Minimum wage guarantee and livelihood guarantee throughout the country

This problem is so big that there may be hundreds of species across the country, because each province, city, and county has different standards.

At present, the highest is in the Shenzhen Special Economic Zone, with a minimum wage of 1,000 yuan, and in Shanghai it is 960

The minimum wage standard refers to the minimum wage guarantee system, which is determined by each province, autonomous region and municipality directly under the Central Government. The subsistence minimum refers to the subsistence allowance of the residents. The two are not equated.

It's not the same concept either. The state implements a minimum wage guarantee system, and the specific standards of the minimum wage are formulated by the people of the autonomous region, provinces and cities. The minimum wage standard does not refer to the basic salary of employees, but refers to the entire income of employees, including the basic salary.

According to the relevant national and provincial regulations, the minimum wage standard shall include the basic salary (or standard wage), bonuses, and allowances (subsidies) in the nature of price compensation issued by the state, provinces and municipalities. Normal labor refers to the work performed by the worker during the statutory working hours or the working hours agreed in the labor contract in accordance with the provisions of the labor contract signed in accordance with the law. Workers who are entitled to paid annual leave, family visit leave, marriage and funeral leave, maternity (maternity) leave, birth control surgery leave and other leave periods prescribed by the state in accordance with the law, as well as the period during which they participate in social activities in accordance with the law during the statutory working hours, shall be deemed to have provided normal work.

The minimum wage standard applies to enterprises, private non-enterprise units, individual industrial and commercial households with employees and workers who have formed labor relations with them within the territory of the People's Republic of China. The minimum wage standard refers to the minimum labor remuneration that the employer should 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.

Legal basis: Article 48 of the Labor Contract Law of the People's Republic of China: The state implements a minimum wage guarantee system, "the practice of giving corresponding subsidies to the population who have reached the poverty line to ensure their basic livelihood."

1) It is a subsidy for the cost of living to ensure basic living.

2) It is a kind of relief for the poor.

3) It is temporary. If the income of a population or family that previously enjoyed the minimum subsistence allowance increases and exceeds the prescribed standard of relief, the population or family that was previously entitled to the minimum subsistence allowance shall no longer be entitled to the minimum subsistence allowance benefit.

The subsistence minimum is a traditional practice in our country, but the meaning of the past is very different from that of today. In the past, the recipients of relief were divided into different types and treated differently. Since the 80s of the 20th century, many places have explored the reform of relief methods.

In 1993, Shanghai was the first city in the country to establish a minimum subsistence security system, which was rolled out nationwide in 1996. In September 1999, the "Regulations on the Minimum Livelihood Security for Urban Residents" was approved and implemented nationwide on October 1 of the same year, which means that the minimum livelihood guarantee system for urban residents has been fully implemented throughout the country, and it is also an important symbol of the development of social assistance in China.

Legal Analysis: The differences between the minimum wage and the minimum living standard are as follows:1

Since the introduction of the minimum wage system in the country, the benefits of different functions have been expanded, and 31 provinces and municipalities in the country have implemented minimum wage standards. The implementation of the minimum wage system has played a positive role in safeguarding the labor rights and interests of workers, and is conducive to preventing and reducing the occurrence of wage deductions. The minimum subsistence guarantee is conducive to the implementation of the principle of giving priority to efficiency and taking into account fairness, and maintaining social stability; It provides a legal basis for the labor remuneration part of the labor relationship, which is conducive to the correct determination of the labor relationship and also provides a basis for the enterprise to do a good job in internal distribution.

The implementation of the minimum subsistence guarantee provides a legal basis for deepening the reform of the wage system within enterprises, and also provides a basis for speeding up the reform of the wage system of state organs and institutions. The determination and adjustment of the minimum subsistence security standard is conducive to the macroeconomic regulation and control function of the first place. It is also conducive to building a harmonious society.

2.The calculation formula of the minimum wage standard for different calculation methods is as follows: net operating income = operating income - operating expenses - depreciation of productive fixed assets - product tax + net rental income, net rental income from other assets, and converted net rent of self-owned housing.

Net property income excludes premium income from the transfer of ownership of assets. The formula for calculating net transfer income is: net transfer income = transfer income - transfer expenditure, and the formula for calculating the minimum subsistence allowance is as follows:

Real growth rate of per capita disposable income = (per capita disposable income in the reporting period per capita disposable income in the base period) Consumption ** index -100%. 3.It is suitable for different people.

The minimum wage system shall apply to all workers whose main income** is the minimum subsistence allowance, and the minimum subsistence allowance is applicable to residents who have not been re-employed during the period of receiving unemployment benefits or after the expiration of the unemployment benefits, and whose per capita income is lower than the minimum subsistence allowance; Incumbents and laid-off workers receive wages or minimum wages, basic living expenses, and retirees receive pensions, but the per capita household income is still lower than the minimum subsistence security standard.

Legal basis: 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 to the employee shall not be lower than the local minimum wage.

Article 49 The following factors shall be taken into account in determining and adjusting the minimum wage standards: (1) the minimum living expenses of the laborers themselves and the average dependent population; (2) the average social wage level; (3) Labor productivity; (4) Employment status; (5) Differences in the level of economic development between regions.