Revised Regulations on Payment of Wages Released in Shenzhen
On 4 August 2022, the Standing Committee of the Shenzhen Municipal People's Congress released the revised Regulations of Shenzhen on Payment of Employees' Wages on its official website, which shall come into force as of the date of promulgation.
There are 16 amendments in the revised version and the following changes should be kept in mind:
Clarify that if the payment period of wages is one month and the working days of the new employees are less than one month in the first month, then their first wages can be converted by working day and paid on the first wages payment date or paid on the second wages payment date together with the second wages. The method of payment shall be determined by the employer and employees through negotiation.
Clarify that when the labor relationship is dissolved or terminated, the undue monthly, quarterly and year-end bonus of employees shall be calculated and paid in accordance with the provisions of the labor contract; in case that there is no agreement in the labor contract, it shall be calculated and paid in accordance with the collective labor contract; in case that there is no agreement in the labor contract or collective labor contract, it shall be calculated and paid in accordance with the rules and regulations of the employer which formulated according to law; in case that there is no provisions in the rules and regulations of the employer, it shall be calculated and paid in accordance with the actual working hours of the employees. The previous version required that the payment should be calculated and made in accordance with the actual working hours of employees.
The retention period of payroll list has been changed from at least 2 years to 3 years.
The employer is allowed to provide electronic payroll list to the employees and the requirement for the employees to sign on the payroll list has been deleted.
The provision of economic punishment (deduction of wages) against the employee who violates the rules and regulations of the employer has been deleted.
Clarify that the employer shall inform the employees in writing before the deduction of their wages.
KAIZEN Group is equipped with experienced and highly qualified professional consultants and is therefore well positioned to provide professional advices and services in respect of the formation and registration of company, application for various business licences and permits, company compliance, tax planning, audit and accounting in China. Please call and talk to our professional consultants for details.
