最低工资常见问题解答 Old

 

 

Minimum Wage Frequently Asked Questions Legal basis  Realistic basis
In your country, there is a separate minimum wage regulations? In China, on the minimum wage did not independent of the laws and regulations. However, the Ministry of Labour and Social Security, January 20, 2004 issued a "minimum wage", and in March 1, 2004 to take effect. (Regulation is not laws and regulations).  
In your country, there are one or more minimum wage? In China, more than minimum wage. According to the 2004 "minimum wage" Article V and Article VII, each province, municipality directly under the area and have minimum wage rates, there are separate monthly minimum wage rates and minimum wage rates. Different provinces or regions have different minimum wage levels.
If the second question the answer is "yes", then determine the level at which the minimum wage? In China, the minimum wage established at the regional level. According to the 2004 "minimum wage" Article VII, provinces, autonomous regions and municipalities within the different administrative regions can have different minimum wage.
In reality, there are industry minimum wage but no national minimum wage.
Announced a minimum wage based on what?  According to the 2004 "minimum wage" Article V, the minimum wage in two forms: the monthly minimum wage and minimum wage. In reality, there is the monthly minimum wage and minimum wage.
In determining the day / week / month / minimum wages, working time to consider it? Yes, in determining the hours / week / month minimum wages, working hours need to be considered. . According to the 2004 "minimum wage" Third, the minimum wage is the legal working hours of workers in the labor contract law or agreed to provide the normal working hours, working under the premise, the employer should pay the lowest labor law remuneration. Article points out the monthly minimum wage and minimum wage scope: full-time monthly minimum wage for workers, the hourly minimum wage for part-time workers.  
Who is involved in the determination of the minimum wage? In China, the Ministry of Labour and Social Security, the Chinese Entrepreneur Association and the Federation of Trade Unions. According to the 2004 "minimum wage" in Article VIII, the minimum wage determination and adjustment programs, the provinces, autonomous regions and municipalities labor and social security administration in conjunction with the trade unions, business federations / associations of entrepreneurs in developing and developed programs submitted to the Ministry of Labor and Social Security. Then, the Ministry of Labour and Social Security will be to the National Federation of Trade Unions and the Business Association for comments. Practical operation and provisions.
How to adjust the minimum wage? Update and adjust the minimum wage by government, business and union representatives decision. According to the 2004 "minimum wage" in Article VIII, the minimum wage determination and adjustment programs, the provinces, autonomous regions and municipalities in conjunction with the labor unions and social security departments, business federations / associations of entrepreneurs, development, and program developed by the Ministry of Labor and Social Security submitted. Then, the Ministry of Labour and Social Security will be to the National Federation of Trade Unions and the Business Association for comments. Practical operation and provisions.
In your country, the elements of the minimum wage is what? China's minimum wage elements including fixed elements and variable elements. According to the 2004 "minimum wage" of attachment, determine the minimum wage need to consider six factors (cost of living of urban residents per capita, individual workers to pay social insurance premiums, housing fund, average wages, unemployment, economic development and adjustment factors). Among them, the adjustment factor is the local person to pay old-age, unemployment, medical insurance and housing accumulation fund and other expenses. Of course, these fixed elements with the social and economic development and change. Practical operation and provisions.
More than the minimum wage fixed elements updated? China's updated every two years the minimum wage. According to the 2004 "minimum wage" Article X, at least once every two years the minimum wage. In practice, most of the local minimum wage is adjusted once a year. Adjustment in the first half in some places, some places in the second half adjustments.
Variable elements of the minimum wage and more updated? In reality, the relevant evidence was not found.  
Minimum wage adjustments based on what criteria? According to the 2004 "The minimum wage," Article VI, the monthly minimum wage should refer to local employment and their family members they support the minimum cost of living, urban consumer price index, individual workers to pay social insurance and housing accumulation fund, average wages, the economy development level, employment status and other factors. Based on monthly minimum wage, the hourly minimum wage to be paid should be considered the basic unit of endowment insurance and basic medical insurance factors, but also be appropriate to consider non-full-time workers in job stability, labor conditions and labor intensity, welfare and so and the difference between full-time employment.

Practical operation and provisions.
What is the national poverty line? (In national currency units) China's national poverty line is ¥ 1196  
How often updated poverty line? There is no legal evidence found Since 1985, there are several adjustment is not fixed, such as the 2007 and 2008, adjusted once.
Last updated national poverty line is when? Last updated national poverty line in 2009.  
Minimum wage is how much percent of the poverty line? The minimum wage in China between 500 --- 1,120. The current poverty line is 1,196. Therefore, the results are 1123.75% 501.67% --- .1,196 per capita annual income.  
National labor force in the ratio of the minimum wage? There is no comprehensive data can be used to calculate.  
Who manages the implementation of the minimum wage? In China, the labor inspection department (or similar bodies), trade unions and independent institutions or special institutions to manage the implementation of the minimum wage. According to the 2004 "minimum wage" Article IV, above the county level responsible for the administrative department of labor security supervision and inspection. Meanwhile, according to the 1994 "Labor Law" Article 86, the labor administrative departments of labor supervision and inspection personnel should investigate the laws and regulations of implementation. In March 1998, on the basis of the Ministry of Labour set up the Ministry of Labour and Social Security, from the Ministry of Labour to abolish no. Therefore, these two legal provisions are consistent. In addition, in March 2008, based on the Ministry of Labor and Social Security and the Ministry of Personnel, Ministry of Human Resources and Social Security established.  
If not adhered to this requirement, what about the applicable legal sanctions? According to the 2004 "minimum wage" Article 13, in violation of the provisions of the employer by the labor security administrative department shall order a replacement within the time limit wages owed to workers, and ordered to pay owed by 1 to 5 times the pay of workers compensation.
Practical operation and provisions.
Regular application of sanctions it?   In reality, the relevant evidence was not found.
Employer and / or union representatives to participate in the implementation of the provisions it? According to the 2004 "minimum wage" Article IV, according to the unions at all levels should supervise the implementation of provisions. In reality, the relevant evidence was not found.
If the workers that their labor income is less than the minimum wage, to whom they complained? Business / management / contractor coordination, coordination of labor supervision departments and unions coordination. According to "minimum wage" Article 14, between workers and employers on the implementation of the minimum wage dispute handled by the relevant provisions of the labor dispute. According to the 1994 "Labor Law" Chapter X Article 77, if the employer and the employee labor dispute, the parties may apply for mediation, arbitration, litigation, can also be resolved through consultation. According to the 1994 "Labor Law" Article 80, the employing unit, the labor dispute mediation committee may be established. Labor dispute mediation committee of representatives from the trade unions, employer representatives and trade union representatives. According to the 1994 "Labor Law" Article 81, Labor Dispute Arbitration Committee, the labor administrative departments at the same level representatives of trade unions, employer's representatives. According to the 1994 "Labor Law" Article 83, can not be resolved through arbitration dispute, the parties may apply to the people's court proceedings. Practical operation and provisions.

 

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