I run a smart home and want to recruit some salesmen. I don't have a basic salary, but I can give a high commission. The probation period is 2 months. Is it illegal?

It is illegal to have no basic salary. The state implements a minimum wage guarantee system, and the wages paid by employers to workers shall not be lower than the local minimum wage standard.

Referring to Article 48 of the Labor Law of People's Republic of China (PRC), the state implements the minimum wage guarantee system. The specific standard of the minimum wage shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record. The wages paid by the employer to the workers shall not be lower than the local minimum wage.

Referring to Article 5 of the Minimum Wage Regulations, the minimum wage standard generally takes the form of monthly minimum wage standard and hourly minimum wage standard. The monthly minimum wage applies to full-time employees and the hourly minimum wage applies to part-time employees. ?

Referring to Article 12 of the Minimum Wage Regulations, the wages that the employer should pay to the workers shall not be lower than the local minimum wage standard after deducting the following items:

(1) Extending working hours and wages; ?

(2) allowances under special working environments and conditions such as middle shift, night shift, high temperature, low temperature, underground, toxic and harmful; ?

(3) Employees' welfare as stipulated by laws, regulations and the state, etc. ?

The employing units that implement the wage forms such as piecework wage or royalty wage shall not pay workers wages lower than the corresponding minimum wage standard on the basis of scientific and reasonable labor quota. If the laborer fails to provide normal labor within the statutory working hours or the working hours stipulated in the labor contract signed according to law due to his own reasons, the provisions of this article shall not apply. ?

With reference to Article 13 of the Minimum Wage Regulations, if an employer violates the provisions of Article 11 of these regulations, the administrative department of labor security shall order it to make corrections within a time limit; In violation of the provisions of Article 12 of these Provisions, the administrative department of labor and social security shall order it to reissue the wages owed to the workers within a time limit, and may order it to pay compensation to the workers according to 0 to 5 times of the wages owed. ?

Extended data

According to the provisions of Article 50 of the Labor Law of People's Republic of China (PRC), wages should be paid to the workers themselves on a monthly basis in the form of money. The wages of workers shall not be deducted or delayed without reason.

Referring to Article 6 of the Minimum Wage Regulations, the determination and adjustment of the monthly minimum wage standard should refer to the minimum living expenses of local workers and their dependents, the consumer price index of urban residents, the social insurance premiums and housing accumulation funds paid by individual workers, the average wage of workers, the level of economic development, employment status and other factors. ?

To determine and adjust the hourly minimum wage, we should consider the basic old-age insurance premium and basic medical insurance premium paid by the unit on the basis of the promulgated monthly minimum wage standard, and at the same time give due consideration to the differences between part-time employees and full-time employees in terms of job stability, working conditions, labor intensity and welfare benefits. ?

With reference to Article 11 of the Minimum Wage Regulations, the employer shall publicize the minimum wage standard to all employees of the unit within 10 days after its release.

Ministry of Human Resources and Social Security-Minimum Wage Ordinance

China People's Congress Network-People's Republic of China (PRC) Labor Law