Understanding of Article 20 of the Labor Contract Law!

First, the minimum wage is a hard and fast rule, and it must not be lower than this.

Second, the minimum wage of the unit and the agreed salary of 80%, this is okay, and the specific choice depends on how you agree in the contract.

For example, if your conditions are just stuck in the entry standard, and there is no additional money, then your formal salary must be the lowest wage, then your probationary period must be 80% of the lowest grade...

According to Article 15 of the Regulations for the Implementation of the Labor Contract Law promulgated on September 18, 2008, it is clearly stipulated that the minimum percentage of both shall not be less than 80%.

The above is understood. None of the above terms shall be violated.

1. Article 20 of the Labor Contract Law, which came into force on January 1, 2008, can be understood in two ways: first, it shall not be less than 80% of the minimum wage of the same position in the unit; Second, it shall not be lower than the minimum wage of the same position in the unit. Therefore, on September 18, 2008, the Regulations for the Implementation of the Labor Contract Law were promulgated, of which 15 articles clearly supplemented 20 articles of the Labor Contract Law:

The salary of the employee during the probationary period shall not be less than 80% of the minimum wage of the same position in the unit.

2. If 80% of the labor contract is lower than the minimum wage standard of the employer's location, of course, the minimum wage standard shall prevail (the word "and" is very important), which is the bottom line of life. On the premise that the minimum wage is not considered, the salary of the probationary period agreed by both parties shall prevail. It can be 80% of the minimum wracket or 80% of the salary agreed in the employment contract.

The salary of the employee during the probationary period shall not be less than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located. ”

Note the position of the word "or" and "", 80% of which are obviously framed in the two items before and after "or". At the same time, it is necessary to pay attention to the position of the word "and", that is, two conditions must be met at the same time.

1) The salary of the worker during the probation period shall not be less than 80% of the minimum wage of the same position in the unit.

Or: The employee's salary during the probationary period shall not be less than 80% of the salary agreed in the labor contract.

2) The employee's salary during the probationary period shall not be lower than the minimum wage standard of the place where the employer is located.

Two of the items (1) are selective relationships, which shall not be less than 80% of the minimum wage of the same position in the unit, or shall not be less than 80% of the salary agreed in the labor contract. The "minimum wage for the same position in the unit" and the "wage agreed in the labor contract" refer to the salary level of regular employees.

The most direct authoritative interpretation is the regulations of *** "Article 15 The salary of a worker during the probationary period shall not be less than 80% of the minimum wage of the same position in the employer or not less than 80% of the salary agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located." ”

Combined with Article 18 of the Labor Contract Law, "if there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Article 48 of the original Labor Law states that "the State shall implement a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record. The wages paid by the employer to the employee shall not be lower than the local minimum wage.

So: 1) in any case, it must not be lower than the minimum wage, which is a prerequisite;

2) 80% of the minimum wage of the unit and 80% of the salary agreed in the labor contract can be arbitrarily selected.

There is no problem with what you said about "in practice, there may be 80% of the labor contract that may be lower than the minimum wage", because as long as it is higher than the minimum wage, these two can be chosen at will.

Summary. Legal basis: Labor Contract Law of the People's Republic of China Article 22 [Service Period] If an employer provides a worker with special training expenses and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the service period.

If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.

If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

Article 22 of Chapter 2 of the Labor Contract Law.

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Article 22 of the Labor Contract Law stipulates the period of service.

Legal analysis: Article 22 of the Labor Contract Law stipulates that under the condition that the employer has carried out professional technical training for the employee, it is possible to agree on the service period with the employee, and under normal circumstances, the employee cannot leave the job during the pure service period of Kuanmu, and if he insists on resigning, he or she should pay liquidated damages to the employer prudently, but the liquidated damages cannot exceed the training fee paid by the employer.

Legal basis: Labor Contract Law of the People's Republic of China Article 22 [Service Period] If an employer provides special training expenses for an employee and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the service period. If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training fee that should be apportioned for the part of the service period that has not yet been discharged. If the employer and the employee agree on the service period, it will not affect the increase in the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

Article 20 of the Labor Contract Law stipulates that the salary of an employee during the probationary period shall not be less than 80% of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located. If the employee is not at fault, the employer shall not terminate the labor contract.

If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

Article 20 of the Labor Contract Law stipulates that the salary of an employee during the probationary period shall not be lower than the minimum wage of the same position in the employer or 80/100 of the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located. If the employee is not at fault, the employer shall not terminate the labor contract.

If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.