The Right And Wrong Applies To The Minimum Wage

Zhang went to work in a food processing enterprise in Shanghai in June 2016. The unit signed a one-year labor contract. The contract has a probationary period of two months. The probation period is 2000 yuan per month, and 2500 yuan per month after the probation period.

In August 2016, Zhang learned that his probationary salary was lower than the minimum wage standard of Shanghai at that time, which was 2190 yuan. Then he asked the unit to reissue his probation salary according to the minimum wage standard of this Municipality.

The unit believes that 80% of the wages in accordance with the contract pay wages to Zhang, in accordance with the law, do not agree to reissue.

Zhang submitted an arbitration application to the labor and personnel dispute arbitration commission, requiring the employer to reissue the difference between the probationary period salary and the minimum wage standard in Shanghai.

According to the "Shanghai city enterprise wage payment method": "during the trial period, the workers provide normal labor, the wages paid by the enterprise shall not be less than 80% of the lowest wage of the same enterprise, or 80% of the wage stipulated in the labor contract, and shall not be lower than the minimum wage stipulated in this Municipality."

Finally, after mediation by the arbitration tribunal, Zhang and the enterprise reached a conciliation agreement, and the enterprises reissued the two months' probationary wage gap according to the standard of 2190 yuan. The dispute between the two sides was satisfactorily resolved.

It should be noted that from April 1, 2017, the minimum monthly wage in Shanghai has been adjusted from 2190 yuan to 2300 yuan, an increase of 110 yuan, and the minimum wage from hour 19 to 20 yuan.

The above column reminds you that the minimum wage standard in this city refers to the net money of workers, which is a real "naked wage".

This period will give some hints to the application of the minimum wage.

Pay attention to one

As long as the monthly wages of the employees of the unit can not be lower than that of the employees

Answer: No.

The minimum wage standard refers to a worker who provides normal labor and the lowest remuneration paid by the employer in accordance with the statutory working hours or the working hours stipulated in the labor contract.

The "normal labor" refers to the work done by laborers in accordance with the labor contract signed in accordance with the law, during the statutory working hours or the working hours stipulated in the labor contract.

The so-called laborers "provide normal labor". In brief, the first is to ensure attendance, and the second is to obey the work instructions of the unit.

If laborers do not provide normal labor, such as sick leave on the same month, the monthly salary may be less than 2300 yuan.

It should be noted that for workers who have not completed their work tasks due to their ability to work, their wages should not be lower than the minimum wage standards if workers work properly.

If a worker participates in social activities in accordance with the law in accordance with the law, the employing unit shall pay wages in accordance with its normal labor.

During holidays such as marriage leave, funeral leave, family visit, sick leave, etc., enterprises shall pay holiday wages according to regulations.

Another question is: can the wages of workers who have prenatal leave and breastfeeding workers lower than the minimum wage? There is no provision for the minimum wage standards for workers who have prenatal leave and breastfeeding. However, the wages of workers who have prenatal leave and breastfeeding workers can not be less than 80% of the original wages, while the original wages can not be lower than the minimum wage standards. In fact, the wages of the workers who have prenatal leave and breastfeeding workers can not be lower than 80% of the minimum wage.

Focus on two

The base pay for sick leave is only 80% of the minimum wage?

Answer: No.

Sick pay = (base /21.75) * calculate coefficient X days of sick leave.

According to the "method of payment for wages of enterprises in Shanghai", the calculating base of overtime pay and vacation wages is the normal attendance monthly wages corresponding to the positions of laborers. It does not include the year-end bonus, commuting allowance, working allowance, housing subsidy, night shift allowance, summer high temperature allowance, overtime pay and other special circumstances.

The calculation base of overtime pay and vacation pay is determined according to the following principles: (1) the labor contract determines the monthly wages corresponding to the position of the laborer stipulated in the labor contract for the workers' monthly wages; if the actual performance is inconsistent with the labor contract agreement, it shall be determined according to the monthly wages corresponding to the actual performance of the laborers' posts.

(two) the labor contract stipulate that the monthly wages of the workers should be determined according to the monthly wages of the workers.

(three) labor contract and collective contract (wage special collective contract) have no agreement on laborers' monthly wages, and shall be determined according to 70% of workers' normal attendance month's wages (excluding overtime wages).

The calculation base of overtime pay and vacation pay shall not be lower than the minimum wage stipulated in this Municipality.

Where the regulations provide otherwise, the provisions shall be made.

It can be seen that the calculation base of sick pay is not the minimum wage standard, not 80% of the minimum wage, but is determined by the above three principles, but it must not be lower than the minimum wage standard of 2300 yuan.

In addition, the treatment of workers' sick leave or non work injury leave is lower than the 80% of the minimum wage standard of the workers in this city, which should be 80% yuan or 1840 yuan.

The minimum standard of sick leave pay or sickness relief fee for employees of an enterprise does not include the pension, medical treatment, unemployment insurance premium and housing provident fund that should be paid by workers, and should be paid separately by the unit.

Focus on three

Is there a minimum wage for providing normal labor but not completing the quota?

Answer: Yes.

The minimum wage standard is to ensure the basic living needs of laborers, with statutory mandatory.

In addition to being specific, no matter how much salary should be paid, the salary should not be lower than the minimum wage standard.

The fifty-sixth provision of the Ministry of labor on the implementation of several issues concerning the labor law of the People's Republic of China (No. [1995]309 of Labor Department) stipulates that in the labor contract, the terms stipulated by the two parties that the wages of the workers can be paid below the minimum wage standard without the completion of the labor quota or contract is not legally valid.

Some employers now perform performance appraisal for their employees and pay royalties.

This is the embodiment of the autonomy of the employing units. It can really motivate the employees to work hard and earn more.

After deducting salary, employees may not be able to complete the minimum sales amount stipulated in the salary system because of their ability or market conditions.

Nevertheless, employers can not pay wages or pay less than the minimum wage standard.

Therefore, employers should not shift business risk to workers, that is, employees can not have no minimum wage.

Of course, this "base salary" is different from the minimum wage, which can be higher than the minimum wage standard or lower than the minimum wage standard. However, as long as workers provide normal labor within the statutory working hours, the actual income can not be lower than the minimum wage standard.

Since the employer should pay at least once a month, and the monthly salary must not be lower than the minimum wage standard, the year-end bonus issued at the end of the year can no longer be "apportioned" in the minimum monthly wage.

For laborers who carry out annual salary system or pay wages according to the assessment period, enterprises shall pay wages according to the standard of not less than the minimum wage per month, and settle accounts at the end of the year-end or examination cycle.

Employing the piecework wage system, the quota of the employing units should be reasonably formulated through a certain democratic management procedure.

But even if the workers do not complete the quota, if the workers provide normal labor, their wages can not be lower than the minimum wage standard.

Focus on four

Does the labor force perform the minimum wage standard in the actual performance of the labor contract?

Answer: Yes.

The fourteenth provision of the regulations on the implementation of the labor contract law stipulates: "where the performance of the labor contract is inconsistent with the place of registration of the employing unit, the minimum wage standards, labor protection, labor conditions, occupational hazards protection and the monthly average wage standard of the workers in the region shall be carried out in accordance with the relevant provisions of the labor contract fulfillment place. The relevant standards of the employer's registration place are higher than those of the labor contract fulfillment place, and the employer and the laborer agree to carry out the contract according to the relevant provisions of the employer's registration place."

Focus on five

Economic compensation or lower wages, wages must not be lower than the minimum wage?

Answer: Yes.

According to the "payment method of enterprise wages in Shanghai", laborers cause economic losses to enterprises due to their own causes, and enterprises should compensate them according to law, and deduct the compensation fees from wages. The deducted part should not exceed 20% of the workers' monthly wages, and the residual wages after deduction should not be lower than the minimum wage stipulated by the municipality.

The "Shanghai enterprise wage payment method" also stipulates that workers violate labor discipline or rules and regulations, enterprises reduce their wages, and their wages can not be lower than the minimum wage stipulated in this Municipality.

Focus on six

"Three period" female workers were returned to the labor dispatch units to get the minimum wage?

Answer: look at the situation.

The labor contract law stipulates that if the dispatched worker has thirty-ninth or fortieth provisions of the first and second provisions, the employing unit may return the laborer to the labor dispatch unit, and the labor dispatching unit may terminate the labor contract with the laborer in accordance with the relevant provisions of this law.

During the period of no work, the dispatched worker shall pay the monthly wage according to the minimum wage stipulated by the local people's government.

However, the state carries out special protection for women workers who are in the "three stage" period, and clearly does not reduce their wages. Therefore, Shanghai labor arbitration stipulates that after the "three period" women workers are returned to the labor dispatch units by the employing units, the labor dispatching units shall pay wages to the female workers according to the wage standards that are not lower than the original ones.

However, the female workers of the labor dispatch are returned to the "three phase" after being returned by the employing units.

In the case of "

"The fifty-eighth section clearly stipulates that" the dispatched worker shall pay monthly remuneration according to the minimum wage stipulated by the local people's Government during the period of no work, so it can be paid according to the monthly minimum wage standard of the employees of this Municipality.

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