2008 New Labour Law Minimum Daily Wage

Beijing and Tianjin must raise the minimum monthly wage.

On January 10, the Ministry of Labor and Social Security issued a document to increase the number of monthly pay days from the original days to days. In order to adapt to the new conversion method, places such as Beijing and Tianjin may need to raise the minimum monthly wage.

After the number of monthly pay days is adjusted to days, it will be calculated as 8 hours per day, and correspondingly, the monthly pay hours will be increased from hours to 174 hours.

Originally, when Beijing and Tianjin issued the minimum wage standards, they referred to the old standard of the number of days of monthly salary and the number of monthly salary hours as hours, so they faced the need for adjustment.

In Beijing, for example, after July 1, 2007, the minimum wage standard was "not less than RMB per hour and not less than RMB 730 per month".

However, after the Ministry of Labor and Social Security promulgated the latest Notice on Issues Concerning the Conversion of Employees' Average Monthly Working Hours and Wages throughout the Year (hereinafter referred to as the "Circular"), according to the new calculation standard, if Beijing maintains the minimum wage standard of 730 yuan per month, it will be converted into an hourly wage, which is only 1 yuan per hour, which is lower than the stipulated yuan. If Beijing maintains the minimum standard of 1 yuan per hour, the minimum monthly wage should be 759 yuan, 29 yuan higher than 730 yuan.

An expert from the Ministry of Labor and Social Security said that it is estimated that Beijing will not be able to reduce the hourly minimum wage, so it will have to raise the monthly minimum wage to 759 yuan, or simply raise both the hourly and monthly wages and match them according to the new conversion method.

This time, the Ministry of Labor and Social Security has introduced new regulations, which are characterized by the inclusion of statutory holidays in the scope of wage payment. The Ministry of Labor and Social Security explained in the Notice that the basis for the new method is that "in accordance with Article 51 of the Labor Law, employers shall pay wages on statutory holidays in accordance with the law, that is, the 11 statutory holidays stipulated by the state shall not be excluded when converting daily wages and hourly wages." ”

The last version of the Circular, issued in 2000, stipulates that the average number of working days and working hours per month for employees throughout the year are days and hours, respectively, and that "the daily and hourly wages of employees shall be converted accordingly". Most parts of the country, such as Beijing and Tianjin, set minimum wage standards based on this.

However, this practice is not counted as an official holiday and is therefore contrary to international trends. And some cities in China, such as Shenzhen, have been in line with international standards in advance.

On 1 July 2006, Shenzhen set the minimum wage in the Special Economic Zone at RMB 850 per hour, which is the standard for calculating hourly hours per month (at that time, the statutory holidays were 10 days, but now it has been increased to 11 days).

In other areas, such as Shanghai, there is only a minimum wage per month, not an hourly minimum wage, so theoretically there is no need to make adjustments. Since September 1, 2007, the minimum wage for workers in Shanghai has been set at 840 yuan per month.

Wage standards are different in different regions. You can check your local wage standards, which are divided into several types of regions based on the premise of the province.

Legal Analysis: The minimum wage is the wage that the employer should pay to the employee under the condition that the employee provides normal work, and shall not be lower than the local minimum wage standard after excluding the following items: (1) Wages for extended working hours; (Overtime pay) (2) Special working environments such as medium shifts, night shifts, high temperatures, low temperatures, underground, toxic and harmful; (3) Extended working hours wages, legal, and high temperatures.

Legal basis: Minimum Wage Regulations

Article 5 The minimum wage standard shall generally take the form of monthly minimum wage standard and 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 The determination and adjustment of the monthly minimum wage standard shall take into account factors such as the minimum living expenses of 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 employment status.

In determining and adjusting the hourly minimum wage standard, on the basis of the promulgated monthly minimum wage standard, the basic pension insurance premiums and basic medical insurance premiums payable by the employer shall be taken into account, and due consideration shall also be given to the differences between part-time workers and full-time employees in terms of job stability, working conditions, labor intensity, benefits, etc.

The specific calculation methods of the monthly minimum wage standard and the hourly minimum wage standard are shown in the annex.

In 2011, the minimum salary standard was: 1,160 yuan. The minimum wage standard in Beijing has been raised from less than 960 yuan per hour to no less than 1,160 yuan per hour and no less than 1,160 yuan per month.

In addition, the following items are not included in the minimum wage standard, and the employer shall pay them separately according to the regulations: (1) allowances for workers in special working environments and conditions such as medium shift, night shift, high temperature, low temperature, underground, toxic and harmful; (2) Overtime and overtime wages due to the worker; (3) The social insurance premiums and housing provident fund payable by the individual worker; (4) Other income that is not included in the minimum wage standard in accordance with the provisions of the state and the city. The hourly minimum wage for part-time employees has been raised from 11 yuan per hour to 13 yuan per hour; The hourly minimum wage for part-time employees on statutory holidays has been raised from RMB per hour to RMB 30 per hour.

The above standards include the pension, medical and unemployment insurance premiums payable by the employer and the employee himself.