Chongqing Municipality, Ensuring Minimum Wage Provisions

Promulgated: December 4 2000
Effective: January 1 2001
Interpreting authority: Municipal Labour and Social Security Department
Applicability: The Provisions are applicable to the wages of workers working for any kind of enterprise or individually-owned economic organization in Chongqing (Article 2).

Main contents: As defined by the Provisions, minimum wage is the least compensation a worker is entitled to for provision of normal labour during statutorily prescribed working hours, and such wage does not include overtime pay, special hardship benefits, in-kind subsidies and other non-wage benefits stipulated in laws and regulations (Article 6). The minimum wage standard shall be determined by the municipal government and shall be adjusted annually (Article 9). The wage agreed upon in a labour contract and actually paid to any worker shall not be lower than the minimum wage standard (Article 11). If an employer pays less than that standard, the employer must make up for the shortfall wage and pay a penalty (Article 12).
Related legislation: PRC, Labour Law, Jul 5 1994, CLP 1994 No.7 p21