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Article 40 The labor and security department shall establish and improve the system for reporting and plaining illegal acts related to the payment of wages, set up mail boxes of tipoff and plaint, announce the phone numbers for tipoff and plaint, provide convenience for employees t。Article 39 The labor and security department shall establish and improve the supervision and inspection system of employing entities on the payment of wages, regulate the supervision and inspection procedures, and exercise surveillance over the payment of wages by employing entities, and handle the illegal acts, if the labor and security department inspects the payment of wages by employing entities, the employing entities shall faithfully report their respective situations, provide the relevant materials and certificates, and may not resort to fraud, obstruction or ,規(guī)范監(jiān)督檢查程序,依法對(duì)用人單位工資支付情況進(jìn)行監(jiān)察,對(duì)違法行為進(jìn)行處理。 government at or above the county level shall establish an earlywarning system on the payment of case any collective event is caused due to the default or skimp of wages of employees, the labor and security department shall, according to the emergency handling mechanism, handle it together with the relevant department, which shall give their 縣級(jí)以上人民政府應(yīng)當(dāng)制定工資支付應(yīng)急預(yù)案。納入工資支付重點(diǎn)監(jiān)察的用人單位,付清原拖欠的勞動(dòng)者工資,且在六個(gè)月期限內(nèi)未再發(fā)生新的拖欠的,勞動(dòng)保障部門應(yīng)當(dāng)解除其重點(diǎn)監(jiān)察;已向社會(huì)公布的,應(yīng)當(dāng)在原公布范圍內(nèi)公示解除重點(diǎn)監(jiān)察。 government at or above the county level shall establish an earlywarning system on the payment of wages in accordance with the actual situation of its own jurisdiction on the payment of labor and security department may exercise focused surveillance over those employing entities that have defaulted in the payment of wages of employees for two or more months or for accumulatively three or more months, or may make it public if the circumstance is employing entity listed into the focused surveillance over the payment of wages has paid the defaulted wages of employees, and no new default has occurred within six months, the labor and security department shall remove the focused surveillance, and announce the removal thereof within the originally announced 監(jiān)督檢查第三十七條 縣級(jí)以上人民政府根據(jù)本行政區(qū)域內(nèi)工資支付的實(shí)際情況,建立工資支付預(yù)警制度。超過(guò)一個(gè)工資支付周期的,可以根據(jù)勞動(dòng)者提供的勞動(dòng),按照雙方新約定的標(biāo)準(zhǔn)支付工資;用人單位沒有安排勞動(dòng)者工作的,應(yīng)當(dāng)按照不低于當(dāng)?shù)刈畹凸べY標(biāo)準(zhǔn)的百分之八十支付勞動(dòng)者生活費(fèi),生活費(fèi)發(fā)放至企業(yè)復(fù)工、復(fù)產(chǎn)或者解除勞動(dòng)關(guān)系。if they can not be paid, the merged or divided employing entity shall pay the defaulted 條用人單位合并或者分立前拖欠勞動(dòng)者工資的,應(yīng)當(dāng)在合并或者分立時(shí)清償拖欠的工資;不能清償?shù)?,由合并或者分立后的用人單位清償拖欠工資。分包建設(shè)工程的發(fā)包人違法分包、轉(zhuǎn)包或者違法允許他人以本企業(yè)名義承攬工程發(fā)生拖欠工資的,由分包建設(shè)工程的發(fā)包人墊付勞動(dòng)者工資。s default in the payment of wages of employees, the labor and security department may order it to pay the wages of employees in advance within the amount of unsettled prices for the case the subcontractor of an engineering project defaults or deducts the wages of employees, the party that provided the engineering project shall pay the wages of employees within the amount of unsettled prices for the advanced payment shall be used to offset the prices of the case the party that provides the engineering project illegally contracts or subcontracts the project, or illegally allows any other to undertake the project in the name of its own, and causes the default in payment of wages, the wages of employees shall be paid in advance by the party that provides the engineering 建設(shè)單位(業(yè)主)未按照合同約定撥付或者結(jié)清工程款,致使施工單位拖欠勞動(dòng)者工資的,勞動(dòng)保障部門可以責(zé)令建設(shè)單位(業(yè)主)先行墊付勞動(dòng)者工資,先行墊付的工資數(shù)額以未結(jié)清的工程款為限。Article 32 In case a contractor who does not have the qualification of an employing entity as prescribed by Article 2 of this Regulation defaults or skimps the wages of employees, the employing entity that provides the project shall pay the wages in advance, and then recover its losses against the 條不具備本條例第二條規(guī)定的用人單位資格的承包人拖欠或者克扣勞動(dòng)者工資,作為發(fā)包方的用人單位應(yīng)當(dāng)先支付工資,更依法向承包人追償。if the properties of the partnership are not sufficient for the wages, each partner shall assume unlimited and joint liability for 合伙企業(yè)拖欠勞動(dòng)者工資的,應(yīng)當(dāng)先以其全部財(cái)產(chǎn)進(jìn)行清償;合伙企業(yè)財(cái)產(chǎn)不足清償?shù)模骱匣锶藨?yīng)當(dāng)承擔(dān)無(wú)限連帶清償責(zé)任。對(duì)前款規(guī)定的期間有爭(zhēng)議的,可以由勞動(dòng)爭(zhēng)議仲裁委員會(huì)或者人民法院予以裁決。while if the employing entity has obtained the unemployment insurance, he shall return it to the institution responsible for the social insurance in full there is any dispute on the period as prescribed by the preceding paragraph, it can be adjudicated by the labor dispute arbitration mittee or the people39。Article 28 In case an employee is suspected of mitting a crime and thus is put on judicial pulsory measures or taken into administrative custody, and fails to work for the entity, the employing entity may not pay wages to 勞動(dòng)者因涉嫌違法犯罪被采取司法強(qiáng)制措施或者被行政拘留期間,未提供勞動(dòng)的,用人單位可以不支付工資。Article 27 Where an employee is sentenced by the people39。(6)Participation in the negotiation for the collective contract as a representative of employees。s assessor。s federation at the level of township(town)or higher。s political consultative conference。(2)Lawful exercise of functions as a deputy to the people39。法律、法規(guī)另有規(guī)定的,從其規(guī)定。Article 24 In case an employee stops his work for treatment due to his illness or nonworkrelated injury, an employing entity shall pay wages for sick leave in accordance with the stipulations of the labor contract or the collective contract or the prescriptions of the State during the medical period as prescribed by the the sick leave wages paid by the employing entity shall not be less than 80% of the local minimum wage there are different prescriptions in any law or regulation, such prescriptions shall 條勞動(dòng)者因病或者非因工負(fù)傷停止工作進(jìn)行治療,在國(guó)家規(guī)定醫(yī)療期內(nèi),用人單位應(yīng)當(dāng)依照勞動(dòng)合同、集體合同的約定或者國(guó)家有關(guān)規(guī)定支付病傷假期工資。在法定休假日安排勞動(dòng)者工作的,用人單位應(yīng)當(dāng)依照本條例第二十條第(三)項(xiàng)的規(guī)定支付工資。用人單位在勞動(dòng)者完成勞動(dòng)定額后,安排勞動(dòng)者在正常工作時(shí)間以外工作的,應(yīng)當(dāng)依照本條例第二十條規(guī)定支付加班或者延長(zhǎng)工作時(shí)間的工資。Article 21 Where the system of paying wages by piecework is implemented, an employing entity shall properly determine the ration of piecework and the unit price of piecework, and make them specific ration of piecework shall be one that can be pleted within the legal working hours by 70% or more employees at the same post of the case an employing entity arranges employees to work beyond the normal working hours after they plete the ra