Wages, Work Hours and Holidays

Xie, Zengyi

doi:10.1007/978-3-662-46929-3_5

Zengyi Xie⁴

Part of the book series: Research Series on the Chinese Dream and China’s Development Path ((RSCDCDP))

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Abstract

“Wage” means remuneration directly paid to the employee by the employer in the form of cash in accordance with relevant government regulations or the labor contract. “Wage” generally can encompass hourly wage, wage by piecework, bonuses, allowances, subsidies, overtime pay, and remuneration under special circumstances. Wage constitutes the majority of an employee’s income. According to the regulations, the following employee income is not considered wage: (1) benefits paid to individual employees by the employer, such as bereavement benefits, hardship relief, and family planning subsidies; (2) supplies for labor protection, such as work uniforms, antidotes, and beverages; (3) other remunerations and earning not included in an employee’s total income, such as legitimate award money associated with such honors as the Invention Award, the National Spark Award, the Natural Science Award, the Science and Technology Progress Award, the Sound Technical Improvements Proposal Award, and the China Skills Grand Award, as well as royalties for scripts, lecture fees, and translation fees.

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Notes

1.
Ministry of Labor, Opinions on Issues Regarding Implementation of the Labor Law of the People’s Republic of China, Article 53.
2.
Labor Law, Article 50.
3.
Regulations of Wage Payment in Beijing, Article 9.
4.
Labor Law, Article 46.
5.
Feifei Ke, Yanlong Jiang, and Tiancheng Jiang, Analysis on the Difficulty in the Cases concerning the Principle of “Equal Work, Equal Pay” Brought by the Dispatch Workers, China Labor, 2011, No.12, p. 19.
6.
Labor Law, Article 47.
7.
Fang Cai, The Dilemma of Wage Raise: To Interfere or to Correct the Market? In Fang Cai (ed.): China Population and Labor Report, No. 14: From Demographic Dividend to Institutional Dividend, Social Sciences Academic Press, 2013, p. 82, 86.
8.
Labor Law, Article 51.
9.
Regulations of Wage Payment in Beijing, Articles 21, 22.
10.
Labor Law, Article 44.
11.
A.C.L. Davies: Perspectives on Labor Law, Cambridge University Press, 2004, pp. 138–139.
12.
See Huge Collins, K.D. Ewing and Aileen McColgan, Labor Law: Text and Materials, Hart Publishing, Oxford and Portland, Oregon, 2005, pp. 389–391.
13.
Ministry of Human Resources and Social Security, Statistical Bulletin of the Development of Human Resources and Social Security Undertaking of 2013.
14.
The Minimum Wage Regulations, Article 2.
15.
The Minimum Wage Regulations, Article 5.
16.
The Minimum Wage Regulations, Article 6.
17.
The Minimum Wage Regulations, Article 7, 8, 10.
18.
The Minimum Wage Regulations, Article 12.
19.
The Minimum Wage Regulations, Article 11, 12.
20.
Ministry of Human Resources and Social Security, Statistical Bulletin of the Development of Human Resources and Social Security Undertaking of 2012.
21.
Ministry of Human Resources and Social Security, Statistical Bulletin of the Development of Human Resources and Social Security Undertaking of 2013.
22.
Fang Cai, The Dilemma of Wage Raise: To Interfere or to Correct the Market? In Fang Cai (ed.), China Population and Labor Issues Report, No. 14: From Demographic Dividend to Institutional Dividend, Social Sciences Academic Press, 2013, p. 82.
23.
Ministry of Human Resources and Social Security, Statistical Bulletin of the Development of Human Resources and Social Security Undertaking f of 2011.
24.
Ministry of Human Resources and Social Security, Statistical Bulletin of the Development of Human Resources and Social Security Undertaking of 2012.
25.
Ministry of Human Resources and Social Security, Statistical Bulletin of the Development of Human Resources and Social Security Undertaking of 2013.
26.
Http://www.lowpay.gov.uk/. The Low Pay Commission (LPC) was established as a result of the National Minimum Wage Act 1998 to advise the Government about the National Minimum Wage.
27.
Fair Labor Standards Act, Sec. 6.
28.
Source: Beijing City Statistics Information website: http://www.bjstats.gov.cn/tjzn/mcjs/201306/t20130608_250284.htm.
29.
Source: Beijing City Human Resources and Social Security Bureau website, Relevant Standards of Social Security in Beijing of the Past Years, http://www.bjstats.gov.cn/tjzn/mcjs/201306/t20130608_250284.htm.
30.
Interpretation of Applicable Laws in Adjudicating Labor Dispute Cases by the Supreme People’s Court (III), 2010, Article 3.
31.
Article 36 of Labor Law, 1994.
32.
Article 3 of the Regulations on Work Hours of the Employee, 1995.
33.
Article 41, 42 of Labor Law.
34.
Wenzhen Wang, Kun Huang, The Tasks and Countermeasures in the Labor Standards Legislation, China Labor, 2012, No.5, p. 11.
35.
Article 39 of Labor Law of 1994.
36.
Article 3 of the Measure concerning the approval on the system of flexible work hours and the aggregation system of work hours, No. 503, Issued by the Ministry of Labor, 1994.
37.
Wenzhen Wang, Kun Huang, The Task and Countermeasures in the Labor Standards Legislation, China Labor, 2012, No.5, p. 11.
38.
Article 5 of the Measure concerning the approval on the system of flexible work hours and the aggregation system of work hours, No. 503, Issued by the Ministry of Labor, 1994.
39.
Xinmin Zhang, Suggestions for Improving the Special Work Hours system in China, China Labor, 2012, No. 9, p. 6.
40.
Xinmin Zhang, Suggestions for Improving the Special Work Hours System in China, China Labor, 2012, No. 9, pp. 7–8.
41.
Article 38 of Labor Law.
42.
Article 2 of the Regulations on the Leave for the National Holidays and Memorial Days in 2013.
43.
Article 2 of the Regulations on the Annual Paid Vacation for Workers, 2007.
44.
Article 3 of the Regulations on the Annual Paid Vacation for Workers, 2007.
45.
Manfred Weiss and Marlene Schmidt, Labor Law and Industrial Relations in Germany, Kluwer Law International, 2008, p. 103.
46.
Article 5 of the Regulations on the Annual Paid Vacation for Workers, 2007.

References

Fang Cai, The Dilemma of Wage Raise: To Interfere or to Correct the Market? In Fang Cai (ed.), China Population and Labor Report, No. 14: From Demographic Dividend to Institutional Dividend, Social Sciences Academic Press, 2013
Google Scholar
Wenzhen Wang, Kun Huang, The Tasks and Countermeasures in the Labor Standards Legislation, China Labor, 2012, No.5
Google Scholar
Xinmin Zhang, Suggestions for Improving the Special Work Hours system in China, China Labor, 2012, No. 9
Google Scholar
A. C.L. Davies, Perspectives on Labor Law, Cambridge University Press, 2004
Google Scholar
Manfred Weiss and Marlene Schmidt, Labor Law and Industrial Relations in Germany, Kluwer Law International, 2008
Google Scholar
Huge Collins, K.D. Ewing and Aileen McColgan, Labor law: Text and Materials, Hart Publishing, Oxford and Portland, Oregon, 2005
Google Scholar

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Institute of Law, Chinese Academy of Social Sciences, Beijing, China
Zengyi Xie

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Xie, Z. (2015). Wages, Work Hours and Holidays. In: Labor Law in China. Research Series on the Chinese Dream and China’s Development Path. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-662-46929-3_5

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DOI: https://doi.org/10.1007/978-3-662-46929-3_5
Publisher Name: Springer, Berlin, Heidelberg
Print ISBN: 978-3-662-46928-6
Online ISBN: 978-3-662-46929-3
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