Recently, the Hebei Provincial Department of Human Resources and Social Security issued a notice Starting from January 1, 2023, the province’s current monthly minimum wage standards and part-time hourly minimum wage standards will be adjusted. After the adjustment, the three new monthly minimum wage standards are 2,200 yuan, 2,000 yuan, and 1,800 yuan respectively; the hourly minimum wage standards corresponding to
are respectively 22 yuan per hour for the first grade, 20 yuan per hour for the second grade, and 118 yuan per hour for the third grade.
The notice proposes that htmlthe January minimum wage standard applies to full-time employed workers, and the wages payable shall not be lower than the local minimum wage standard. The following items are not part of the minimum wage standard: overtime pay for extended working hours; allowances for special working environments such as mid-shift, night shift, high temperature, low temperature, high altitude, underground, toxic and hazardous conditions; welfare benefits for workers stipulated by laws, regulations and the state, etc. htmlThe one-hour minimum wage standard applies to part-time employed workers.
As of now, there are 14 provinces and cities with first-tier monthly minimum wages exceeding 2,000 yuan, including Beijing, Tianjin, Shanghai, Jiangsu, Zhejiang, Fujian, Shandong, Henan, Hubei, Guangdong, Shenzhen, Chongqing, Sichuan, and Hebei.
html The provinces and cities with the highest minimum wages in January are: Shanghai has the highest minimum wage in the country at 2,590 yuan, Shenzhen ranks second at 2,360 yuan, and Beijing ranks third at 2,320 yuan. Judging from the hourly minimum wage standard, Beijing’s hourly minimum wage standard is 25.3 yuan, which is currently the highest in the country.
01Is the minimum wage equal to the basic wage?
Minimum wage refers to the minimum labor remuneration paid to workers by their employer in accordance with the law when they have fulfilled their normal obligations within the legal time. Each region may set different minimum wage standards based on specific local conditions.
The minimum wage covers the actual labor wages of workers, as well as some bonuses, subsidies and other income. Among them, wages include hourly wages, piece-rate wages, job skill wages and other types; bonuses generally include production awards, saving awards, labor competition awards, etc.; subsidies generally include but are not limited to: various price subsidies and transportation subsidies for employees to and from get off work, and cleaning and hygiene fees.
The minimum wage standard is an official mandatory requirement, while corporate salary guideline and corporate basic salary are not mandatory requirements.
The enterprise salary guideline is set by the government. The government gives enterprises guidance suggestions on annual salary growth levels and is not mandatory. Its main purpose is to guide the healthy development of enterprises, achieve positive growth in employee wages on the basis of improving their own economic benefits, and provide a certain reference basis for enterprises' reasonable wage growth levels.
Enterprise basic salary is set by the enterprise to ensure the basic living needs of employees, also known as standard salary.
The minimum wage is not equal to the basic salary. The basic salary is set by the enterprise according to its own situation, and can be higher or lower than the minimum wage standard. If an enterprise needs to set a basic salary, it needs to ensure that the monetary form salary received by employees is not lower than the minimum wage standard.
02 What does the adjustment of the minimum wage standard mean?
"My salary is higher than the minimum standard. Does the increase in the minimum wage have something to do with me?"
Of course it does! The increase in the minimum wage standard concerns enterprises, workers, and each of us.
1. Salary increase for employees during the probation period
According to Article 20 of the "Labor Law of the People's Republic of China", the salary of an employee during the probation period shall not be lower than the minimum wage for the same position in the unit or 80% of the salary agreed in the labor contract , and shall not be lower than the minimum wage standard in the location of the employer.
For example, after the Shanghai minimum wage standard is adjusted, the probation period salary of Shanghai employers shall not be less than 2,590 yuan/month.
2. Increase in overtime pay and social security payment base
For some workers who use the minimum wage standard as the salary agreed in the labor contract, after the minimum wage standard increases, the wages agreed in the labor contract will also rise. As the minimum wage increases, the minimum calculation base for overtime wages and the minimum calculation base for social insurance premiums must also increase accordingly.
3. Increase in relief and compensation
According to Article 27 of the " Labor Contract Law Implementation Regulations ": The monthly salary of economic compensation stipulated in Article 47 of the Labor Contract Law is calculated according to the salary due to the employee. If the employee's average salary in the 12 months before the labor contract is terminated or terminated is lower than the local minimum wage standard, it shall be calculated in accordance with the local minimum wage standard. If an employee has worked for less than 12 months, the average salary will be calculated based on the actual number of months worked.
4. The lower limit of the housing provident fund payment base is increased
Taking Guangzhou as an example, according to the "Guangzhou City Housing Provident Fund Payment Management Measures", the housing provident fund payment base is not lower than the city's minimum wage standard. After the Guangzhou City minimum wage standard is adjusted, the lower limit of the housing provident fund payment base is increased.
5. Increase in Unemployment Insurance Benefits & Unemployment Benefits
Still taking Guangzhou City as an example, according to the "Notice on Adjusting Unemployment Insurance Benefit Standards" (Guangdong Society Regulations [2018] No. 2), unemployment insurance benefits are 90% of the minimum wage. After the adjustment of Guangzhou's minimum wage standard, unemployment insurance benefits are adjusted to 2,070 yuan/month, an increase of 180 yuan/month.
In addition, according to the current two levels of unemployment benefits (50% and 15% of unemployment insurance benefits respectively), after the minimum wage standard in Guangzhou is adjusted, the two levels of unemployment benefits will also be adjusted to 1,035 yuan/month and 310.5 yuan/month respectively, increasing by 90 yuan/month and 27 yuan/month.
6. The labor remuneration received during the suspension of work and production of the unit increases
" Interim Provisions on Wage Payment" Article 12 stipulates: If the suspension of work or production of the unit within a wage payment cycle is not caused by the employee's reasons, the employer shall pay the worker's wages according to the standards stipulated in the labor contract.
For more than one wage payment cycle, if the laborer provides normal labor, the labor remuneration paid to the laborer shall not be lower than the local minimum wage standard; If the laborer does not provide normal labor, living expenses shall be paid to the employee, and shall not be lower than 80% of the minimum wage.
7. Adjustment of Workers’ Wage Deductions
Article 16 of the “Interim Provisions on Wage Payment” stipulates: If an employee causes economic losses to the employer due to his own fault, the employer may require him to compensate for the economic losses in accordance with the labor contract.
Compensation for economic losses can be deducted from the worker's salary. However, the monthly deduction shall not exceed 20% of the employee's monthly salary.
If the remaining salary after deduction is lower than the local monthly minimum wage, will be paid according to the minimum wage.
8. Medical period Salary increases
According to the Ministry of Labor's "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China": Employment During the treatment of an employee's illness or non-work-related injury, the enterprise shall pay his sick leave wages or disease relief fees in accordance with relevant regulations within the prescribed medical period. The sick leave wages or disease relief fees may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard.
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