Legal analysis
Labor remuneration is the remuneration provided by the laborer, which is one of the main contents of the labor contract and the main contractual rights of the laborer. When signing a labor contract, both parties agreed that labor remuneration must be clear and specific, including the legal consequences of workers' remuneration and other related contents. In fact, when some employers conclude labor contracts, they deal with labor remuneration information vaguely or verbally, which often leads to labor disputes. Wages should be clearly defined in the labor contract, but not necessarily expressed as a specific amount, but also as a clear calculation method, such as piece-rate quota and piece-rate unit price written when paying piece-rate wages. The commission salary should specify the commission base and proportion and other specific matters. When the standard agreement on labor remuneration and working conditions in a labor contract is not clear, the following procedures can be followed. First, the two sides renegotiate the wage standard and apply the standard stipulated in the collective contract. If the first two steps can't solve the problem, the employer should adopt the method of equal pay for equal work for workers. Article 17 A labor contract shall contain the following clauses: (1) the name, domicile and legal representative or principal responsible person of the employing unit; (2) The name and address of the laborer and the number of the resident identity card or other valid identity documents; (3) The term of the labor contract; (4) Work content and work place; (five) working hours and rest and vacation; (6) Labor remuneration; (7) Social insurance; (eight) labor protection, working conditions and occupational hazard protection; (nine) other matters that should be included in the labor contract as stipulated by laws and regulations. In addition to the necessary provisions stipulated in the preceding paragraph, the employer and the employee may agree on probation, training, confidentiality, supplementary insurance and welfare benefits.
legal ground
Article 18 of the Labor Contract Law of People's Republic of China (PRC) * * * The standard agreement on labor remuneration and working conditions in the labor contract is not clear, and in case of dispute, the employer and the employee may negotiate again; If negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or there is no agreed labor remuneration in the collective contract, equal pay for equal work shall be implemented; If there is no collective contract or the collective contract does not stipulate working conditions and other standards, it shall be implemented in accordance with relevant state regulations.