Why doesn t the employment contract reflect the salary?

The reason why wages are not reflected in employment contracts is that wages are variable. Some businesses adjust wages every year. If it is fixed in the labor contract, it is unrealistic to re-sign the contract every time it is adjusted.

Moreover, it is normal for the employment contract to only reflect the legal documents of the employer and the employee, and not the salary.

A labor contract is an agreement between an employer, including an enterprise, a public institution, a state organ, a social organization and other organizations, to determine the labor relationship and clarify the mutual rights and obligations between the employer and the employee. When signing labor contracts with recruited workers, enterprises must abide by the provisions of national policies and regulations, and adhere to the principles of equality, voluntariness and consensus; The employment contract must be signed in writing; The content of the employment contract must be complete and accurate.

Wages refer to the remuneration paid by the employer or statutory employer to the employee in the form of money in accordance with the provisions of the law, or the industry regulations, or according to the agreement with the employee, and the salary can be calculated in different forms such as hourly salary, monthly salary, annual salary, etc.

The role of the employment contract is as follows:

1. It is an important guarantee for workers to realize their labor rights;

2. It is an important means for employers to rationally use labor, consolidate labor discipline and improve labor productivity;

3. It is an important measure to reduce and prevent the occurrence of labor disputes;

4. It is an important carrier for establishing standardized and effective labor relations.

Article 17 of the Labor Contract Law of the People's Republic of China A labor contract shall have the following provisions:

1) The name, address, and legal representative or principal responsible person of the employer;

2) The worker's name, address, and resident ID card or other valid identification number;

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against occupational hazards;

9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

According to Article 17 of the Labor Contract Law, the labor contract shall have a clause on labor remuneration. So since there are clear regulations, why don't some companies write them? The reasons are twofold:

1. Failure to specify wages or false writing will not lead to the invalidity of the contract, and according to Article 18, if the labor contract is not clear on the standards of labor remuneration and working conditions, and disputes arise, the employer and the employee may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; Where there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented. In other words, if it is not specified but can be supplemented and corrected, it does not affect the legal effect of the labor contract. 2. Salary and remuneration are confidential information in the enterprise, in order to prevent employees from comparing with each other and affecting the atmosphere of the team, general enterprises do not like to write the actual salary, either write according to the company's salary system to set the post and salary, or write the minimum wage standard, the purpose is also to strengthen the personnel management of the enterprise.

If the employment contract does not reflect the salary, then the employment contract is definitely non-compliant.

Now it's all like this, because the contracts they signed are the lowest, and it is estimated that they have consulted a lawyer, which must be beneficial to them, nothing, just make money, if you care so much, there is no way to work.

Because there are a lot of salary items, some performance awards are related to the effectiveness of your work

Legal analysis: In the labor contract, it is necessary to carry a stool to reflect the salary, otherwise it is an illegal act. Most labor contracts do not specify the specific amount of wages, and the company does not specify the salary on the contract under the pretext of confidentiality, salary adjustment, etc., which is unreasonable, and a contract without wages is equivalent to an invalid contract.

Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the workers in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Labor Contract Law of the People's Republic of China Article 38 An employee may terminate a labor contract under any of the following circumstances: (1) failing to provide labor protection or working conditions in accordance with 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.

Legal analysis: According to the provisions of the law, if the remuneration is not reflected in the labor contract, the contract can be determined to be invalid or partially invalid.

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

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

The reason why wages are not reflected in employment contracts is that wages are variable. Some companies adjust their wages every year. If it is fixed in the labor contract, then it is unrealistic to re-sign the contract every time it is adjusted.

Moreover, it is normal for the employment contract to only reflect the legal documents of the employer and the employee, and not reflect the salary.

If the salary in the employment contract is not reasonable, you can negotiate first; If there is a complaint, you can go to the Labor Bureau; If there is a dispute between the two parties, go to the labor arbitration department.

According to Article 50 of the Labor Law of the People's Republic of China, wages should be paid to the worker in the form of money on a monthly basis. Employees shall not be repentant, withheld, or unreasonably in arrears of wages.