Shanghai's Minimum Wage Of 2300 Yuan Is "Naked Wages".

The Shanghai people's insurance department reminds us that the monthly minimum wage standard does not include the social insurance premiums and housing provident funds paid by individual workers according to law, which should be paid separately by the employer.

Overtime allowances for workers to extend their working hours, night shift allowance, summer high temperature allowance and toxic and harmful jobs, such as post allowance, food allowance, commuting subsidy and housing allowance, are not part of the monthly minimum wage standard, and are paid separately by the employer.

The monthly minimum wage is applicable to full-time workers, who provide normal labor during the statutory working hours or the working hours stipulated by the labor contract signed in accordance with the law. The monthly salary paid by the employer should not be lower than the minimum monthly wage standard.

It is worth noting that the minimum wage standard in this city refers to the net income of workers, which is a real "naked wage".

The social insurance premiums and housing provident funds paid by the employers should not be included in the total wages, nor will they be an integral part of the minimum wage.

In addition, it is necessary to deduct other items such as social insurance premiums and housing provident fund paid by individuals.

In some places, the minimum wage does not need to deduct the social insurance premiums and housing provident funds paid by individual workers according to law.

In some places, the minimum wage does not need to deduct social insurance premiums and housing provident funds, but it needs to deduct the provident fund paid by individuals.

At present, only a few places such as Shanghai stipulate that the monthly minimum wage standard does not include the social insurance premium and housing accumulation fund that individuals should pay in accordance with the law. The two fees are separately paid by the employing unit according to the regulations.

The personal payment base of the employee was determined according to his average monthly wage income.

The upper limit and the lower limit of the personal payment base shall be determined according to the 300% and 60% of the monthly average wages of the city's workers announced in the previous year. The figures shall be calculated according to the monthly average wage of the workers in the city, and then advance to the corner at four and five respectively.

The individual who pays the first time to participate in work and change work unit shall determine the monthly payment base according to the monthly salary income of the first month of the new unit.

The number of employees' social insurance payment base in 2017 has been adjusted since April 1st. The upper and lower limits of social security payment base have been adjusted to 19512 yuan and 3902 yuan respectively.

According to the personal social insurance premium rate calculated by 10.5%, the personal minimum social security payment amount is about 410 yuan (in the final announcement by the social security department).

Since July 1, 2016, the lower limit of the monthly payment amount of housing provident fund in accordance with the proportion of 7% of the employees themselves is 141 yuan.

From April 1st this year, the wages of workers in the city shall not be less than 2300 yuan per month, excluding the social insurance premiums paid by individuals 410 yuan and the provident fund 141 yuan, and the two fees shall be separately paid by the employing units according to regulations.

In addition, the unit's social insurance premium rate is calculated by 31.5%, and the minimum social security payment amount is about 1229 yuan (the final announcement by the social security department).

In addition, the minimum provident fund is 141 yuan.

Shanghai also stipulates that the payment of sick leave or sickness relief for employees during sick leave is not less than 80% of the monthly minimum wage of the employees of this Municipality.

The minimum standard of sick leave or sickness relief for employees of an enterprise does not include old-age, medical, unemployment insurance and housing accumulation funds that should be paid by individual workers.

Overtime pay for workers to extend their working hours is not the lowest in the month.

The components shall be separately paid by the employer.

According to the "Shanghai enterprise wage payment method", according to actual needs, the enterprise arranges the workers to work outside the statutory standard working hours. They should pay overtime wages according to the following standards: (1) arrange the workers to extend their working hours beyond the statutory standard working hours, pay according to 150% of the hourly wage of the workers themselves; (two) arrange the workers to work on rest days, but can not arrange the rest, and pay according to 200% of the daily or hourly wage of the workers; (three) arrange the workers to work on the statutory holidays, according to 300% of the daily or hourly wage of the workers.

[case] Xiao Wang originally had a basic salary of 2190 yuan per month and 1000 yuan.

In addition, her personal social insurance premiums are paid separately by the company.

A few days ago, Xiao Wang heard that from April 1st this year, Shanghai's monthly minimum wage was raised to 2300 yuan, and the monthly income could be increased by 110 yuan.

But she was not happy for a few days. The boss announced that the basic salary was up to 2300 yuan, but the social insurance premiums she paid later should be deducted from overtime pay.

In this way, is wages equal to no rise? Wang is a bit puzzled. The government has clearly raised the minimum wage standard. How can those of us who get the minimum wage stay still?

Xiao Wang's approach is questionable.

It is not to say that the social insurance premium and the personal payment of the provident fund can not be deducted from overtime pay, but the deduction of social insurance premium and the personal payment part of the provident fund and overtime pay. Xiao Wang's wages still have to reach 2300 yuan, which is in line with the minimum wage standard.

According to the opinions issued by the former Ministry of labor on the issues concerning the implementation of the "labor law of the People's Republic of China", the minimum wage does not include "food subsidies paid by housing in the form of currency and by employers".

Shanghai clearly stipulates that the minimum wage does not include meals subsidies, meals and pportation subsidies, housing subsidies.

That is, compared with the provisions of the former Ministry of labor, the municipality's subsidy for commuting and commuting traffic expenses is also excluded from the minimum wage.

However, other subsidies, such as communication subsidy and service age allowance, can be included in the minimum wage.

It should be noted that the minimum wage rule does not exclude the monthly bonus, so the bonus can be included in the minimum wage.

However, no matter how the proportion of wage bonus is stipulated, the actual monthly salary of workers can not be lower than the minimum wage standard.

Since the employer should pay at least once a month, and the monthly salary must not be lower than the minimum wage standard, the year-end bonus issued at the end of the year can no longer be "apportioned" in the minimum monthly wage.

The post allowance, such as night shift allowance, summer high temperature allowance and toxic and harmful environment, is not a part of the monthly minimum wage standard. It will be paid separately by the employer.

Shanghai stipulates that every year the enterprise arranges the workers' open-air work from June to September and fails to take effective measures to reduce the temperature of the workplace to below 33 degrees Celsius (excluding 33 degrees Celsius). The summer high temperature allowance should be paid to the laborers, with a standard of 200 yuan per month.

Shanghai also stipulates that the workers who work in the middle class work until 22 o'clock.

It's 2.20 yuan.

After the night shift to 24 o'clock, the staff and workers allowance is 3.40 yuan.

The allowance for working 12 hours a night is 4.40 yuan, and the breakfast allowance for the morning workers who work before 5 o'clock is 0.80 yuan.

Regular night shift workers' duty on night duty can be issued to 2.20 yuan after duty until 22 p.m., and 3.40 yuan will be paid if they do not sleep all night.

In addition to the above four items of elimination of the minimum wage suggested by the Department of human resources in Shanghai above, tips, living allowance, funeral allowance, pensions, staff relocation expenses, single child fees, family visit leave travel expenses, unauthorized staff canteen unified supply lunch expenses, and even dividends, equity and so on, should be included in the minimum wage? Not necessarily!

The fifth provision of the minimum wage for workers and staff members of enterprises in Shanghai stipulates: "the minimum wage is composed of the following items that should be included in the total wage income stipulated by the state statistical department. The following items are constituted: (1) the wages paid for extending the statutory working hours; (two) allowances for special working conditions such as shift, night shift, high temperature, low temperature, underground, toxic and harmful conditions; and (three) other income that the municipal labor and social security bureau does not include in the minimum wage.

The labor insurance and welfare benefits prescribed by laws, regulations and regulations shall not be included in the minimum wage. "

That is to say, the above four minimum wage elimination items mentioned above by the Shanghai people's Insurance Department are limited to the scope of the total wage.

Some projects are not included in the total amount of wages, of course, can not even be part of the minimum wage.

Wages refer to labor remuneration paid by laborers in the form of currency in accordance with the provisions of the state and the municipality, including time wages, piecework wages, bonuses, allowances, allowances, overtime wages, etc.

Generally speaking, tipping is an additional expenditure directly paid by the customer to the waiter, which is more closely related to personal gifts, not included in the total amount of wages, and of course not included in the minimum wage component.

It refers to the welfare treatment expenses provided by the enterprise for employees except for the wages, bonuses, allowances, wages and salaries, wages and salaries of employees, education funds for employees, social insurance premiums and supplementary endowment insurance premiums (Nian Jin), supplementary medical insurance premiums and housing provident fund.

Life hardship allowance, funeral allowance, pensions, staff relocation fee, single child fee, visiting family holiday travel expenses, unaccompanied staff canteen unified supply lunch expenses, and so on, do not exceed 14% of the total wages and salaries. They can be used as employee welfare expenses, not included in the total wages, and of course not as part of the minimum wage.

However, according to the Ministry of finance's notice on strengthening financial management of employees' welfare benefits (Finance and enterprise [2009]242), the welfare expenses of employees include "unauthorized supply of lunch for employees' canteens", while the "unsubsidized lunch allowance for monthly meals should be included in the management of total wages".

Simply speaking, the cash paid monthly in the form of "meal stickers" is included in the total amount of wages, but it is not included in the minimum wage; the certificate of monthly payment issued in the form of "meal voucher" or the cash paid in fixed form in the form of "meal fee" is not included in the total amount of wages, nor is it included in the minimum wage.

As for equity, dividends and so on, it has nothing to do with the minimum wage.

[case] Zhang Jianyuan worked in Qingdao International Golf Club Limited and asked the golf company to pay a minimum wage difference of 13109 yuan.

The company believes that Zhang Jian gets tips from clients at work and pays more than the minimum wage standard, so he has no right to claim wage differentials. But the company did not provide evidence to prove that the amount of tip obtained by Zhang Jian and the amount of the tip should be counted as wages. Zhang Jian refused to recognize this, so the court did not accept the defendant's statement.

Qingdao Laoshan District People's court civil judgment (2014) Lao man three early word 450th judgment reissued wage difference 13109 yuan.

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