1, the minimum wage standard is the minimum labor remuneration paid to workers by a few employers who have difficulties in production and operation, decreased economic benefits and no normal wage payment ability (unable to pay wages normally for more than three months in a row). Employers with the ability to pay shall not take the minimum wage as the normal wage payment standard.
2, the employer needs to pay wages according to the minimum wage standard, should perform the necessary democratic procedures and report to the administrative department of labor security at the same level for the record. Labor and social security departments should include employers who implement the minimum wage standard in the key monitoring scope, strengthen follow-up inspection, and earnestly safeguard the basic labor remuneration rights and interests of workers. After the production and operation of the employing unit return to normal, it shall promptly restore or raise the wage standard.
3. During the probation period, probation period, proficiency period or apprenticeship period, the fact that labor relations have been established between employers and employees applies to the minimum wage.
4. Employees' statutory annual leave, family leave, marriage leave, funeral leave, maternity leave, breastfeeding leave, etc. It is the right given to workers by law and should be regarded as providing normal labor, and the minimum wage is applicable.
The characteristics of the minimum wage standard are as follows:
1, the minimum wage standard includes the basic needs of workers and the needs of workers to support their family members;
2. The minimum wage rate determines the minimum wage;
3. The minimum wage determines the minimum wage requirements of employees. It stipulates that when the employer pays the employees, it cannot be lower than the wage standard determined by the minimum wage rate, otherwise the agreement will be invalid and will be implemented according to the minimum wage standard.
Minimum wage application process:
1. Confirm the minimum wage standard: First, understand and confirm the minimum wage standard in this region. The minimum wage standard is usually formulated by the local government or the labor department and classified by industry, region and post.
2. Prepare application materials: prepare relevant materials for applying for the minimum wage according to the requirements of the region. This may include application forms, employment contracts, payroll, labor contracts, company information, etc. Ensure that the materials provided are complete, accurate and meet the requirements.
3. Fill in the application form: Fill in the minimum wage application form according to the requirements provided by the local labor department or government agencies. Forms usually include personal information, employer information, work, salary, etc. Be sure to fill in the form accurately and provide the required information and evidence truthfully.
4. Submit application: submit the completed minimum wage application form and related materials to the local labor department or relevant government agencies. Please be sure to submit it as required, and observe the specified time and method.
5. Review and processing: After submitting the application, the labor department or relevant institutions will review and process your application. They may ask for further proof or conduct investigation to ensure that your application complies with relevant laws and policies.
6. Notification of results: Once the minimum wage application is approved or processed, the labor department or relevant institutions will send you a notice. Usually, they will inform you of the application results in writing or by email.
To sum up, the application process of minimum wage may be different in different countries, regions and specific labor departments. Before applying for the minimum wage, you can know the relevant laws and policies in detail and consult the local labor department, government agencies or labor legal consultants to ensure that the application is made in the correct process.
Legal basis:
Article 5 of the Minimum Wage Ordinance
The minimum wage generally takes the form of monthly minimum wage and hourly minimum wage. The monthly minimum wage applies to full-time employees and the hourly minimum wage applies to part-time employees.
Article 6
To determine and adjust the monthly minimum wage, we should refer to the minimum living expenses of local workers and their dependent relatives, the consumer price index of urban residents, the social insurance premiums and housing accumulation funds paid by individual workers, the average wage of workers, the level of economic development, employment status and other factors.
To determine and adjust the hourly minimum wage, we should consider the basic old-age insurance premium and basic medical insurance premium paid by the unit on the basis of the promulgated monthly minimum wage standard, and at the same time give due consideration to the differences between part-time employees and full-time employees in terms of job stability, working conditions, labor intensity and welfare benefits.