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How to write the labor contract salary of property security?
The salary in the labor contract should be as much as the general promise. The salary during the probation period is not less than 80% of the agreed salary and not less than the local minimum wage. Performance, attendance and post salary should be clear about the amount or calculation method.
People's Republic of China (PRC) labor contract law
Article 18
If the standard agreement on labor remuneration and working conditions in the labor contract is not clear, which leads to disputes, the employer and the employee may negotiate again; If negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or there is no agreed labor remuneration in the collective contract, equal pay for equal work shall be implemented; If there is no collective contract or the collective contract does not stipulate working conditions and other standards, it shall be implemented in accordance with relevant state regulations.
Article 20
The employee's salary during the probation period shall not be less 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 less than the minimum wage standard in the place where the employer is located.
Provisions of labor law on wages
Wage refers to the labor remuneration paid by the employer to employees in monetary form according to the relevant provisions of the state and the agreement between the two parties in labor relations. For example, monthly salary, quarterly award, half-year award and year-end award. However, according to the provisions of laws, regulations and rules, the following expenses borne by the employer or paid to employees are not wages:
(1) social insurance premium;
(2) Labor protection fee;
(3) Welfare expenses;
(4) One-time compensation paid by the employer when the employee terminates the labor relationship;
(five) family planning fees;
(six) other expenses that do not belong to wages.
In political economy, wages are essentially the value or price of labor. Wage is an important part of production cost.
The "salary" in the Labor Law refers to the labor remuneration paid directly by the employer to the employees in the form of money according to the relevant provisions of the state or the labor contract, which generally includes hourly wages, piece-rate wages, bonuses, allowances and subsidies, wages paid for extended working hours and wages paid under special circumstances. "Wage" is the main component of laborers' labor income. The following labor income of employees does not belong to the wage range:
(1) Social insurance benefits paid by the unit to individual employees, such as funeral pensions and relief funds, subsidies for living difficulties, and family planning subsidies. ;
(2) Labor protection expenses such as work clothes, antidotes and refreshing drinks paid by the employer to the workers;
(3) All kinds of labor remuneration and other labor income that do not participate in the total wages according to regulations, such as the Invention Award, the National Spark Award, the Natural Science Award, the Scientific and Technological Progress Award, the Rationalization Proposal and Technical Improvement Award, and the Chinese Skills Award. The state pays according to the regulations, as well as manuscript fees, lecture fees, translation fees, etc.
Wage is the most critical part in signing a labor contract, so you need to clarify the relevant constraints and minimize the loss of your own rights and interests, so that your own interests will have positive significance, but the solution to the problem needs to be operated according to specific requirements, so as to reduce your own mistakes and better safeguard your own interests.
Extended reading:
How to pay the wages of female employees during maternity leave?
What is the mode of proof of wage income? How to write the proof of salary and income?
What will happen if the boss defaults on his salary? How do workers defend their rights?
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