insurance and welfare benefits for employees provided by laws, rules and
regulations shall not enter the minimum wage.
Article 6 (Calculation of
Minimum Wages)
In case that wages are paid by the piece or paid by deducting
a percentage, the actual monthly labor pay of the employee shall not
be lower
than the monthly minimum wage.
In case that the normal labor provided by the
employee who has formed a full-time employment labor contract relationship
within
the legal working time is less than a full month due to personal reason,
the minimum monthly wage shall be converted according to
the actual working
hours he/she provided.
The enjoyment of legal holidays, leaves for marriage
and funeral, and participation of social activities according to law by the
employee who has formed a full-time employment labor contract relationship shall
be regarded as the normal labor provided by the
employee.
Article 7
(Principles for Determination and Adjustment of Minimum Wage Standards)
The
determination and adjustment of minimum wage standards shall comprehensively
make reference to the following factors:
1. The lowest living expenses of the
employee him/herself and his/her average dependents;
2. The average wage
level of the society;
3. The labor productivity;
4. The employment
situation; and
5. The differences in the economic development between the
urban areas and the rural areas of this Municipality.
The determination and
adjustment of minimum wage standards shall also have a comprehensive
consideration over such factors as job
stability and welfare benefits of the
non-full-time employment professions.
Article 8 (Examination and Approval
Procedures for Determination and Adjustment of Minimum Wage Standards)
The
determination and adjustment of minimum wage standards shall be proposed by the
Municipal Labor and Social Security Bureau jointly
with the Shanghai Federation
of Trade Union and the representatives from the business circles, and be
implemented only after approved
by the Municipal People's Government, and be
reported to the State Council for the record.
The minimum wage standards
shall be published once every year.
Article 9 (Financial Arrangement and
Payment)
The minimum wage paid by the enterprises shall be totally included in the
cost.
Article 10 (Supervision by Trade Union)
Trade unions have the power
to supervise the implementation of the minimum wage standards. In case that the
wages paid by the enterprises
are found to be below the minimum wage standards,
the case may be referred to the labor and social security administrative
department
for handling.
Article 11 (Compensation Liability)
In case that
an employer violates these Provisions by paying an employee lower than the
minimum wage standards, the labor and social
security administrative department
shall order it to pay the arrears retroactively within a time limit in
accordance with the minimum
wage standards, and to pay a compensation according
to relevant State provisions.
Article 12 (Settlement of Dispute)
An
employee has the right to report to the labor and social security administrative
department any act of the enterprise in violation
of these Provisions. In case
of a dispute over the payment of the minimum wage, an employee may, according to
law, apply to the
labor dispute arbitration committee for arbitration. If the
employee not satisfied with the arbitration award, he may, according
to law,
take legal proceedings in a people's court.
Article 13 (Reconsideration and
Lawsuit)
In case the enterprise does not accept the specific administrative
acts imposed by the labor and social security administrative department,
the
enterprise may either apply for an administrative reconsideration, or bring an
administrative action in accordance with the
provision of the "Law of the
People's Republic of China on Administrative Reconsideration" and the
"Administrative Litigation Law
of the People's Republic of China".
Article 14
(Exceptions to the Scope of Application)
These Provisions shall not apply to
the enterprises that have been approved or ruled by the government or the
relevant department,
in accordance with the relevant provisions, to close down,
to make readjustment, or to go through the procedure of bankruptcy because
of
difficulties in production or operation.
The employee's wage and benefits
during the sick leave or leave for personal affairs shall be paid according to
relevant provisions
on leaves for sickness or personal affairs.
Article 15
(Cases Handled by Reference to these Provisions)
For other employees outside
the definition of Article 2 of these Provisions, the minimum labor pay shall be
handled by taking these
Provisions as reference.
Article 16 (Department
Responsible for Interpretation in Application)
The Municipal Labor and Social
Security Bureau shall be responsible for the interpretation of these Provisions
in their specific
application.
Article 17 (Effective Date)
These
Provisions shall become effective on January 1, 1995.
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