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Heilongjiang: 513 Days Without Pay 373 Yuan

2015/5/5 10:28:00 28

HeilongjiangMay 1No Pay

According to the bulletin of the National Federation of trade unions on "adjustment of minimum wage standards in all provinces, autonomous regions and municipalities directly under the central government", Beijing, Tianjin, Hunan, Guangdong, Hainan, Tibet and other 6 provinces (regions, municipalities) and Shenzhen have adjusted the minimum wage standards, of which Beijing, Tianjin and Shenzhen have been adjusted again on the basis of the adjustment in 2014.

Minimum wage standard

according to

Heilongjiang

The minimum wage of the minimum monthly wage of 1160 yuan is calculated. If you work in Heilongjiang for 513 days without rest, you can get at least 373 yuan in salary, and this amount is not as good as 60% of the lowest wage in Shenzhen.

The National Federation of trade unions has pointed out that

Minimum wage regulation

The minimum wage should be adjusted at least once every two years.

Heilongjiang and Tibet did not adjust in two years in 2013 and 2014. They did not meet the minimum wage standards stipulated in the minimum wage regulations at least once every two years.

At present, the monthly minimum wage standard in Shenzhen is 2030 yuan, and Heilongjiang is 1160 yuan lower.

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Employees who are not paid to stay at their posts, retired employees who have not reached the statutory retirement age, laid-off workers, and employees who have "long vacation" due to the business operation stop production belong to the "special" labor crowd. They have more urgent employment needs. Many enterprises like this, employ these people in "labor relations" and avoid "labor relations", so that they can ignore the minimum wage system, working hour system, labor security system and social insurance system required in the labor contract law, which saves enterprise expenses, but greatly damages the rights and interests of workers.

For this reason, the Supreme Court's relevant judicial interpretation requires that the above-mentioned persons may establish dual labor relations, and if they have disputes over employment with new employers, they should deal with them according to labor relations.

In many cases of termination of labor relations, the reasons for the resignation of workers are in violation of the rules and regulations of the unit.

In fact, many units do not publicized rules and regulations, and dismiss workers through these "mysterious" regulations.

The judge said that if the employer did not publicize the rules and regulations to the laborers, the rules and regulations would not be binding.

In addition, the labor contract law also stipulates that when employing units to formulate, modify or decide on rules and regulations or major matters directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance benefits, staff training, labor discipline and labor quota management, etc., it shall be discussed by workers' Congress or all staff members, and proposals and opinions shall be put forward, and shall be determined by consultation with the trade union or workers' representatives on an equal footing.

Conflicts between rules and regulations without democratic procedures and mandatory provisions of law may lead to loss of employers.

In addition to playing cat and dog, some employees have "rinsed" a company, and some human resources executives do so.

The labor contract law requires the enterprises and workers to sign a written contract, otherwise they will face punitive damages of two times the difference in wages.

This regulation is intended to protect workers' rights and interests, but it is also used by some executives.

In real life, the director of human resources, who has repeatedly resigned, sued the enterprise for not signing a written contract, demanding a high two times salary compensation case.

The judge pointed out that the director of human resources is familiar with the provisions of the law, and at the same time, it is the person in charge of the operation of human resources in the enterprise. Signing and keeping the labor contract belongs to the scope of its work. If the employer can prove that the labor contract is the responsibility of the person in charge of the personnel management department, there is no need to pay two times the wage difference to the person in charge.

On the contrary, if the person in charge can prove that he has signed a labor contract with the employer and the employer refuses, the employer still has to pay two times the wage difference to the laborer.


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