The Study On The Legal Issues Of Minimum Wage System In China

The minimum wage system is regulated by the government to keep the ordinary labor's wages within the limits of labor market by a means of coercive power, which can also meet the workers and family members'basic survival needs. There are lots of disputes on the minimum wage system's existence. The objectors and supporters have different opinions. China has established the minimum wage system by legal form in 1994. The minimum wage system in our country is grounded on the theory of wage bargaining, social justice, economic and human capital. And the minimum wage system has a positive meaning on the social structure's construction, labor markets and different industries. In the context of the present economic crisis, we should insist on the implementation of the minimum wage standards.There are a number of problems on the applied scope of the minimum wage system, the meaning and range of minimum wage, the establishment and adjustment of the minimum wage standards, and the extermination method of minimum wage standards. With respect to the applied scope of the minimum wage system, we suppose to enlarge its scope and define the applicable method of informal employment group; with respect to the meaning of minimum wage, we suppose to take burden of proof inversion principle to define normal work; with respect to the established standard of minimum wage, we suppose to make law to clear its standard; with respect to the extermination method of minimum wage, we should consider multiple elements to conduct quantitative and qualitative analysis; with respect to the adjustment of minimum wage standards, we suppose to establish the price linkage mechanism which based on the growth rate of GDP, formulate the adjustment time scientifically and strict adjustment procedure. However, in the context of the present economic crisis, the ministry of human resources and social security issued the notice on the suspension of the adjustment of minimum wage. It is unwise to alter the rules. The minimum wage rules should be implemented strictly.In the implementation of minimum wage, the phenomena of encroach on the rights and interests of laborers is serious. There are so many causes, as legislation, supervision, market and both the labor and management. In conation with perfecting legislation, we supposed to improve the rank of legislation, establish its hearing procedure; in conation with perfecting supervision, we supposed to strengthen labor supervision, establish the record-keeping of wages'payment and the recovery of default of wages system on the basis of strengthening the administrative accountability system, and set up the enterprises'credit evaluation mechanism. All of them must be used to supervise the implementation of minimum wage. In addition, the government should play a moderate role in the macro-control, and make a strategic decision to protect the rights and interests of laborers.