Research On Labor Law Restriction Of Piecework Wage System

Since the reform and opening-up in 1987, the economic level of our country has grown very fast, people’s living standard has also improved, but the level of laborers’ salary grows slowly. Unreasonable salary distribution brings a great impact to the social and the workers. Employers could chose the form of wages and the standard of wage distribution, as the employers often chose the wage distribution system which could achieve the highest returns. With the workers’ workload as the standard but not the working time, the piece-rate salary system is favored by employers. As a highly incentive wage system, piece-rate salary system can mobilize the enthusiasm of workers under certain conditions, reconcile the conflict of interests between employers and employees and save costs of monitoring effort. But these discussions are based on the business point of view, not on the employees’ position. The piece-rate salary system is easily distorted and used to make the workers work overtime without overtime pay determine or arrange overtime work frequently, which infringes the employees’ right to rest and the right to get guerdon, that exacerbates the conflict between employers and employees and influences social’s harmony and stability.This paper tries to start form the theoretical basis of piece-rate salary system,through the analysis of the development and evolution of the system to protect the rights of workers, combining with the problems of our current piece-rate salary system, and tries to put forward feasible suggestions. Firstly, the paper analyzes the basis in human nature of the piece-rate salary system under labor law, through the discussion of the human nature of the workers we know the importance of the self-worth and dignity of workers who get the salary by piece-rate salary system, and through the analysis of the development of piecework system we know that the protection for workers’ rights under the piecework system is the trend of the times. At the same time this paper compares the piece-rate salary system with other confusing systems from the perspective of labor law to point out that part of the reason why the system is easily distorted. Again, I analyze some current problems in carrying out the piece-rate salary system, such as the confliction of the rule of overtime pay, the unreasonable determination of labor quota and piece-rate, infringement of the employees’ right to rest, the scope of application blindly extended, etc. Finally, the paper put forward some suggestions of the problems both in legislation and practice,on the one hand, it should be clear in labor law that how to calculate the payment of overtime work and which solutions could be defined as overtime work; on the other hand, we should improve the collective salary negotiations system in updating and formulate piece rate and labor quota standard, and limit the circumstances of overtime work.