The Research Of The Minimum Wage Law Guarantee System

The minimum wage system is an important system. It came from the New Zealand and Australia in the19th century.The minimum wage law guarantee system,it is to show that laborer provides the normal work in legal working-time,it’s a system that under the precondition of countries in order to guarantee their legal form which has should obtain,and also can maintain its survival and necessary to feed their families minimum cost. The purpose and the result is in order to safeguard the laborers in getting labor remuneration’s legitimate rights and interests, so as to ensure that employees personal and family member’s basic life. Since the1938year history of the federal minimum wage regulations related, since the theory about the effects of a negative attitude basically, many economists hold against attitude. But even now the world most developed countries and developing countries have been a minimum wage system.In our country, the minimum wage law guarantee system is one of our labor and social security system. The labor department in1993promulgated 《regulations on minimum wages for enterprises》, is our country the first national minimum wage regulations, promulgated in1994by the 《labor law》 in legal form the formal establishment of the minimum wage system in2004, social security and issued a 《minimum wage regulations》.Our country the minimum wage law guarantee system implement nearly20years, in order to promote China’s economic and social development and safeguard the lawful rights and interests of the low-income workers, promote the improvement of the quality of workers and labor reasonable flow and maintain social stability has played an important role. The minimum wage system implemented in our country is also expanding reform and opening up and in the salary management and the need of international standards. Overall, China’s minimum wage law guarantee system since the implementation of that, to some extent, safeguard the legitimate rights and interests of the workers for social harmonious and stable development played an important role. But make the minimum wage law guarantee system of the legislative level is not high, the minimum wage standard connotation not unified, the lack of labor unit and legal persons, in violation of the regulations, administrative and economic punishment and the provisions of the law of all provinces, autonomous regions, municipalities directly under the central government for minimum wage standard, such as low general system itself exists many problems, except the system itself outside, in other aspects such as the constraint mechanism, supervision mechanism, laws and regulations, etc still has certain problem, so the specific implementation is still not optimistic.The first part of this text based on minimum wage standard concept, calculation method, the characteristics of the minimum wage standard and starting salary and wage payment system of the phase comparison analysis of related aspects, and carding the minimum wage law guarantee system in China’s development, and finally puts forward the minimum wage law guarantee system in our country the existence value and meaning. The second part mainly analyzes at present in our country the minimum wage law guarantee system in current situation, specific including minimum wage standard legislation level is low and the calculation method is not scientific, connotation disunity, adjustment time is not clear, form single and standard is low, and the lack of relevant punishment sexual terms and relief measures, and puts forward the existing problems and the reasons of the problems for further analysis. The third part on the foreign especially in Britain and the United States minimum wage standard system development course, the paper concluded that British and American minimum wage standard system ha the legal basis, decision high transparency and minimum wage laws system model to the characteristics of diversification, our country to British and American countries experience to carry on the corresponding reference. The last part in the former three parts on the basis of the minimum legal security system in China is put forward to raise the minimum wage law guarantee system of the legislative level, perfect the minimum wage standard method of calculating of the minimum wage standard, unified the connotation and the definition of the minimum wage standard adjustment time, increasing penalties sexual terms and relief measures, increasing penalties sexual terms and relief measures some improvement suggestion.The innovation of this paper lies so from the lowest wage legal security system itself to talk about how to perfect, the deficiency of our country or the minimum wage law guarantee system on the analysis of the problems existing in the relatively simple, not profound enough, puts forward improvement Suggestions also is not comprehensive enough.