What should I do if I don t meet the minimum wage?

Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent 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 in the place where the employer is located.

Article 55 The standards of labor remuneration and working conditions in collective contracts shall not be lower than the minimum standards stipulated by the local people; The standards of labor remuneration and working conditions in the labor contract concluded between the employer and the employee shall not be lower than the standards stipulated in the collective contract.

Article 58 A labor dispatch unit is an employer as used in this Law and shall perform its obligations to its workers. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between the labor dispatch unit and the dispatched worker shall also specify the employing unit of the dispatched worker, the dispatch period, the position and other circumstances.

The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years, and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.

Article 72 The hourly remuneration standard for part-time employment shall not be lower than the minimum hourly wage standard prescribed by the people in the place where the employer is located.

The period for settlement and payment of labor remuneration for part-time employees shall not exceed 15 days at the longest.

Article 74 The local people's labor administrative departments at or above the county level shall supervise and inspect the following situations in accordance with the law:

1) The employer's formulation of rules and regulations directly related to the vital interests of workers and their implementation;

2) The conclusion and termination of labor contracts between the employer and the employee;

3) The compliance of labor dispatch units and employing units with the relevant provisions on labor dispatch;

4) The employer's compliance with the national regulations on working hours, rest and leave for employees;

5) The employer's payment of labor remuneration as stipulated in the labor contract and the implementation of the minimum wage standard;

6) The employer's participation in various social insurances and payment of social insurance premiums;

7) Other labor inspection matters stipulated by laws and regulations.

And as a reminder, this is not scary, the risk of recovering wages is very large, and if it is not supported by a significant number of people, it will have very troublesome consequences... Be cautious.

The new labor contract law stipulates that if a labor relationship is established and no contract is signed, double wages will be paid every month, and if a contract is not signed for more than one year, the employee can directly sign an indefinite contract and file a complaint with the labor bureau, but the premise is that there is a signed labor contract, and if the minimum wage standard is not reached, it can be required to return double the salary, and if it fails, it can resort to law.

Yes, you can go to the labor bureau to complain, but the premise is that there is a signed labor contract, and if the minimum wage is not met, you can ask for a double refund, and if not, you can resort to law.

Haven't you ever mixed with society? The minimum wage is useless.

That's the Labor Bureau's rule, and you can go and complain to him.

Legal Analysis: If the wages paid by the public are lower than the local minimum wage, the worker may file a complaint with the local labor administrative department, which will order the payment of the employee's wages and remuneration, and may also order the employee to pay compensation at the rate of 1 to 5 times the wages owed.

Legal basis: Labor Law of the People's Republic of China Article 91 If an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and remuneration and economic compensation, and may also order the employer to pay compensation: (1) deducting or delaying the worker's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

If the wage is lower than the minimum wage, the employer may be required to make up the payment.

If the employee requests to leave the job as a result, the employer must pay severance compensation. If the employer voluntarily terminates the employment contract with the employee, it is required to pay double compensation. In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit in accordance with the law, or resolve it through negotiation.

The principles of conciliation apply to both arbitration and litigation proceedings. In resolving labor disputes, the lawful rights and interests of the parties to the labor dispute shall be safeguarded in accordance with the principles of legality, fairness and timely handling.

After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Within the employer, a labor dispute mediation committee may be established. The Labor Dispute Mediation Committee is composed of employee representatives, employer representatives and trade union representatives. The chairman of the labor dispute mediation committee shall be a representative of the trade union.

If an agreement is reached through mediation in a labor dispute, the parties shall perform it.

If an employer conceals the total amount of wages or the number of employees when declaring the amount of social insurance premiums to be paid to the social insurance agency, the administrative department of the Ministry of Labor and Social Security shall order it to make corrections and impose a fine of not less than 1 time but not more than 3 times the amount of the wages concealed. Anyone who defrauds social insurance benefits or social insurance expenditures shall be ordered to return them by the labor and social security administrative department and shall be fined between 1 and 3 times the amount of the fraud; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Labor Law of the People's Republic of China

Article 48 The State implements 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 shall not be lower than the local minimum wage.

Regulations on the Supervision of Labor and Social Security

Article 26 Where an employer commits any of the following acts, the administrative department for labor and social security shall order the employer to pay the wages and remuneration of the laborer, the difference between the worker's wage and the local minimum wage standard, or the economic compensation for the termination of the labor contract within a specified period of time; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of not less than 50% but not more than 1 time of the amount payable

1) Deducting or defaulting on the wages and remuneration of workers without reason;

2) The wages paid to the workers are lower than the local minimum wage;

3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.

Legal analysisIf the wages paid by the company are lower than the local minimum wage, the employee may file a complaint with the local labor administrative department, which shall order the payment of the employee's wages and remuneration, and may order the employee to pay compensation at the rate of 1 to 5 times the wages owed. Under the condition that the employee provides normal work, the wages to be paid by the employer to the employee shall not be lower than the local minimum wage standard after excluding the following items:

Pay for long working hours. Allowance for special working environments and conditions such as middle shift, night shift, high temperature, low temperature, underground, toxic and harmful, especially special work.

Legal basisLabor Law of the People's Republic of China Article 91 If an employer infringes upon the legitimate rights and interests of a worker under any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) deducting or delaying the worker's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

Legal analysis: If the wages paid by the company are lower than the local minimum wage, the employee may file a complaint with the local labor administrative department, which will order the employee to pay the employee's wages and remuneration, and may order the employee to pay compensation for abrasion at the rate of 1 to 5 times the wages owed.

Legal basis: Article 91 of the Labor Law of the People's Republic of China If an employer infringes upon the legitimate rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the worker, and may also order the payment of compensation

1) Withholding or defaulting on the wages of workers without reason;

2) Refusing to pay wages and remuneration for extended working hours;

(3) Paying wages to workers lower than the local minimum wage standard;

(4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

1. Minimum wage standards

The minimum wage standard refers to the minimum labor remuneration that the employer shall pay according to law on the premise that the employee provides normal work during the statutory working hours or the working hours agreed in the labor contract signed in accordance with the law.

2. The wage is lower than the minimum wage

Solution: 1. Communicate with the unit about the salary below the minimum wage. As a vulnerable group, workers need a stable income and a fair income. In most cases, the communication between labor and the employer is actually a reminder.

2. Call the local human resources and social security bureau at "12333" for consultation**, and select the content to be consulted according to the language prompts to make a complaint. Generally speaking, for basic workers, the employer will only seek help from the relevant departments if there is no reasonable solution.

3. The local labor dispute arbitration institution applies for arbitration to protect its legitimate rights and interests. The worker goes to the local labor dispute arbitration institution to apply for arbitration. For workers, they have lost confidence in the employer.

Most of them no longer want to provide labor relations in their units, one is forced to be helpless, and the unit is too harsh. The other has its own material needs to be satisfied, and it needs to be satisfied with inner fairness.

Relevant provisions. Article 18 of the Interim Provisions on the Payment of Wages (Lao Bu Fa [1994] No. 489) of the Ministry of Labor stipulates that labor administrative departments at all levels have the right to supervise the payment of wages by employers.

If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

1. Deducting or defaulting on the wages of workers without reason;

2. Refusal to pay wages for extended working hours;

3. The wages of workers are paid below the local minimum wage standard. The minimum wage in a city will vary from city to city, because the standard of living is different, and if we work in a company with a lower salary and the minimum wage is rented, we can arbitrate.