Research On The Special Wage Guarantee System For Employees

Special wages refer to the wages that workers should get when they provide work during special working hours,or when they do not provide work.The forms of special wages are summarized as follows: paid leave wages,wages during duty,wages during overtime,wages during standby,wages during shutdown,wages of employees during leave,night work and illegal dismissal.There are three defects in the security system of the special wage system:first,the provisions of the special wage are scattered in laws and regulations,and the effectiveness level is too low;second,the specific provisions of the special wage are not perfect;third,the relief system is not perfect.This paper focuses on the first three forms of special wages,namely paid leave period wage system,overtime period wage system,duty period wage system.The main defects of the wage system during paid leave are the lack of rigidity of relevant laws and regulations,the difficulty of implementation,the existing norms are too rough,lack of operability,the lack of supporting relief measures,and the imperfect supervision measures.The main defect of overtime wage system is that the calculation base of overtime wage is not clear,which opens the back door for enterprises to wantonly infringe on the interests of employees’ overtime wage.The main problem of the duty wage system is that there is no special law to regulate the duty issue,so the court decisions mostly rely on local provisions,but the local provisions are only listed,not fully covering the types of duty,and there are many conflicts.In order to solve the defects of special wages,we need to start from three aspects: first,improve the effectiveness level of special wages,formulate the "wage law",bring in the relevant provisions of the wage system,and form a systematic and logical organic whole;second,improve the specific system content of special wages;the paid leave system should strengthen the legal obligation attribute of employers So that every enterprise and unit should strictly implement,and the specific conditions and salary payment standards of paid leave need to be further clarified.The salary system during the duty period needs to be divided into different types according to the nature of the duty,and different methods of payment of the duty salary should be formulated according to the characteristics of each type.The calculation standard of overtime pay should be determined according to the actual labor remuneration paid by the employer.Although some of them seem not related to the labor remuneration,they can actually be regarded as a way or embodiment of the consideration obtained by the labor.Finally,it is necessary to construct the relief system of special wage payment,intervene in economic life by administrative means,establish the security fund system of special wage,and improve the supervision mechanism of special wage payment.