How is the minimum wage regulated?

The minimum wage standard refers to the minimum labor remuneration that the employer shall pay according to law if the employee provides normal work during the statutory working hours or the working hours agreed in the labor contract concluded in accordance with the law. The minimum wage is a mandatory minimum wage standard for employees, and the wages paid by the employer to the workers who provide normal labor must be higher than this standard, or at least not lower than this standard.

In order to understand this concept, it is important to grasp several concepts such as legal working hours, working hours agreed in labor contracts, and normal labor. The statutory working hours shall not exceed 8 hours per day, 40 hours per week, and the average number of days or hours per month shall not be exceeded. The working hours stipulated in the labor contract can only be equal to or less than the statutory working hours, and of course, with the approval of the labor and social security department, the implementation of the special working hours system must also comply with this provision within a cycle.

Normal labor refers to the work performed by the employee during the statutory working hours or the working hours agreed in the labor contract in accordance with the provisions of the labor contract. It should be particularly emphasized that the period during which an employee is entitled to paid annual leave, family leave, marriage and funeral leave, maternity leave, birth control leave, etc., as well as the period during which he or she participates in social activities in accordance with the law during the statutory working hours, shall be deemed to have provided normal work.

I think the minimum wage should be estimated in terms of the basic expenses of a married man and a family of five.

The minimum wage is the amount received after deducting social security (excluding overtime pay and various allowances).

Legal analysis: The minimum wage standard is different in each region, and is researched and formulated by the people's labor and social security administrative departments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with trade unions, enterprise federations or entrepreneurs' associations at the same level, and the specific policies shall prevail.

Legal basis: Article 8 of the "Minimum Wage Regulations" The determination and adjustment plan of the minimum wage standard shall be studied and formulated by the people's labor and social security administrative departments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the trade unions, enterprise federations and entrepreneurs' associations at the same level, and the formulated plans shall be submitted to the Ministry of Labor and Social Security. The programme includes the basis for the determination and adjustment of the minimum wage, the scope of application, the criteria for formulating and the description.

After receiving the proposed plan, the Ministry of Labor and Social Security shall solicit the opinions of the All-China Federation of Trade Unions and the China Enterprise Confederation and the Entrepreneurs Association.

The Ministry of Labor and Social Security may propose amendments to the plan, and if it does not submit amendments within 14 days after receiving the plan, it shall be deemed to have agreed.

Provisions on minimum wage standards: Minimum wage standards generally take the form of monthly minimum wage standards and hourly minimum wage standards. The former is for full-time workers, and the latter is for part-time workers.

The determination and adjustment of the monthly minimum wage standard should refer to factors such as the minimum cost of living of local employees and their dependents, and the consumption index of urban residents.

[Legal basis].

Article 3 of the Minimum Wage Regulations.

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

Article 5. The minimum wage standard generally takes the form of a monthly minimum wage standard and an hourly minimum wage standard. The monthly minimum wage applies to full-time workers, and the hourly minimum wage applies to part-time workers.

Article 6. In determining and adjusting the monthly minimum wage standard, reference should be made to factors such as the minimum cost of living for local employees and their dependents, the consumption index of urban residents, the social insurance premiums and housing provident fund paid by individual employees, the average wage of employees, the level of economic development, and the status of employment.

The minimum wage guarantee system is China's labor and social security system. What is the minimum wage in the system?

1. The minimum wage standard is the minimum labor remuneration paid to workers by a small number of employers who have difficulties in production and operation, have experienced a decline in economic efficiency, and really have no ability to pay wages normally (when they cannot pay wages normally for more than three consecutive months). Employers with the ability to pay are not allowed to use the minimum wage as the standard for paying their regular wages.

2. When an employer shall pay wages according to the minimum wage standard, it shall perform the necessary democratic procedures and report to the labor and social security administrative department at the same level in advance. Labor and social security departments should include employers that implement minimum wage standards in the scope of key monitoring, strengthen follow-up inspections, and earnestly safeguard workers' rights and interests in basic labor remuneration. After the user's production and operation return to normal, the wage standard shall be restored or increased immediately.

3. During the period of probation, internship, proficiency or apprenticeship, the employment relationship between the employer and the employee has been established, and the minimum wage provisions shall apply.

4. Statutory annual leave, family leave, marriage leave, bereavement leave, maternity leave, breastfeeding leave and other leave are the leave rights granted to workers by law, and shall be regarded as providing normal work, and the minimum wage shall apply.

5. If the state or province has clear provisions on the relevant labor quota standards, the employer shall calculate the wages of workers in strict accordance with the labor quota standards. If there is no relevant labor quota standard for the time being, the employer must scientifically and reasonably determine the labor quota, and determine the basic unit price and excess unit price based on this. The basic unit price must be determined based on the normal amount of work that most workers are able to perform during the legal working hours.

Workers are provided with normal work, and the wages calculated at the basic unit price shall not be lower than the minimum wage.

6. In addition to the minimum wage standard, the following items shall be paid separately by the user:

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. If the employer pays wages to the employee, the wage shall not be lower than the local minimum wage standard, and if the employee is lower than the local minimum wage standard, the employee may apply to the arbitration institution for arbitration to demand compensation from the employer.

[Legal basis].Article 48 of the Labor Law of the People's Republic of China.

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.

Paragraph 3 of Article 91 of the Labor Law of the People's Republic of China.

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 the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:

3) Paying wages to workers at a rate lower than the local minimum wage.

The minimum wage standard shall be prescribed by the people of the province, autonomous region and Nacong City, and shall be reported for the record. The determination of the minimum wage standard requires a comprehensive consideration of the following factors: employment status; Labour productivity; the minimum cost of living for the worker and the average dependent population; the average level of social wages; Differences in the level of economic development between regions.

Due to the imbalance in the level of economic development between various regions in China, and the large difference between the wage level and the price level, Article 48 of the Labor Law stipulates: "The specific standard of minimum wage shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record". According to the provisions of the Labor Law, the minimum wage standards in China are currently determined by region, and there is no unified standard across the country.

In accordance with the basic principles of the Labor Law, the Ministry of Labor promulgated the Regulations on the Minimum Wage for Enterprises and the Circular of the Ministry of Labor on the Implementation of the Minimum Wage Guarantee System in 1993 and 1994 respectively, which put forward specific provisions on the determination of the minimum wage standard. The determination of the minimum wage standard shall be based on the principle of democratic consultation among the representatives of the trade union and the enterprise. The people's labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall exercise unified management over the implementation of the minimum wage system in their respective administrative regions.

The labor administrative department shall exercise unified management over the national minimum wage system. The labor administrative departments of all provinces, autonomous regions and municipalities directly under the Central Government, together with the trade unions at the same level and the entrepreneurs' associations, shall report to the Ministry of Labor for opinions after consulting with the local federations of industry and commerce, finance, civil affairs, statistics and other departments, and report to the Ministry of Labor for comments, and if they do not receive the change opinions from the Ministry of Labor within 25 days, or after receiving the change opinions for revision, they shall be submitted to the local people for approval, and shall be published in the local gazette and at least one newspaper of the whole region within 7 days after approval, and shall be reported for the record and copied to the Ministry of Labor. After the promulgation and implementation of the minimum wage standard, if there is a change in the factors that determine the minimum wage standard, or if the cumulative change in the ** index of the cost of living of employees in the region is large, it shall be adjusted in a timely manner, but at most once a year.