The Legislation On The Minimum Wage

The minimum wage system is the system that intervened by the government in the labor market. Drive profit make market always biased in favor of the interests of the strong, completely free market is full of press and exploitation. Of supply exceeding demand in the labor market, the supply of labor no right to speak and equal consultation rights of vulnerable groups, the government bears the duty-bound, government regulation and imposed the minimum standards for wage low-income people, fair supply of labor relations, reduce poverty, abuse and employment autonomy inhibit labor units free to drive down the wage of workers, the protection of low-income people the most basic keep the body conditions.Because of the importance of the minimum wage system, many scholars in different fields of view of sociology, economics and law have done a lot of this system, these scholars are mostly concentrated in the concept and characteristics of the minimum wage, minimum wage standards development rationality of the impact of the minimum wage on employment and other basic problems. This article select a new perspective to the minimum wage system, the departure from the legal theory of the minimum wage legislation, analysis of the purpose of the minimum wage legislation, the legislative purpose to guide the formulation of the law, to circumvent the law to solve due to Legislative defect caused behavior.This paper analyzes the theoretical basis of the law of the minimum wage legislation, minimum wage legislation first to protect the workers of the right to life and the right to development to ensure that workers with dignity and a decent life,; Second, in the struggle between employers and workers, the majority of our workers are in the low-end industries in the industrial chain, and their lack of high-skilled, high level of education, lack of bargaining power in the labor market competition, whose interests are highly vulnerable to the violation of labor units, follow the spirit of the weak protection, minimum wage legislation to improve the living situation of low-income vulnerable groups; Third, workers tend to sell their labor in order to survive, their wage are disproportionate to the value of labor, minimum wage legislation correct this disproportion; Finally, the minimum wage legislation can good deal with the relationship between fairness and efficiency, to achieve the justice of the distribution.The paper articulated minimum wage legislation for the purpose to protect the legitimate rights and interests of laborers, because workers that are the creators of social wealth; properly handle the minimum wage system and employment relations, good legislation can promote employment and does not cause unemployment to rise; minimum wage legislation ensure that changes in the minimum wage with the development of the national economy, so that workers share the achievement of growth of the national economy. The paper also analyze the determination of the minimum wage standard, proposed factors for a minimum wage should be considered and suggested how to making procedural recommendations, only to develop scientific standards can avoid the negative impact of the minimum wage system. The behavior of a large number of enterprises to avoid the implementation of the minimum wage law in practice, that the main reason is that minimum wage legislation program is unknown, responsibilities are unclear, minimum wage legislation should improve consultation mechanisms, formulate a rigorous consultative process, clear and add type of liability of employment.