Reporter: Since the monthly salary can be calculated in various calculation methods, and the law does not prohibit it, then, when enterprises use it in their daily life, they will only use a calculation formula that is beneficial to themselves.
Pan Lina, former arbitrator of Shanghai Labor and Personnel Arbitration Commission and lawyer of Shanghai Baohua Law Firm: I have also made calculations, whether it is calculated by positive or negative calculation, or calculated by the actual salary calculation day of the month, in fact, after one year, it is actually the same.
The key is that the rules and regulations of the employer should clearly and uniformly operate the method, that is, only one method can be used, otherwise it will be unfair.
According to Article 4 of the Labor Contract Law, employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.
When formulating, revising or deciding on rules and regulations or major matters directly involving the vital interests of employees, such as labor remuneration, working hours, rest and leave, labor safety and health, insurance benefits, employee training, labor discipline and labor quota management, the employer shall discuss with the employee congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.
In the process of implementing rules and regulations and decisions on major matters, if the trade union or employee deems it inappropriate, it has the right to propose it to the employer and revise and improve it through consultation.
The employer shall publicize the rules and regulations and decisions on major matters directly involving the vital interests of the employee, or inform the employee.
Which calculation method is used by the enterprise, which is closely related to the labor remuneration of employees, belongs to the vital interests of employees, and should be discussed by the employee congress or all employees, and determined through consultation with the trade union or employee representatives on an equal footing, and is by no means the employer's "one price".
Source: Labor Watch
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