Shanghai Hourly Labor Law Provisions

The Shanghai Labor Law provides the following provisions for hourly employees:

1. Shanghai’s hourly minimum wage is adjusted from 17 yuan to 18 yuan. The hourly minimum wage standard applies to workers who are employed part-time, that is, the average daily working time in the same employer generally does not exceed 4 hours, and the cumulative working time per week does not exceed 24 hours. The hourly minimum wage standard does not include social insurance premiums paid by individual workers and units in accordance with the law.

2. The hourly minimum wage standard for part-time workers is adjusted to 8 yuan. All municipal government committees, offices and bureaus, all (holding) group companies, enterprise (group) companies, all district and county labor and social security bureaus, all Relevant employers: The hourly minimum wage for part-time employees is adjusted from 7.5 yuan to 8 yuan. The hourly minimum wage standard does not include social insurance premiums paid by individuals and units in accordance with the law, which must be paid separately by units in accordance with regulations.

1. Conversion of daily wage and hourly wage

The conversion of daily wage and hourly wage is:

Daily wage: monthly wage income ÷ number of monthly pay days

Hourly wage: monthly wage income ÷ (monthly salary days × 8 hours).

Monthly number of paid days = (365 days - 104 days) ÷ 12 months = 21.75 days

2. What special rights do hourly employees have in labor law

Privilege 1: Can sign contracts with multiple parties at the same time

Although the "Labor Contract Law" stipulates that if an employer recruits workers whose labor contracts have not been terminated or terminated with other employers, it will cause losses to other employers. shall be jointly and severally liable for compensation, but the Law also points out that workers engaged in part-time employment may enter into labor contracts with one or more employers; moreover, the labor contract concluded later shall not affect the performance of the labor contract entered into earlier.

Privilege 2: The contract can be terminated at any time

Although the "Labor Contract Law" stipulates that the employee illegally terminates the labor contract, or violates the confidentiality obligations or non-competition obligations stipulated in the labor contract , if it causes losses to the employer, it shall be liable for compensation. However, the law also stipulates that either party to part-time employment may notify the other party to terminate the employment at any time; upon termination of employment, the employer shall not pay financial compensation to the employee.

Privilege 3: You can request payment within 15 days

The "Labor Contract Law" stipulates that the hourly wage standard for part-time employees shall not be lower than the minimum hourly wage standard stipulated by the employer; The longest labor remuneration settlement and payment period for full-time employees shall not exceed 15 days. The company's practice not only exceeded 15 days, but also paid wages below the minimum hourly wage standard, which is obviously illegal.

Privilege 4: You can claim for work-related injury compensation

The employer shall pay work-related injury insurance premiums for part-time workers who have established a labor relationship in accordance with relevant national regulations. Workers engaged in part-time work who are injured at work shall enjoy work-related injury insurance benefits in accordance with the law. If the employee is identified as having a disability of level 5-10, the disability benefits and related expenses can be settled in one lump sum upon agreement between the employee and the employer.

Legal Basis

"Labor Law of the People's Republic of China"

Article 41 Due to production and operation needs, the employer shall negotiate with the labor union Workers can extend their working hours after consultation, generally not more than one hour per day; if working hours need to be extended due to special reasons, the extension of working hours should not exceed three hours per day while ensuring the health of the workers, but not more than three hours per month. Thirty-six hours.

Article 44 Under any of the following circumstances, the employer shall pay wages higher than the worker’s wages for normal working hours according to the following standards:

(1) Arrangement of labor If workers extend their working hours, they shall be paid no less than 150% of their wages;

(2) If workers are arranged to work on rest days but cannot arrange compensatory time off, they shall be paid no less than 150% of their wages; A wage remuneration of 200% of the salary;

(3) If workers are arranged to work on statutory holidays, a wage remuneration of no less than 300% of the salary shall be paid.

Article 50: Wages shall be paid to the workers themselves in the form of currency on a monthly basis. Workers shall not be deducted or delay wages without reason.