| Salary is not only the consideration of manual labor and the manifestation of the value of labor, but also the fundamental and requisite by which they live. People tend to pay more attention to basic salary, bonuses and allowances than the wage under special circumstances which is often overlooked. Legal provisions of the basic wage is relatively specific, while the special salary protection system is extremely imperfect, resulting in an increasing number of labor disputes in real life, thereby affecting the development of the harmonious labor relations, and even does not conducive to the development of the economy and social harmony and stability. According to the loophole from the practices and the legal issues, combined with the deficiency of academic research in the field of special salary, author has discussed those problems from the following aspects.This paper has clearly clarified that the special salary is an important and indispensable part of salary. Total wages contains the hourly wage, piece wage, bonuses, allowances or subsidies and special wage five parts, among which hourly wages or piecework wages is called basic wage. Special wages refer to the wages which, in exceptional circumstances or under the employment contact, should be issued to workers by employers, including two categories:the first is, for some reason that can not be attributable to the worker himself thus causing the worker can not provide labor to the employer, or due to the worker their own reasons, they can not pay work, the employers still, according to law, need to pay wages which include the payments during illegal dismissal period, wages and salaries during the shutdown and wages during leave; the second category of special wages is the wages of special working times. That is to say, employers shall pay wages to workers who work in special times or instead of the usual working condition. It is including wages during standby duty pay, on duty wages, wages of working over time, wages during night work and wages of paid leave. Special wages can improve the quality of life of workers, protect workers' right to subsistence and the reproduction of labor, improve labor efficiency and protect the special rights of female workers to ease labor conflicts and promote social harmony. Meanwhile, it can help to attract more talents and prevent brain drain, thus establishing a credibility friendly employer image for employers.This paper has studied the Marxist related to the special wage, which can demonstrate the necessity and importance of the existence of special wage. Marx believed that the essence of wage is the monetary manifestation of the value of currency. Wage is a product of the capitalist relations of production; it is subject to the reproduction of labor expended socially necessary labor time, influenced by the labor market of supply and demand. It is highly recommend that we should improve the special wage system, to embody the superiority of the socialist system of national wage, to authentically protect workers' rights and interests, reflecting the ownership status of the working class. Special wage of workers are a special form of the value of labor, together with basic wage, formed the fundamental guarantee of reproduction of labor power. The value of labor is mainly used to maintain themselves and family production and reproduction, laborers wage is a fundamental guarantee for labor reproduction to be carried out. Marx pointed out in the philosophical that reproduction of labor is a fundamental prerequisite for the development of human society. Production of material subsistence and material production is to meet human survival and development needs conducted by the spirit and consciousness of man as man. Special wage system, on the one hand, can promote the material means of subsistence production more efficient, but also can promote awareness of workers and the spirit of the production. Special wage system itself is to implement the expression of the Marxist ideology of justice. It protects the labor rights of workers, the right to health, right to survival and development.This paper gives a very explicit illustration that ensuring the special wage of workers will make labor relations more harmonious. There are two important factors to improve the productivity of the employers, the first is innovation in production technology, and the second is to improve workers' enthusiasm for production and labor efficiency. The special wage guarantees a rest time for labors to give them temporarily leaving work to adjust or improve their physical and mental skills in the labor time, it can make a best state to work when the workers return to work again and reduce incidence of work-related injuries and sick leave, improving the enthusiasm and efficiency while being able to produce and operate better for employer. At the same time, for employers, the enhanced productivity means higher profits and better development, so as to achieve win-win results of labor, and make labor relations more harmonious and conducive to social stability and economic development.By studying the defects of the current legal protection of special wage concept, this paper presents a special wage Legal Protection System concept. It means we should establish a "people-oriented" concept of the legislation, and implement the principle of tilting protection to labors to really protect the interests of special wage of labors in lawmaking. Actually, special wage is a guarantee to worker in some exceptional circumstances where they cannot work, but still can get reward to maintain life, it ensures the amount of labor force, protects the rights of workers as a man should enjoy. The legal protection tilting toward workers seemed to create inequality between employees and employers, but in fact this idea is aimed at correcting the formal equality and substantive inequality precisely. When workers and employers sign labor contracts, it is equal in legal status both side, however in essence it is inequality, for workers are in natural disadvantaged position in labor relations, if the law is not inclined to give more protective, labors' legal rights will easily infringed upon.To construct a system of special legal wage security, we should take the harmony and win-win strategies of Socialist labor relation as ideas. The "harmonious labor relations" was put forward at the Sixth Plenary Session of the Sixteenth CPC Central Committee, which is a combination of classical theory of labor relations in Marxist with the practice of China's socialist economic construction. It is consistent with the dream of China's socialist construction, also in line with the dreams of industrial relations harmony and win-win tactics. On the base of admitting the conflicts between labor and management, both sides see the space of consistency and win-win cooperation in two sides' interests. Socialist harmonious labor relations has required to adjust the labor relations towards harmony in the system, and to safeguard the worker's rights and interests through the legal system, and to promote the harmonious development of labor relations. All above these require the harmonious socialist society not only manages state affairs according to law, but also runs state affairs according to law. The change from "rule of man" to "rule of law" is the core purpose of socialist rule of law, so is the inherent requirements of the socialist harmonious society. We should take the labor and capital as a legal subject regulating their behavior in legislation, and perfecting various rules and regulations, to ensure the realization of the purpose of legislation. Meanwhile, according to the guidance and adjust to market, exploiting the natural attraction of market interest, to make employees and employers choose win-win model spontaneously, thus actualizing the orderly progress of socialist market economy and making socialist labor relation under the condition of all-win harmony. Therefore, building a special legal wage protection system is to maintain socialist harmonious labor relations. We should fully meet the individual needs of labors while making enterprise "cake" bigger, so that both parties benefit.Based on the above concept, combining with the current deficits of protecting of the special wages, this paper presents a number of recommendations about how to guarantee the special wage under legal system. First, to improve the level of effectiveness of special legal wage system, improve the authority and binding of legal protection of special wages. It demands that the legislate should check out all laws related to wages, which are reviewed from the system, content, analysis and sorting, to repeal the low level of regulations and policy documents. What's more, the Wage Law should be drafted by the NPC Standing Committee, and all wages issues should be unified into one law with detailed classification. It also requires confirming the importance of labors'wage right in form of law, making local government clear their responsibilities. We should ensure labors from all trades and professions have a standard wage payment and the relief channel when wage rights are infringed along with the consequence which employers must take in Wage Law. To clarify the definition and component of wage in Wage Law, and to take protect of the special wage as an important part of the Wage Law, take special wage is an essential part of the salary. Making detailed provisions of the definition and expression of special pay and specific regulation of payment standard practice.Because of limitation of structure space of Wages Act, special provisions for wages is not enough and detailed, and special wage involved labors can not pay labor under several cases and different working hours in a regulatory issue, thus building a Low of Labor Payment Barrier and Working Hours Act is very necessary. It must be specified the illegal wages during dismissal, the payment during the shutdown and wage during leave in Low of Labor Payment Barrier. And in the Working Hours Act, the wages of standby period wage during the overtime period on duty, wages during night work, payment during the night working and leave period should be normalized. Specific rules should be issued in accordance with aspects of the subject, the applicable conditions, payroll accounting standards, and other special circumstances. National legislation should also consider the design of a special wage payment security relief system for wage equity, in order to better protect workers' rights and prevent Wages event. It also makes the remedy for special wage tort applied in specific and detail. |
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