Is there a daily wage system?

The daily wage system itself is just a way to calculate and pay wages. China does have a daily wage system. For example, the state-owned Ling Automobile Group also adopts the daily wage system, which is widely used in other construction industries.

If it is a regular company, it has to sign a labor contract with the employee and enjoy 80% of the salary for sick leave according to the labor law. But if you don't sign an employment contract with the company, it's hard to say. Even after labor arbitration, others say you are a short-term worker. What can you do?

The current law does not stipulate the minimum term of the labor contract, so it is hard to say that it is illegal, but because of the relatively weak position of the workers, the workers may not really be voluntary.

I attach (reprint) an article below, hoping to help you.

Published on: February 28, 200713: 39 by A Bin

"Our company implements a daily salary system, which is to calculate wages by the day. After you enter the factory, you will set your daily salary according to your job and your own performance. Do it for a day and get a day's salary. You can't get paid if you don't work. " Recently, in Dongguan Zhitong talent market, the recruiter of a plastic mold factory introduced this to every job seeker who came to apply, and stressed that resignation would not deduct employees' wages. The staff of the recruiter said that the implementation of the daily salary system is mainly to facilitate the accounting of employees' wages, and the daily salary is fixed, which is not as cumbersome as other salary calculation methods, and can also ensure that employees' wages are not owed.

Mr. Liu, who came to apply for the job, said that he had changed jobs in some enterprises in Guangzhou, Dongguan and other places, and rarely encountered a daily salary system like this. He said that this daily salary system has an advantage for job seekers, that is, wages will not be defaulted, and they can get full wages when they resign, but does this mean that they can't enjoy welfare benefits such as pension insurance, medical insurance, annual leave and family leave? The staff of an electronics company at the recruitment site also said that the "daily salary system" can indeed become a magic weapon for the "lightning" dismissal of enterprises.

It should be said that although most people are used to getting paid by the month, it is understandable to calculate and pay wages by the day as long as the employer and the employee agree clearly in advance. In fact, as long as the two parties establish or form a labor relationship, no matter what kind of wage system is adopted, the monthly salary of employees cannot be lower than the minimum wage standard, and the employer should ensure that employees have at least 1 day off every week, and the working hours per week cannot exceed 40 hours. Overtime workers should pay overtime according to regulations. The statement that enterprises can implement the "daily salary system" without providing social insurance and welfare benefits is sheer nonsense.

As for whether the "daily salary system" will become a magic weapon for enterprises to "lightning" dismissal, it needs specific analysis. According to the current law, if the labor contract has not expired, of course, the labor contract cannot be terminated at will. Even if the contract is terminated, it is generally required to notify 30 days in advance and pay economic compensation.

If the two parties have not signed a labor contract to form a factual labor relationship, some places stipulate that the employee can terminate the labor contract at any time, but the employer shall notify the employee 30 days in advance. In addition, according to the Notice of the Ministry of Labor on Matters Related to the Establishment of Labor Relations, if the employer proposes to terminate the labor relationship, it shall pay the economic compensation of one month's salary according to the working years of the employee.

However, if an enterprise signs a one-day labor contract with its employees, can it terminate the labor relationship at any time? The current law does not stipulate the minimum term of labor contracts. It is hard to say that it is illegal, but because of the relatively weak position of workers, workers may not really be voluntary.

In real life, the phenomenon of short-term contracts is becoming more and more serious. Even if the enterprise hires workers for a long time, the labor contract is signed once a year or even once a month. The so-called one-day signing is just an extreme analogy.

The new content of the second draft of the Labor Contract Law stipulates that "if the labor contract is renewed after two consecutive renewals of the fixed-term labor contract, and the employee proposes to sign a non-fixed-term labor contract, the employer shall sign a non-fixed-term labor contract with the employee; If the employer fails to sign a contract, when the labor contract is dissolved or terminated, the employer shall pay the laborer economic compensation in accordance with twice the economic compensation standard stipulated by the state. " It is to prevent some employers from using short-term contracts to circumvent the law and infringe on the basic rights and interests of workers.

In short, the "daily wage system" itself is only a way to calculate and pay wages, but some problems reflected by some enterprises in the process of trying out the "daily wage system" should attract the attention of relevant departments.

dalian evening news

A migrant worker who settled by the day was unfortunately seriously injured, and the unit shirked its responsibility on the grounds that it had not signed a labor contract with the unit. However, the labor arbitration commission ruled that there was a factual labor relationship between the settlement worker and the unit.

Liao, a 52-year-old migrant worker from Chongqing, went to Dalian to work early last year. He was selected by the monitor of a construction company to work as a steel formwork support worker at a construction site, and his salary was settled on a daily basis, and he went to 80 yuan every day. The monitor was hired by Xu, the boss of a construction company.

On September 30 last year, Liao fell off the scaffold, causing a flat fracture of the waist and vertebral body on the spot. Liao spent a lot of money on treatment, but the unit refused to reimburse him. The unit said that Liao had said at the time of recruitment that he was a "day-to-day worker", and he finished his work one day at a time without signing a labor contract. Since there is no labor contract, there is no labor relationship.

Under the guidance of lawyers, Liao sued the unit to Xigang District Labor Arbitration Committee. After trial, in March this year, the Xigang District Labor Arbitration Commission held that according to the relevant regulations of the General Office of the Ministry of Labor on how to divide the accident units in case of casualties during the leasing process, it was determined that the steel formwork steel structure labor service team undertaking the project was not an independent legal entity, so a company of the contractor should be an accident unit. According to the Notice on Matters Related to the Establishment of Labor Relations, the Xigang District Labor Arbitration Committee recognized Liao's claim and ruled that Liao had a factual labor relationship with the unit. This means that Liao will receive reasonable and legal compensation of tens of thousands of yuan.