Whether the hourly pay on the employment contract is the basic salary or the gross salary

Hourly pay is neither a base salary nor a gross salary. Hourly wage refers to a way of calculating wages according to the working hours of the workers, and the wages are calculated and paid according to the technical and professional level of the workers themselves, or the corresponding wage standards pre-specified in the labor level of the worker's job position and position, and the actual effective working hours of the worker, which is a form of wage distribution, not a specific wage amount.

Legal analysis

The content of hourly wages in the labor contract is the time unit for measuring labor and remuneration, and it is also the technical standard for measuring the amount of labor and the corresponding remuneration, which refers to the actual effective working time paid by the employee. The content of hourly wages in the labor contract refers to the working hours of employees within the specified working hours, as well as other overtime hours, if in order to protect the basic rights of employees, hourly wages are more common in many enterprises nowadays, and the stability of hourly wages is relatively good, which is very reassuring for employees. Hourly wages can be divided into weekly, daily, and hourly systems.

Employers that have been approved to implement comprehensive calculation of working hours shall comprehensively calculate working hours on a weekly, monthly, quarterly, annual and other cycles, provided that their average daily working hours and average weekly working hours shall be basically the same as the statutory standard working hours. In summary, hourly pay refers to a way in which wages are calculated according to the number of hours worked by workers. Regardless of the monthly, daily, or hourly wage system, the hourly wage system is not the basic wage or the total wage.

Legal basis

Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China

Article 65 Employers that have been approved to implement a comprehensive calculation of working hours shall comprehensively calculate their working hours on a weekly, monthly, quarterly, annual and other cycles, but their average daily working hours and average weekly working hours shall be basically the same as the statutory standard working hours.

Article 66 For some employees of enterprises whose production tasks are unbalanced due to the influence of external factors in market competition, after strict examination and approval by the labor administrative department, they may be implemented with reference to the method of comprehensive calculation of working hours, provided that the employer shall take appropriate measures to ensure the employees' right to rest and leave and the completion of production and work tasks.

First, hourly wages refer to a way of calculating wages based on the hours worked by workers.

Second, hourly wages can be divided into: monthly wage system, daily wage system and hourly wage system.

Third, regardless of which monthly, daily, or hourly wage system your hourly wage system you belong to, it is not a basic salary or a gross salary.

Fourth, if you still have to work on a statutory holiday, you will also need to be paid overtime pay.

Fifth, so your hourly salary is only your main income, not the base salary and the head office.

Legal Analysis: Gross wages are made up of three parts:

1. Hourly wageHourly wage: refers to the labor remuneration paid to individuals according to the hourly wage standard (including the regional living expense subsidy) and working hours.

2. Piece-rate wages: refers to the labor remuneration paid according to the piece-rate unit price for the work done.

3. Bonus: refers to the excess labor remuneration paid to employees and the labor remuneration for increasing income and reducing expenditure.

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.

Should the employment contract specify what the salary will be? The amount of wages and the method of payment shall be specified in the labor contract. The lawyer will provide you with a solution:

If the agreement on labor remuneration is not clear, it can be renegotiated; If the negotiation fails, the provisions of the collective contract shall apply; where there is no collective contract, equal pay for equal work shall be implemented; If the employer is in arrears of remuneration, it may file a complaint with the labor administrative department, and if the employer still fails to pay the remuneration after being ordered to do so, the employer also needs to pay additional compensation to the employee.

According to Article 17 of the Labor Contract Law, the labor contract shall have the following provisions: (1) the name, domicile and legal representative or principal person in charge 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 provided 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.

Article 18 Where the labor contract is unclear 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; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply. The above is the answer made by the lawyer for you, I hope it will be helpful to you.