Does Not Sign A Contract Apply To The Minimum Wage?

Lao Ma: my son recently entered a company, when he said that wages should not be lower than the minimum wage standards, and so on after 6 months of probation, sign and increase wages.

But now my son has been at work for more than 3 months, and sometimes he has to work overtime, but whether he works overtime or not, the monthly salary is fixed minimum wage.

Social security is also not paid. It is also necessary to start paying after trial qualification.

In addition, I asked for a few days' sick leave. The actual salary was only one thousand, and I didn't know how to figure it out.

The son asked the enterprise personnel, replied the trial stage does not apply the minimum wage system, after all signing the contract.

Do you have such a statement? Ms. Cui Cui:

First of all, be clear about this.

It's against the law.

Now, if enterprises do not establish labor relations, they may find a reason to kick off your son, especially in case of work-related injuries and diseases.

So you should quickly collect evidence of labor relations and complain to the local labor supervision department.

Here I will introduce the relevant regulations to you.

First, the probationary period can not be set alone.

The probationary period is determined according to the length of the labor contract and should be included in the term of the labor contract.

If the term of a labor contract is less than 1 years for more than 3 months, the probation period shall not exceed 1 months; if the term of the labor contract is 1 years or less, the probation period shall not exceed 2 months; the probation period of a fixed term and no fixed term for more than 3 years shall not exceed 6 months.

The law is clear, the parties to the labor contract only agree.

The probationary period is not valid, and the term is the term of the labor contract.

Therefore, it is illegal for a company to agree on the probation period with your son separately.

Your son has now formed a factual labor relationship with the unit, and everything is carried out according to labor laws and regulations.

Second, overtime pay should not be included in the minimum wage.

Minimum wage refers to employees.

The minimum labor remuneration paid by enterprises where normal labor is provided.

The minimum wage applies to enterprises within the city and to workers and other workers who form labor relations.

The minimum wage shall be composed of the following items: the first one is to extend the wages paid by the statutory working hours; two, the allowances for the special work in the middle class, night shift, high temperature, low temperature, underground, toxic and harmful conditions; and three, other incomes which are not included in the minimum wage stipulated by the municipal labor and Social Security Bureau.

Workers' insurance and welfare benefits prescribed by laws, regulations and regulations shall not be included in the minimum wage.

It is worth pointing out that the wage for sick people also has the standard of underpinning. According to the provisions of this Municipality, first, enterprises pay the sick leave pay or sickness relief fee for the workers during the sick leave period, which is not less than 80% of the minimum wage standard of the workers in this city.

Two, the minimum standard of sick leave pay or disease relief for employees of an enterprise does not include old-age, medical, unemployment insurance and housing provident fund payable by employees.

Third, payment of social security is compulsory obligation.

The tenth provision of the social insurance law stipulates that workers should take part in the basic old-age insurance, and the basic old-age insurance premiums shall be jointly paid by employing units and workers.

If the employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a specified time limit. If it fails to make corrections within the time limit, it shall impose a fine of more than three times the amount of social insurance premiums payable by the employing unit, and the person directly in charge and other persons directly responsible shall be fined not less than five hundred yuan or less than three thousand yuan.

If the employer fails to pay the social insurance premium on time and in full, the social insurance premium collection agency shall order the time limit to pay or make up for it, and shall pay 5/10000 of the late fee from the date of default. If the overdue payment is not paid, the relevant administrative department shall pay a fine of more than one time or more than three times the amount outstanding.