Does the labor law say piece rate wages?

There is a piece-rate wage. 1. According to Article 37 of the Labor Law, the employer shall reasonably determine the labor quota and piece-rate remuneration standards for workers who work on a piece-rate basis in accordance with the working hours system stipulated in Article 36 of this Law. 2. If the wage is lower than the minimum wage, it is required to pay the minimum wage.

In accordance with Article 48 of the Labor Law and Article 85 of the Labor Contract Law, 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 to the employee shall not be lower than the local minimum wage.

If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable.

Yes. Article 91 Where 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 payment of compensation:

1) Withholding or defaulting on the wages of workers 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) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

The provisions of the Labor Law on Piece-rate wages are:

1. If the employer arranges to extend the working hours of the workers who are subject to piece-rate wages after completing the piece-rate quota task, they shall pay the workers overtime wages based on the unit price of the piece-rate working hours in accordance with the principle of determination;

2. If overtime is arranged outside the statutory working hours, the salary shall not be less than 150% of the unit price of the piecework of the statutory working hours. Those who work overtime on rest days and statutory holidays shall be paid wages not less than % of the unit price of their statutory working hours.

Interim Provisions on Payment of Wages".

Article 13. If the employer arranges the employee to work outside the statutory standard working hours according to the actual needs after the employee has completed the labor quota or the prescribed work tasks, the employer shall pay the employee according to the following standards:

1) If the employer arranges for the employee to work longer than the statutory standard working hours in accordance with the law, the employer shall pay the employee wages at a rate not lower than 150% of the employee's hourly wage as stipulated in the labor contract;

2) If the employer arranges for the worker to work on a rest day in accordance with the law, but cannot arrange compensatory leave, the employer shall pay the employee wages at a rate not lower than 200% of the employee's daily or hourly wage as stipulated in the labor contract;

3) If the employer arranges for the employee to work on statutory holidays and holidays in accordance with the law, the employer shall pay the employee wages at a rate not lower than 300% of the employee's daily or hourly wage as stipulated in the labor contract.

If an employee who is subject to piece-rate wages is arranged by the employer to extend his working hours after completing the piece-rate quota task, he or she shall be paid wages at a rate not less than % of the unit price of the piece-rate working hours of the employee in accordance with the principles stipulated above.

With the approval of the labor administrative department to implement the system of comprehensive calculation of working hours, the part of the comprehensive calculation of working hours exceeding the statutory standard working hours shall be regarded as extended working hours, and the wages for extended working hours shall be paid to the workers in accordance with these provisions.

Employees who practice the irregular working hours system are not subject to the above provisions.

Legal analysis: China's labor law stipulates a reasonable salary and working hours system between piecework wages and daily wages, and units can apply for labor arbitration if the piecework wages are unreasonable.

Legal basis: Labor Law of the People's Republic of China

Article 36 The State implements a system of working hours in which the daily working hours of laborers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours.

Article 37 The employer shall reasonably determine the labor quota and piece-rate remuneration standards for laborers who work on a piece-rate basis in accordance with the working hours system provided for in Article 36 of this Law.

Legal Analysis: The labor law does not clearly stipulate piece-rate wages. Piecework status is only a change in the way wages are paid, and does not change the standard of working hours.

In accordance with the provisions of China's relevant labor laws, China implements a 40-hour work week, and more than 40 hours. Labor should be classified as overtime. It sounds like more work and more according to the company's regulations, but this kind of extra work only applies if the workload is overfulfilled within the legal working hours.

If it is completed outside the statutory working hours, it shall be recognized as overtime, and overtime shall naturally be paid overtime wages. In addition, according to the provisions of the labor law, the maximum period of employee salary payment shall not exceed 30 days.

Legal basis: Labor Contract Law of the People's Republic of China

Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) it fails to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (1) the worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.