Legal provisions on the wages of apprentices

The so-called apprentice, that is, the probation period of workers.

According to the regulations, the wages of workers during the probation period shall not be lower than the minimum wage of the same position in the unit or the wages agreed in the labor contract, which is 80% of the wages of workers after the expiration of the probation period, and shall not be lower than the minimum wage standard where the employer is located.

The legal provisions on the wages of apprentices are as follows:

1, a person who works in individual technical service units such as restaurants and auto repair shops and learns skills with pay;

2. The level position in the company's internal work technology is not the legal definition of labor, but the signing of labor contracts is the formal work;

3. There is no regulation on the wages of apprentices in China, and generally it shall not be lower than the local minimum living standard.

legal ground

People's Republic of China (PRC) labor contract law

Article 20 The wages of workers during the probation period shall not be lower than 80% of the minimum wage of the same position in the unit or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located. Article 50 Wages shall be paid to labourers themselves on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason. Article 51 During legal holidays, wedding and funeral leave and participation in social activities according to law, the employing unit shall pay wages according to law. Article 21 During the probation period of termination of a labor contract, the employing unit shall not terminate the labor contract, except that the laborer has the circumstances specified in Items 1 and 2 of Article 39 and Article 40 of this Law. If the employer terminates the labor contract during the probation period, it shall explain the reasons to the employee. Article 19 If the probation period of a labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months.

The same employer and the same worker can only agree on a probation period.

A probation period may not be stipulated in a labor contract whose term is to complete certain tasks or whose term is less than three months.

The probation period is included in the labor contract. If the labor contract only stipulates the probation period, the probation period is not established, and this period is the term of the labor contract.

Interim provisions on wage payment

Seventh wages must be paid on the date agreed by the employer and the employee. In case of holidays or rest days, payment should be made in advance on the nearest working day. Wages are paid at least once a month. If the weekly, daily and hourly wage system is implemented, wages can be paid by the week, day and hour.