0 1. salary structure

Labor remuneration includes basic salary, performance, bonus, welfare, allowance, subsidy and overtime pay. In practice, the salary standard of employees is an important examination factor of labor cases, and economic compensation, compensation and overtime pay are based on it. Therefore, the company should not ignore the design of employee compensation structure.

Several common ways of agreeing wages in labor contracts are as follows

1. directly agree on an exact amount as salary;

2. Only agree to the basic salary

3 agreed salary structure, basic salary, and specify the performance, overtime, bonuses, subsidies, welfare funds and other items of payment conditions, calculation methods.

Mr. Chen's team suggested that the company adopt the third method, but pay attention to the fact that the basic salary is not lower than the minimum wage (the minimum wage in Shenzhen in 2022 is 2360 yuan/month). If the company needs to know more plans, you can contact us.

02. Time limit for salary payment

As far as Shenzhen is concerned, it is best not to pay this month's salary after the 7th of the following month. If it is really necessary to postpone the payment, it shall be agreed by the employees or trade unions, and the payment period of overtime wages shall not exceed 1 month.

Take a case as an example:

The company stipulates that "overtime wages need to be paid after employees sign"; Later, he had a dispute with an employee, and he failed to pay overtime pay in time on the grounds that the employee "did not sign for confirmation", and he was in arrears for more than one month. It was finally recognized by the court as arrears of wages. It can be seen that not paying wages in time is the red line of law. Once the company crosses the line, it is difficult to win the lawsuit. We suggest that the company make a payroll when settling the salary, and include all the components of the salary in the payroll for employees to sign for confirmation.

However, if the employee fails to sign for confirmation, the company shall notify the employee in writing as soon as possible and keep the corresponding materials, or adopt the online confirmation method; If the employee fails to confirm in time due to personal reasons, the employee shall also be informed of the consequences of delayed payment of wages due to his failure to confirm the salary table and obtain his consent. It should be noted that the longest delay in payment cannot exceed 15 days.

03. Wage payment under epidemic situation

The epidemic has been repeated, some enterprises are in a state of suspension of production, and personnel have not completely returned to work. They asked us about the salary settlement during vacation and suspension.

The specific answer is as follows:

1. The company may not pay the wages of employees during the personal leave; During the sick leave, according to the regulations of Shenzhen, the company can pay 60% of the salary, but not less than 80% of the minimum wage.

2. The wages during the shutdown period are divided into the following situations:

A. If the work stoppage is caused by the fault of the workers themselves, the employer may not pay the wages of the workers during the work stoppage, except for those identified as work-related injuries.

B. If the company stops production or business due to no fault of employees, the company must pay one month's salary first (payment cycle); If the production is stopped for more than one month, the living expenses can be paid at 80% of the minimum wage.

Many cases show that companies often suffer losses because of the rules and regulations in salary management. The reason is that the company's employment management is difficult to cover only according to the provisions of the labor contract, and often needs to be implemented in combination with the company's rules and regulations. Therefore, it is necessary to write the provisions on salary payment, employee punishment and deduction, salary promotion and post adjustment into the rules and regulations, and make the rules and regulations read through through publicity procedures or training. In this way, rules and regulations can be used as the basis of effective employment management.