In the customer's Walmart factory audit consulting and counseling process, often there will be some common orange lights, will make the factory nervous, as a senior audit counseling agencies, hoping to bring you a little alert, here is the Walmart experience some orange most prone to plant the matters needing attention, hope everyone in the factory to be vigilant in the process of rectification. :
1, overtime payment is insufficient
This kind of violation occurred mainly in the 05 years of January 3rd and May 4th and October 4-5 overtime costs, many factories are neglected in January 3rd January 1st and May 4th May 1st was postponed on Saturday and Sunday is postponed on October 4-5 1-2 is located on Saturday day postponed
In accordance with the "measures" (national holidays and festivals "[1999-9-18> sixth] issued holiday date all citizens holiday, if falls on a Saturday, Sunday, shall Bujia during working days. Some citizens in the holidays, if falls on a Saturday or Sunday, do not Bujia) and according to the normal payment of wages of the day to work.
2, did not pay workers to wait for wages
This type of violation is mainly occurred in the Spring Festival holiday during the Spring Festival in many factories, the factory put 7 to 15 days (or longer) false, but did not pay the period of downtime wages (in accordance with the "Provisional Regulations" Twelfth non payment of wages caused by units to stop production in a wage payment period., the employer shall pay wages to laborers according to the standards stipulated in the labor contract for laborer reason. Over a period of wage payment, if the employee provides normal labor, is to pay the labor remuneration shall not be lower than the local minimum wage; if the laborer does not provide normal work, shall be handled according to the relevant provisions of the state.). If workers leave their own, do not pay wages are not illegal.
3, piece wages did not pay according to the new algorithm
This kind of violation occurs mainly in the piecework factories, 05 years ago, the requirement is: the total time monthly workers according to the legal minimum hourly wages will be obtained, compared total wages and the number of piece rate, if the total amount of piecework than by the statutory minimum wage calculation, is in accordance with the requirements. This new algorithm is: in the piece rate basis, according to the amount of overtime overtime pay calculation ("Provisional Regulations" article thirteenth (three) the employer shall arrange laborer to work in legal holidays, the wages paid to the employees in accordance with the labor contract is not less than the employee day or hour salary standard 300%. The piecework, in the completion of the task piece fixed by the employer to extend the working time arrangements, according to the provisions of the principle of not less than their own respectively according to the rate of legal working hours 150%, 200% and 300% to pay their wages. The labor department approved a comprehensive calculation of working hours, the comprehensive calculation of working time exceeds the legal standard working hours, should be regarded as the extension of working hours, and shall provide for the payment of workers who work overtime wages. Workers who do not have a regular working hours system shall not implement the above provisions. For example:
05 years ago:
The default condition: the local minimum wage is 450 yuan, calculated in December 04, A workers work in the month a total time of 200 hours, including 184 hours for the class hours, 8 hour working day (Monday to Friday) night overtime, 8 hours for the weekend overtime work this month, A piecework wage is 800 yuan.
Algorithm: according to the statutory minimum wage to calculate the total amount of 570 = 184 x 2.69+8 x x 2.69+8 x 2 x 2.69<800. According to the old standard, the worker's salary meets the requirements.
05 year standard:
Algorithm: wages should be paid = piece wage + (piecework wage / total hours) * 50% * overtime hours + (piecework wage / total hours) * * * 100% hours overtime. The new standard that the workers should pay for 800 (800/200) = 848 x 50% x 8 (800/200) * 100% * 8. If the factory does not pay wages according to the new algorithm, there is no legal basis for overtime pay.
In addition, if the piece rate / total hours is less than the statutory minimum wage, the minimum wage. For example, if the piece rate of the above workers is changed to 400 yuan, the worker shall be paid by the workers of $570 (184 x 2.69+8 x 2.69+8 x 2 x * * * *).
4, workers in advance or delayed more than half an hour punch, but the factory did not pay wages
This also resulted in the orange light another susceptible point, for example, a factory set at 12:00 8:00 in the morning to work, work, if a worker in 7:10 hit the work card or punch out at 12:40, the factory need to pay in advance / delayed half an hour wages to workers.