Current location - Health Preservation Learning Network - Health preserving class - Is it illegal to work without a basic salary?
Is it illegal to work without a basic salary?
Legal analysis: it is illegal for a company to implement the system of no basic salary. Because there is a minimum wage standard, even the commission wage standard cannot violate the minimum wage standard, otherwise you can complain to the labor bureau. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Legal basis: Article 48 of the Labor Law of People's Republic of China (PRC). The state implements the minimum wage guarantee system. The specific standard of the minimum wage shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record. The wages paid by the employer to the workers shall not be lower than the local minimum wage. People's Republic of China (PRC) (China) Labor Contract Law.

Article 85 of the Labor Law of People's Republic of China (PRC) shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit if the employing unit is under any of the following circumstances; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the employee according to the standard of more than 50% 100% of the payable amount:

(1) Failing to pay laborers' remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;

(2) Paying workers' wages below the local minimum wage standard;

(3) Arranging overtime without paying overtime;

(four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.