Direct answer

Pay the contracted wage monthly, in money, without unlawful deductions.

The Labor Law and Labor Contract Law require on-time wage payment. The wage should match the contract and must not fall below local minimum wage after lawful deductions. Employers may deduct items the law allows (tax, SI employee portion, certain written sanctions). They may not dock pay for business losses, uniform deposits, or ‘loyalty’ holdbacks that the statute does not authorise. Cash in RMB (or a lawful bank transfer) is the default; equity or allowances cannot replace minimum wage. Delay can trigger compensation and, in serious cases, administrative or criminal exposure.

The classification screen

4 questions before you choose the route.

This page identifies the right question and evidence. It does not determine the legal outcome on a reader’s facts.

01

What is the contracted payable wage?

Basic, allowances, and what was actually promised in writing.

Amount
02

Was it paid by the due date this month?

Payroll calendar versus bank value date.

Timing
03

Which deductions were taken?

Tax, SI, and anything else — each needs a legal basis.

Deductions
04

Is anyone below local minimum wage?

After hours and lawful deductions, not before a fake ‘performance fine’.

Minimum

Working rule: Map the regulated role before marketing or launch in China.

What changes the answer

The signal ledger.

These facts move the question beyond a label and into a product, money-flow and control analysis.

Signal
Ask the operating question
Why it changes the route
Holdback or deposit
Are you retaining a month’s pay until ‘handover is complete’?
Unlawful deposits and delayed last wages are classic claims.
Cash short, benefits long
Is a large slice paid as unreimbursed expenses or options only?
Minimum wage and SI base still need real cash wages.
Cross-border payroll
Is the China entity not on the payroll while staff work in China?
Employer identity, tax and SI then sit on the wrong company.
Prepare before you escalate

Bring a compact evidence docket—not a pitch deck.

Give a compliance team or counsel the operating facts that reveal the perimeter.

01Contracted wageLabor contract, offer and any raise letters.
02Payslips and bank proofMonthly itemisation and value dates.
03Deduction basisTax/SI filings and any disciplinary deduction papers.
04Local minimum wageThe workplace city’s current figure.
Common confusions

Questions people ask before they build.

Short answers for orientation. The right result can change with the service model and current rules.

Can we pay a week late if cash is tight?

Delay is a statutory breach, not a cash-flow option. It can accrue extra compensation and labour-bureau attention. Talk to counsel before missing a payroll.

Can we deduct a broken-equipment fine?

Only if a lawful, publicised rule and the statute allow it, and never so as to go below minimum wage. Many ‘loss’ deductions fail.

Primary authorities

Reviewed sources support orientation, not a fact-specific assessment.

National laws database (NPC)
PRC Labor Law (NPC)
PRC Labor Contract Law (gov.cn)
Ministry of Human Resources and Social Security