Quick check! This 9 kinds of wage units can not just buckle, do not see will suffer!
May has been in the past week, in the workplace you have not got the latest pay Did your salary increase or decrease compared to the previous month?
Usually easy to overlook is that your basic salary, overtime pay, probationary wages and other wages in fact can not be arbitrarily reduced. Take a look, your wages have been arbitrarily deducted it?
Basic salary can not be changed at will
Reduce the basic wage belongs to the labor contract changes, the two sides need to be agreed, the employer can not be arbitrarily changed.
Overtime wages can not be arbitrarily reduced
For employees, the amount of overtime pay is related to the wage base. The employer can not arbitrarily decide the overtime pay base.
1, if the labor contract overtime wage base has made a clear agreement, should be calculated in accordance with the agreement overtime pay.
2, if the labor contract clearly agreed on the amount of wages, but did not agree on overtime pay base, should be agreed by the labor contract wages as overtime pay base. If the wage contract on the labor contract is divided into "basic salary", "post salary", "job salary", etc., should be based on the sum of the various wage projects as the base of overtime pay, and can not be a separate basis as a calculation base.
3, if the labor contract is not clear on labor remuneration, or agreement is not clear, lead to labor disputes, in accordance with the "Labor Contract Law" Article 18 of the provisions of the best solution is to re-negotiate with the employer and the employer; May be determined by the employer and the employee representative through collective consultation, the results of the consultation should be signed collective contract or wage negotiation agreement.
4, if the collective contract (wage negotiation agreement), the labor contract are not agreed on the amount of wages and overtime pay base, should be the actual wage income of workers as overtime pay base.
Employers can not adjust jobs, unauthorized pay to employees
Under normal circumstances, the company has the right to production and management needs, decided to adjust the staff of the job, but the premise is that the job and salary amount is not written into the labor contract.
Employers and workers once signed a labor contract, a clear remuneration, the employer is no right to unauthorized pay off the staff.
In general, the remuneration of laborers is stipulated in the contract. If the remuneration of the laborers is changed, especially if the remuneration is reduced, the unit shall bear the corresponding civil liability with the consent of the laborer.
In addition, the employer in order to adjust the staff of the job, and staff must be agreed.
There is a certain standard for late debit
Article 16 of the Interim Provisions on Paying Payments stipulates that "the employing unit may, in accordance with the stipulations of the labor contract, claim compensation for economic losses due to the economic loss caused by the employing unit to the employing unit, but the deduction shall not exceed the amount of labor 20% of the monthly salary.
The company has no right to deduct the basic salary of employees. As for the part of the floating performance pay, bonus, in the case of a specific agreement between the two sides can be deducted.
If the employee's late behavior does not cause the employer to directly economic losses, the employer has no right to deduct the wages of employees.
Accept medical injury,
The original wage benefits will not be reduced
In accordance with the relevant provisions of the "Industrial Injury Insurance Ordinance", workers due to work due to accidental injury or suffering from occupational diseases need to suspend work to receive work injury medical care, in the suspension of pay period, the original wage benefits unchanged, by the unit monthly payment.
Downtime is generally no more than 12 months. Serious or special circumstances, the district by the municipal labor capacity appraisal committee confirmed that can be extended, but the extension shall not exceed 12 months.
Work injury workers assessed the disability level, the suspension of the original treatment, in accordance with the relevant provisions of the enjoyment of disability treatment.
Work injury workers in the suspension after the expiration of the pay still need to be treated, continue to enjoy the medical treatment of industrial injury.
Female employees for prenatal care,
Can not reduce wages
"Female workers labor protection regulations" provides that female workers in the pregnancy, birth, lactation to reduce their basic wages or labor contracts; pregnant women workers, in the labor time to do prenatal care, should be counted as labor time.
Therefore, the working time for prenatal care should be counted as labor time, the employer can not deduct the pay during the leave.
In particular, the reduction of the basic wage belongs to the change of the labor contract, the two sides need to agree, the company can not be arbitrarily changed.
Probationary wages
Not below the minimum wage
The minimum wage refers to the minimum labor remuneration that the firm should pay under the premise that the laborer provides normal labor during the statutory working hours.
The wage standard for the employee during the probation period may be determined by the employer, but not below the minimum wage.
Not complete quota,
Wages can not be lower than the minimum standard
The "minimum wage" stipulates that the minimum wage is the minimum labor remuneration that the employer should pay according to the law, provided that the laborer has provided normal labor under the legal working time or the working time stipulated in the labor contract signed according to law.
The normal labor refers to the labor that the laborer has engaged in according to the labor contract signed in accordance with the law, working time in the statutory working time or labor contract.
It can be seen that as long as the workers work in the statutory working hours or in the agreed working hours, whether or not he is tasked, he should be counted as providing normal labor and the company should pay him at a minimum not less than the local minimum wage wage.
Business downtime, shutdown,
Wage standards can not be arbitrarily reduced
According to the relevant provisions, due to the reasons for the workers caused by business downtime, shutdown, business, the enterprise is not working with the workers to lift the labor contract, downtime, shutdown, out of business in a pay cycle, the enterprise should be treated as workers to provide normal labor Pay the wages of the wage payment cycle;
More than a wage payment cycle, the enterprise arrangements for the work of workers, in accordance with the new standards agreed to pay wages, but not lower than the local minimum wage;
If the enterprise does not arrange the work of the laborers and the laborers are not working in other units, they shall pay the basic living expenses of the laborer according to 70% of the local minimum wage.
May has been in the past week, in the workplace you have not got the latest pay Did your salary increase or decrease compared to the previous month?
Usually easy to overlook is that your basic salary, overtime pay, probationary wages and other wages in fact can not be arbitrarily reduced. Take a look, your wages have been arbitrarily deducted it?
Basic salary can not be changed at will
Reduce the basic wage belongs to the labor contract changes, the two sides need to be agreed, the employer can not be arbitrarily changed.
Overtime wages can not be arbitrarily reduced
For employees, the amount of overtime pay is related to the wage base. The employer can not arbitrarily decide the overtime pay base.
1, if the labor contract overtime wage base has made a clear agreement, should be calculated in accordance with the agreement overtime pay.
2, if the labor contract clearly agreed on the amount of wages, but did not agree on overtime pay base, should be agreed by the labor contract wages as overtime pay base. If the wage contract on the labor contract is divided into "basic salary", "post salary", "job salary", etc., should be based on the sum of the various wage projects as the base of overtime pay, and can not be a separate basis as a calculation base.
3, if the labor contract is not clear on labor remuneration, or agreement is not clear, lead to labor disputes, in accordance with the "Labor Contract Law" Article 18 of the provisions of the best solution is to re-negotiate with the employer and the employer; May be determined by the employer and the employee representative through collective consultation, the results of the consultation should be signed collective contract or wage negotiation agreement.
4, if the collective contract (wage negotiation agreement), the labor contract are not agreed on the amount of wages and overtime pay base, should be the actual wage income of workers as overtime pay base.
Employers can not adjust jobs, unauthorized pay to employees
Under normal circumstances, the company has the right to production and management needs, decided to adjust the staff of the job, but the premise is that the job and salary amount is not written into the labor contract.
Employers and workers once signed a labor contract, a clear remuneration, the employer is no right to unauthorized pay off the staff.
In general, the remuneration of laborers is stipulated in the contract. If the remuneration of the laborers is changed, especially if the remuneration is reduced, the unit shall bear the corresponding civil liability with the consent of the laborer.
In addition, the employer in order to adjust the staff of the job, and staff must be agreed.
There is a certain standard for late debit
Article 16 of the Interim Provisions on Paying Payments stipulates that "the employing unit may, in accordance with the stipulations of the labor contract, claim compensation for economic losses due to the economic loss caused by the employing unit to the employing unit, but the deduction shall not exceed the amount of labor 20% of the monthly salary.
The company has no right to deduct the basic salary of employees. As for the part of the floating performance pay, bonus, in the case of a specific agreement between the two sides can be deducted.
If the employee's late behavior does not cause the employer to directly economic losses, the employer has no right to deduct the wages of employees.
Accept medical injury,
The original wage benefits will not be reduced
In accordance with the relevant provisions of the "Industrial Injury Insurance Ordinance", workers due to work due to accidental injury or suffering from occupational diseases need to suspend work to receive work injury medical care, in the suspension of pay period, the original wage benefits unchanged, by the unit monthly payment.
Downtime is generally no more than 12 months. Serious or special circumstances, the district by the municipal labor capacity appraisal committee confirmed that can be extended, but the extension shall not exceed 12 months.
Work injury workers assessed the disability level, the suspension of the original treatment, in accordance with the relevant provisions of the enjoyment of disability treatment.
Work injury workers in the suspension after the expiration of the pay still need to be treated, continue to enjoy the medical treatment of industrial injury.
Female employees for prenatal care,
Can not reduce wages
"Female workers labor protection regulations" provides that female workers in the pregnancy, birth, lactation to reduce their basic wages or labor contracts; pregnant women workers, in the labor time to do prenatal care, should be counted as labor time.
Therefore, the working time for prenatal care should be counted as labor time, the employer can not deduct the pay during the leave.
In particular, the reduction of the basic wage belongs to the change of the labor contract, the two sides need to agree, the company can not be arbitrarily changed.
Probationary wages
Not below the minimum wage
The minimum wage refers to the minimum labor remuneration that the firm should pay under the premise that the laborer provides normal labor during the statutory working hours.
The wage standard for the employee during the probation period may be determined by the employer, but not below the minimum wage.
Not complete quota,
Wages can not be lower than the minimum standard
The "minimum wage" stipulates that the minimum wage is the minimum labor remuneration that the employer should pay according to the law, provided that the laborer has provided normal labor under the legal working time or the working time stipulated in the labor contract signed according to law.
The normal labor refers to the labor that the laborer has engaged in according to the labor contract signed in accordance with the law, working time in the statutory working time or labor contract.
It can be seen that as long as the workers work in the statutory working hours or in the agreed working hours, whether or not he is tasked, he should be counted as providing normal labor and the company should pay him at a minimum not less than the local minimum wage wage.
Business downtime, shutdown,
Wage standards can not be arbitrarily reduced
According to the relevant provisions, due to the reasons for the workers caused by business downtime, shutdown, business, the enterprise is not working with the workers to lift the labor contract, downtime, shutdown, out of business in a pay cycle, the enterprise should be treated as workers to provide normal labor Pay the wages of the wage payment cycle;
More than a wage payment cycle, the enterprise arrangements for the work of workers, in accordance with the new standards agreed to pay wages, but not lower than the local minimum wage;
If the enterprise does not arrange the work of the laborers and the laborers are not working in other units, they shall pay the basic living expenses of the laborer according to 70% of the local minimum wage.
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