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Careful Labor Contract, Deliberately Less Pay.

2011/6/7 11:28:00 75

Careful Labor Contract Wages

There may be several reasons for the reduction of wage level when employees sign labor contracts with employees.
First, enterprises consider the "taxable wage" level. "Taxable wages" refers to the payroll expenses paid by taxpayers in various forms (including physical objects) to employees, including wages, bonuses, subsidies, allowances and so on. That is to say, when an enterprise pays wages to employees beyond the prescribed requirements, it must not be deducted before paying the enterprise income tax, and must be included in the tax base. At present, many enterprises in order to pay less income tax, enterprises are likely to sign a labor contract with employees, "let go".
Second, according to the eleventh provision of the "economic compensation measures for violating and relieving labor contracts": Economic compensation The standard of wage calculation refers to the monthly average wage of workers within twelve months before the contract is terminate in normal production. That is to say, laborers are enterprises. Relieve According to the monthly wage level, labor compensation is the basis for compensation. Therefore, when enterprises sign labor contracts, they deliberately lower wage levels. Once there is an accident compensation, they will have less compensation.
Third, according to the forty-fourth section of the labor law and the thirteenth regulations of the Ministry of labor on the payment of wages, the employer shall arrange for workers to work overtime beyond the statutory standard hours after the workers have completed the work quota or the prescribed work tasks. If we can not make up for the rest, we should pay wages according to the circumstances, 150%, 200% and 300% of the workers' daily or hourly wages. Faced with these situations, how can workers protect their legitimate rights and interests? The best way is to do this every month. Pay off At the time, ask the unit to ask for a salary slip and keep it very well. According to the sixth provision of the Interim Provisions on wage payment, "the employer must make written records of the amount, time, name and signature of the worker, and keep it for more than two years. Employers should provide workers with a list of their personal wages when they pay wages. " Therefore, as long as workers understand the relevant laws and regulations, and have the right sense of self-protection, I believe they will be able to maintain their legitimate rights and interests.
 

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Interpretation Of Wage Rights And Interests Of Laborers

The labor law and the administrative punishment measures for violating the labor law of the People's Republic of China stipulate that employers should arrange overtime work for workers and pay overtime wages according to law. If the employer refuses to pay overtime wages, the labor and social security administrative department shall order the laborers to pay their wages and pay an economic compensation equivalent to 25% of their wages. And the employer can be ordered.