On Legal System Improvement Of Minimum Wage

Labors’salary is the basement to maintain the daily life for both their family and themselves, it also named as the basic right for labors. In the planned economy period, it is the specific historical environment and social environment, our country has been adopting integrated contracting forward fixed employment system. The salary of laborer is management by the country. Although the salary distribution system is also differentiated according to the level of laborer, length of service, on the whole, can ensure the basic life needs for most of the workers. However, with the development of economy, China stepped into marketing economy period, the salary system reform start its existence,the enterprise has authorized power of recruitment and the right to free distribution of wages. The laborer them self also has the right to choose career. Such independent wage distribution system while ensuring free choice from both sides of labor relations. But with the imbalance on the demand and supplement of China’s labor market, laborer choose and employ persons on the status of extreme inequality, especially for the matter of age, intelligence, physical strength, lack of work experience in the weakness of the laborer. Their legal right also face the infraction because of the limitation of their own capabilities in the labor market competitiveness, laborer and their family also faced problems of basic survival. Therefore, our country began to explore the problem of how to guarantee these low-income workers basic rights and interests since 1993 and issued a series of rules and regulations, such as the Minimum Wage Regulations for Enterprises in 1993, and on this basis to perfect the Minimum Wage for Regulations, thus for low-income workers basic survival provide effective legal protection.However, the two administrative rules still have many problems which seriously affected the basic survival guarantee minimum wage for workers. Problems existing in the current legal system of minimum wages in China mainly caused by the low level of legislation. The problems embodied in the following points:the applicable scope is not clear, the connotation of the minimum wage standard develops institutions and procedures, the adjustment is not reasonable, the government’s poor regulation, the main body of legal liability is not clear, and so on. The result in the minimum wage system of our country become a mere formality, or be squeezing laborer, unit of choose and employ persons may even affect social stability and orderly development of the economy.This paper described the basic theory of the minimum wage law system in China in the first palace, including the definition of the minimum wage, the minimum wage of the connotation and characteristics of the legal system, the difference between the minimum wage system and other related system, the minimum wage right theory, the theory of protection of the legal system and economic theory; Secondly, by analyzing the historical evolution of the minimum wage law system in our country, the "minimum wage regulations" in 2004 and 1993 the minimum wage regulations for enterprises, coupled with the implementation of the minimum wage practice in our country, then found that the minimum wage system in China also has a lot of problems, such as rates are too low, the minimum wage legislation applicable scope is not clear, the system basis, procedures, the follow-up supervision, legal responsibility is not clear; Finally, according to the above problems, think that should be perfect from the following several aspects:(1) Proposes the minimum wage laws, improve legislative status, and the minimum wage system involved in all aspects discussed; (2) Clear the scope of the minimum wage system, especially to low-income workers for the principle, to establish a minimum wage difference;(3) Establishing reasonable minimum wage standard, scientific and reasonable to define the connotation of minimum wage standard, establish a scientific, standardized, dynamic model of the minimum wage adjustment. (4) On the minimum wage system and perfecting the government supervision and management, and regulate the government, unit of choose and employ persons and some do not conform to the conditions of the legal responsibility of the workers. To curb the illegal behavior of the minimum wage, the minimum wage system can play its to ensure the basic survival of low-income workers safeguard function.