Industry news

Position:Home > News > Industry news >

CAN THE PROBATION PERIOD SALARY BELOW MINIMUM WAGE STANDARD
发布时间:2019-01-09 15:44

Core tip: each city developed the latest minimum wage standard, many people are in doubt, during the probation period, the salary ok under minimum wage standard?Law firm, warn broad laborer, even during the probation period, salary also cannot under standard of local minimum wage.Specific content by small make up for your finishing is introduced.

 

The probation period salary ok under minimum wage standard

 

According to "labor contract law implementation regulations" article 15 of the regulation, the laborer salary during the probation period shall not be lower than the same post's low wages 80% or shall not be less than 80% of the wage labor contract, and shall not be less than the employing unit seat of minimum wage standard.

So, even if just during the probation period, the laborer salary also cannot under minimum wage standard.

1, the penalty under minimum wage standard?

For under minimum wage standard unit paying worker pay pay, "labor contract law" the 85th regulation: under the local minimum wage standard pay salary to employees, shall pay the balance part;Exceed the time limit not of pay, more than fifty percent of the sum payable shall be ordered to unit of choose and employ persons of less than one hundred percent of the standard pay additional compensation to the employee.

2, the rights under minimum wage standard?

(1) the employee in case of infringement of minimum wage standard, the key is to keep good evidence, such as labor contract.Generally, unit of choose and employ persons and laborer after signing of the contract each hold a, for which the evidence, the employee should be kept well.

In the absence of the labor contract, to prove the fact labor relationship there is has the certain difficulty, laborer is in unit of choose and employ persons left everything recorded material, should try to save.

(2) please work with colleagues as a witness to prove.Payroll for the enterprise when wages by the worker need to sign for the wages of the credential, can make of evidential proof.Some companies are taken directly to worker wages dozen way payroll bank card, so can get pay check or passbook or proof of salary.But if we can prove the existence of the labor relations, in prove their salary company will bear some of the burden of proof, so to prove that labor relationship is the key.

3, what kind of salary is not included in the minimum wage standard?

The worker labor remuneration of the following should not be calculated in the minimum wage:

(1) to extend the pay pay legal working hours;

(2) the middle shift, night shift, high temperature, low temperature, underground, and other special working environment under the condition of poisonous and harmful allowance;

(3) the laws, regulations, rules and regulations of worker labor insurance, welfare benefits, including food subsidies and commute subsidies and housing subsidies, etc.;

(4) the municipal labor administrative department regulations are not included in the other income of the minimum wage, usually including individual pay endowment insurance, medical insurance, unemployment insurance and housing accumulation fund, etc.