It is illegal for a company to implement the system of no basic salary. According to Article 56 of "Opinions on Implementing Several Issues" issued by the Ministry of Labor, in the labor contract, the laborer agreed by both parties fails to complete the labor quota or contract tasks; The clause that the employer can pay the workers' wages below the minimum wage standard has no legal effect. Therefore, even if the quota task is not completed, the company has to pay the minimum wage. China's labor law stipulates that the employer shall pay the wages to the workers themselves on a monthly basis, and shall not deduct or delay the wages of the workers without reason. If the basic wage is lower than the local minimum wage, and if the employee refuses to pay the wages, he will be ordered to pay compensation. If the employer does not pay the basic salary, it can complain to the local labor picket brigade, so it is illegal for the employer not to pay the basic salary, and employees must safeguard their legitimate rights and interests.
Legal basis:
People's Republic of China (PRC) labor contract law
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation, honesty and credibility. The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Article 4 The employing unit shall establish and improve labor rules and regulations according to law, so as to ensure that laborers enjoy labor rights and perform labor obligations. When an employing unit formulates, modifies or decides the rules and regulations or major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance and welfare, employee training, labor discipline and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with trade unions or employee representatives on an equal footing. In the process of implementing rules and regulations and major issues, trade unions or employees have the right to propose to the employer and revise and improve them through consultation. The employing unit shall publicize or inform the rules and regulations and major issues directly related to the vital interests of workers.
Derivative problem:
How to solve the problem that the unit does not pay wages? (1) First, you can go to the labor bureau to sue. If the unit defaults or underpays wages for improper reasons, you can safeguard your rights and interests in this way. The general labor bureau will give a reasonable penalty notice within 5 days. (2) Labor arbitration, which is aimed at some employers intimidating employees on the grounds of dismissal, or even directly refusing to pay wages. You can go to the labor bureau for arbitration to safeguard your own interests. The company will compensate you for the relevant losses, but you must collect relevant evidence. (3) bring a lawsuit to the court. If the employer has threatened your personal safety, it is not just an act of not paying wages. Collect relevant evidence and file a lawsuit in court, and the company will punish you accordingly and compensate you for your losses.