Unsettled Labor Remuneration And Labor Conditions

　　 Labour law Eighteenth pairs of labor contracts Labor remuneration and working conditions If the standard agreement is not clear and controversial, employers and workers can renegotiate. If no collective agreement or collective contract does not stipulate the remuneration for labor, the employing unit shall pay equal remuneration for the same work. If no collective contract or collective contract does not stipulate labor standards, the relevant provisions of the State shall apply.

This article is about the stipulation of the standard stipulation of labor remuneration and labor conditions.

　 I. unidentified matters

Although employers and laborers have entered into a labor contract, the standard agreement on labor remuneration and working conditions will not be clear.

(1) the stipulation of labor remuneration is unknown.

Some employers, in order to recruit the workers they need, pay high wages in the labor contract. After the workers enter the job, they find that the wage stipulated in the labor contract is not standard wage, but total income, which includes overtime pay, bonus and so on. The standard wage stipulated in the labor contract refers to the normal labor remuneration within normal working hours. It is a fixed number, not including overtime pay, benefit wages and bonus. In order to protect their rights and interests, the laborers' remuneration stipulated in the labor contract must be clear and detailed. Clearly stipulate labor remuneration, the two sides should specify the types of labor remuneration, the amount of payment, the mode of payment, the time of payment and the legal consequences of arrears of labor remuneration in the labor contract.

(two) the terms of labour are unclear.

The terms of labor in the labor contract require employers to provide workers with necessary labor protection and working conditions in accordance with the standards of national safety and health regulations, so that workers can successfully complete the tasks stipulated in the labor contract. Labor conditions are important conditions for workers to fulfill their labor contracts smoothly, and they are also important obligations of employers. They must be agreed on specific facts, otherwise, it is difficult to protect workers' legitimate rights and interests.

In addition to labor remuneration and labor conditions, labor contracts should clearly stipulate the term, content, place of work, social insurance and other matters. These matters are closely related to the performance of labor contracts, and they should not be simply and vague.

According to the provisions of this Law concerning changing the labor contract, the employer and the laborer can change the contents of the contract of labor agreement through consultation and agreement. When the standard stipulations of labor remuneration and labor conditions are not clear enough to lead to disputes, employers and workers can re negotiate these unclear matters and redefine them through changing labor contracts. Where a unit or worker redefines an item that is not clear, it shall be in written form.

Two, the situation of renegotiation failed.

If the employer and the laborer fail to reach an agreement, they can not redefine the standard of labor remuneration and labor conditions, and the matters stipulated in the labor contract are applicable to the standards stipulated in the collective contract. The employer and the employer have made collective contracts with the employing units through equal consultation on labor remuneration, working hours, rest and vacations, labor safety and health, insurance benefits, etc. the collective contracts concluded according to law are binding on employers and workers. According to the provisions of this law, labor standards and labor remuneration standards in collective contracts must not be lower than the minimum standards prescribed by the local people's government. Employers and workers should apply the provisions of collective contracts for matters that are not clear and are not negotiable.

　 Three, there is no collective contract or collective contract does not specify the situation of labor remuneration.

Some enterprises, industries and regions do not have a collective contract, or although there is a collective contract, there is no agreement on remuneration for labor. In this case, the employer should follow the principle of equal pay for equal work in determining the remuneration of laborers. The forty-sixth provision of the labor law stipulates that wage distribution should follow the principle of distribution according to work and equal pay for equal work. That is to say, the employing unit should pay wages to the laborers according to the standard of remuneration for other laborers who have the same jobs, pay equal labor and obtain the same labor achievements.

Four, there is no collective contract or collective contract does not specify the conditions of labor and so on.

In the absence of a collective contract or a collective contract that does not stipulate labor conditions and other standards, the relevant items shall be determined according to the relevant provisions of the state.

In addition to the labor law, there are many other laws and regulations related to labor conditions and other matters. If the State Council's "factory safety and hygiene regulations" seventh stipulates: "the building must be strong and safe. If there is a sign of damage or danger, it should be repaired at once." The eighth provision of the State Council's "safety and technical regulations for building and installation works" stipulates that "when there are strong winds of six or more, it is forbidden to carry out lifting work and aerial work in the open air." For unspecified working hours, it can be carried out in accordance with the provisions of the State Council on the working hours of employees. In the case of undefined occupational hazard protection, the relevant provisions of the provisions of the People's Republic of China law on occupational disease prevention, the scope of occupational diseases and the handling of occupational disease patients shall be applied.