| At present, our country is in the economic and social transformation period. With the enhancement of right awareness and the diversification of interest requirement of the subject of labor relations, the contradiction of employes and employers has become increasingly prominent, the labor dispute cases also increased. Among the cases, the wage dispute cases, because of its complexity and multiplicity, have become the constraints during the labor dispute trial work. That is the result of the lack of specialized legislation on wages. However, the current legislations of the relevant provisions are not clear enough either, which causes the divergence on different parties understand. Wages also bear the function of labor rights and interests calculation base. Its connotation and extension, is particularly important for the calculation of overtime wage, double time, economic compensation, etc.This paper focuses on the perspective of interpretation theory, assisted with the necessary legislative thinking and combined with the current relevant laws and regulations of our country and other countries. In order to seek a recognized standard of the wage structure which is as the calculating base of overtime wage, double time and economic compensation, we try to reconstruct the concept of wage and wage structure theory, which is based on the semantic analysis, system analysis, value analysis, comparative analysis and other methods. What we want is to provide a reference for the wage legislative reformation and the judicial trial rules unification.The paper is divided into three parts: introduction, body part and conclusion, and the main body of the paper is briefly introduced below. The first part, the definition of wage and wage structure are reconstructed from the point of view of the theory of interpretation through the review of the definition of wage and wage structure of our country and the relevant legislations of the definition of wage and wage structure of the international labor organization and other countries(regions) on the base of analyzing the relationship between wage and wage structure. Wages are fixed labor remuneration paid by the employer in the form of money, which is made up of three parts: basic wage, working wage and other wage. In addition to the exceptions provided in the current legislation, something like the bonus which payment period is more than one month; the welfare which is in the form of the shopping card; the service fee from the customers and other non fixed, non periodic, non monetary payment items should be eliminated.The second part proposes a recognized standard of the wage structure as the overtime wage calculating base. That is based on the “high premium rate†of overtime compensation, analyzing the concept of overtime wage and the intention of legislation combined with the review of the local judgment rules on the overtime wage calculating base. The part gives the idea that the wage structure as the overtime wage calculating base should include basic wage, working wage and other wage.Then the third part proposes an identification standard for the wage structure regarded as the double time calculating base. This part is on the base of "punishment" of double time, analyzing the concept of double time and the intention of legislation, as well as the review of the local judgment rules on the double time calculating base. It gives the idea that the wage structure, as double time calculating base, should only include the basic wage.The next part gives the identification standard for the wage structure which is regarded as the economic compensation calculating base by analyzing the concept of economic compensation, the intention of the legislation, as well as the review of the current rules on the economic compensation calculating base. And the standard is based on the "Employer help obligation". It thinks the wage structure should be made up of the basic wage and working wage.The labor relation, as one of the most basic and important social relations, is in positive correlation with the harmonious degree of economic society. Constructing harmonious labor relations as a necessary part of building a harmonious society, is closely related with the interest of labors and enterprises. Because of the imperfection of the collective bargaining system and the weakness of the labor union power in our country, I insist we should protect the wage right and interest of labors by the national unified legislation under the present conditions. |
