Enterprise compensation management system! Important Tips for Legal Risk Prevention and Control

01.Wage Structure

Labor compensation includes basic salary, performance, bonuses, benefits, allowances, subsidies, and overtime pay. In practice, the salary standard of employees is an important element in the review of labor cases, and economic compensation, indemnity, and overtime pay are all calculated on this basis, so the company should not ignore the design of the salary structure of employees.

The common ways of agreeing on wages in labor contracts are

1. directly agreeing on an exact amount of wages;

2. agreeing on basic wages only

3. agreeing on the wage structure, basic wages, and setting out the conditions for the issuance of performance, overtime, bonuses, subsidies, welfare payments and other items, the method of calculation, etc.

Chen, who has been in the labor market for over a decade, is a member of the National Committee of the Chinese People's Political Consultative Conference (CPPCC).

Chen Yanzhi's team of lawyers suggests that the company should adopt the third way, but note that the basic salary is not lower than the minimum wage standard (Shenzhen's minimum standard for 2022 is 2,360 yuan per month). If the company has the need to further understand the program, you can contact us.

02. Wage payment period

In the case of Shenzhen, it is best not to pay this month's wages after the 7th of the following month, and if there is a real need for delayed payment it should be agreed by the employee or the labor union, and the payment cycle for overtime should not be more than one month.

Take a case as an example:

The company stipulated that "overtime pay needs to be confirmed by the employee's signature to pay"; after a dispute with an employee, to the employee "did not sign the confirmation" on the grounds of failure to pay overtime in a timely manner, and more than a month in arrears. And the time in arrears exceeded one month. In the end, the court found that the wages were in arrears. As you can see, failure to pay wages in a timely manner is a red line in the law, and once a company crosses the line, it is very difficult to win a lawsuit. We recommend that companies settle wages by producing a payroll, including the various components of wages in the name of wages, and allow employees to sign to confirm.

But in the event that the employee does not sign the confirmation, the company should notify the employee in writing as soon as possible and retain the appropriate materials, or use the online confirmation; if the employee fails to confirm the personal reasons, the employee should also be notified of the consequences of the delay in the payment of wages due to the failure to confirm the payroll and to obtain the employee's consent, it is important to note that the delay in the payment of the period of time shall not be more than 15 days at the longest.

03. Payment of wages in the event of an epidemic

The epidemic has been recurring, and some companies are in a state of shutdown, with staff not yet back to work, and have asked us about the settlement of wages during leave and shutdown.

Specific answers are as follows:

1. Employees on personal leave during the wages, the company can not pay; employees on sick leave, according to the provisions of the Shenzhen Municipality, the company can be paid 60% of the wages, but shall not be less than 80% of the minimum wage standard.

2. Wages during work stoppage, to be divided into cases:

A, due to the employee's own fault caused by the stoppage of work, the employer can not pay the wages during the stoppage of the employee, but was recognized as a work-related injury, except.

B, not due to the employee's fault of the company shutdown shutdown, the company has to first pay a month (payment cycle) of wages; shutdown for more than a month, you can pay the cost of living in accordance with the minimum wage of 80%.

Many cases show that the company in the payroll management is also often due to the rules and regulations "lose". The reason for this is that the company's employment management is only based on the terms of the "labor contract" is difficult to cover, and often need to be combined with the company's rules and regulations and implementation. Therefore, the need to pay wages, employee penalties, deductions, salary promotions and transfers, etc. to the rules and regulations, and to do the rules and regulations through the publicity process or training signing. In this way, the rules and regulations can serve as the basis for effective labor management.