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Don't let the "pay package" lose overtime pay and benefits

Source: Hunan Workers Daily
2024-06-16 14:07

Original title: Don't let the "pay package" lose overtime pay and benefits

The "salary package system" refers to a wage distribution method in which legal standard working hours wages and overtime pay are specified in the labor contract. Some enterprises attempt to use the "salary package" method to blur the labor remuneration, welfare benefits, etc. of workers. "There seems to be a lot of salary packages, but in fact, overtime pay, meal allowance, transportation allowance and heat allowance are blurred," many workers said.

The so-called package salary system, also known as "package salary", refers to a salary distribution method in which the legal standard working hours salary and overtime pay are specified in the labor contract. It is common in some industries with more overtime arrangements and relatively fixed time.

Because the "salary package system" makes the employment management relatively simple and clear, and can quickly facilitate the signing of labor contracts, thus improving the efficiency of enterprise employment, it is also adopted by more and more enterprises. However, in the process of implementation, some enterprises are insidious and just play their own "small nine". For example, the "salary package system" obscures the monthly salary and overtime pay. The starting point is not clear about the settlement of overtime pay. In fact, the "buy it now" salary "has" cut "the overtime pay. In addition, the "salary package system" also includes the amount of social insurance payment, provident fund and other benefits, which are discounted in the "Buy It Now" price.

Although there are no prohibitive provisions in the current laws and regulations on the wage agreement of the "salary package system", and the employer has the autonomy to determine the wage distribution method and wage level, the employer enterprises and units should not pretend to be confused, abuse their natural advantages, arbitrarily infringe on the legitimate rights and interests of workers, and avoid the obligation to pay overtime wages, Violate the minimum wage standard or the relevant mandatory provisions of the maximum working hours of workers, or even damage the welfare benefits of employees in a disguised form.

Every legitimate right and interest of workers must be effectively protected. Although the employer has the autonomy to formulate the internal salary distribution system according to law, the premise is that the formulation and implementation of the system must comply with the provisions of relevant laws. Employers should not use the "salary package" model to erode the rights of workers, and undermine existing labor laws and regulations; At the same time, workers also need to enhance their legal awareness when they are employed, clearly agree on the wage standards and various welfare standards for standard working hours with employers, and earnestly safeguard their legitimate rights and interests; In addition, functional departments such as labor supervision should strengthen supervision, severely crack down on cases of infringement of workers' rights and interests through the "salary package system", and effectively eliminate the phenomenon that the "salary package system" has eliminated overtime pay and benefits. (Wu Rui thrush)

Editor in charge: Zhang Weining

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