Labor Wages Must Not Be Lower Than The Standard Of Collective Contracts.

In February 1, 2013, a company and a trade union in Beijing signed a collective contract after consultation, stipulate that the monthly wages of workers should be no less than 2400 yuan.

In February 8, 2013, the company submitted the collective contract text to the labor administrative department, and the labor administrative department did not raise any objection.

In January 2014, in order to expand the scale, the company quickly recruit a group of salesmen and sign a labor contract. The labor contract stipulated that the monthly salary of the salesperson was 2200 yuan.

In June 2014, sales staff Li learned that the minimum monthly wage stipulated in the collective contract was 2400 yuan, which was higher than the monthly salary of the company.

In September 2014, Li complained to the Haidian District Labor Arbitration Commission and asked the unit to pay a wage difference of 200 yuan per month.

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"Article fifty-fourth stipulates that a collective contract should be submitted to the labor administrative department after it has been signed. The labor administrative department has not objected to it within fifteen days from the date of receiving the text of the collective contract, and the collective contract will become effective.

The fifty-fifth provision of the law stipulates that the standard of labor remuneration and working conditions in labor contracts concluded by employers and workers must not be lower than those stipulated in collective contracts.

In this case, a company's collective contract has entered into force.

Since the minimum monthly wage for a collective contract is 2400 yuan, the monthly salary of Li should not be less than 2400 yuan.

Obviously, the stipulation of the wage contract between the two parties in the labor contract is unlawful, so the claim that Lee asked the unit to pay the monthly wage difference of 200 yuan has been obtained.

Support.

A collective contract is made by the trade union on behalf of the employees of the enterprise and with the employer through equal consultation on labor remuneration, working hours, rest and vacations, labor safety and health.

Contracts entered into such matters.

The pre procedure of the collective contract's entry into force is to be submitted to the labor administrative department.

According to the law, the collective contract that comes into force is not only binding on the enterprise but also binding on the laborers, whether the workers come to the unit before signing the collective labor contract or after the unit.

Industrial and regional collective contracts are binding on employers and workers in the local industry and the region.

After the collective contract comes into effect, neither party may change it in writing or in practice, otherwise it will be liable for breach of contract.