A Study On Labor Law Regulation Of Performance Salary In China

With the development and implementation of the policy of "popular innovation and public entrepreneurship" in 2015,China has entered an era in which the number of enterprises is increasing and the market demand of high-end talents is increasing.At the same time,how to stimulate the enthusiasm of workers and create inspiration has become an important task of enterprise management.In order to achieve the purpose of bundling the income of the laborer with the interests of the enterprise,the wage structure of the employee's salary pay is more and more universal based on the standard working hours,according to the work results of the employees or the profits of the enterprises.In the judicial practice,there is a large number of cases on the issue of performance pay with wage renewal and overtime pay.Although the concept of performance pay is rarely used in the legislation of labor law,it is prevalent in real life as part of wages.In the course of the referee,the judge had to correspond to the concept of "piece-rate wages" and "normal working hours wages",which were often found in legislation.So that the judges in the judge on the different views.Based on this,I believe that the search for the nature of the performance of wages,clear its labor law often appear in the concept of "piece-rate","normal working hours wages" relationship can fundamentally solve the problem.Based on the concept of knowledge and empirical research,this paper understands the concept and characteristics of performance pay.And in-depth study of the nature of piece-rate wage.Through the performance of wages,piece-rate wages,the normal working hours of the three concepts of wages to analyze the nature of the performance of wages.And through theoretical analysis,elaborated on the performance of the the referee.In order to form a more convincing explanation and to China's performance wage laborlaw regulation legislation to help.Through the study of this paper,the following conclusions: the performance of wages,practice,there are "commission wages","efficiency wage","performance bonus" of the title,refers to the workers and enterprises agreed to pay in addition to the basic wage and workers Of the work of the results or profits of the enterprise directly related to wages.Performance pay is not a piece-rate wage,nor is it a normal working time wage.Its essence belongs to the concept of bonus category.In judicial practice,the referee for performance pay should be compared to the bonus.In accordance with Article 47 of the Labor Law,it is judged only whether the employing unit should pay the performance pay on the basis of the payment conditions of the performance pay,except in the case of other expressly provided by law.