Recently, the Ministry of Human Resources and Social Security issued the Reference Guidelines for the Classification of Minimum Wages for Skilled Personnel.
The Guidelines point out that the sequence of vocational skill levels can be set up according to the "new eight-level workers" of apprentices, junior workers, intermediate workers, senior workers, technicians, senior technicians, super technicians and chief technicians, and can also be divided into levels within the corresponding vocational skill levels; In the form of monthly minimum skill allowance, it is necessary to ensure that the wage level of skilled personnel providing normal work is not lower than local statutory minimum wage standard after excluding the skill allowance.
3 The term "skilled personnel" as mentioned in these Guidelines refers to those who have a certain level of professional skills in the fields of production and service, and who use their specialized knowledge and technical skills to carry out practical operations. The term "minimum wage for skilled personnel" as mentioned in these Guidelines refers to the minimum remuneration for skilled personnel in regions, industries and enterprises on the premise of providing normal labor. The minimum wage for skilled personnel should be higher than statutory minimum wage standard issued by the government. Article
4 The following principles shall be followed in determining the minimum wage for skilled personnel:
(1) Highlighting the value of skill elements. Scientifically evaluate the contribution of skill elements and fully reflect the value created by skill elements.
(2) Reasonably reflect skill differences. It measures the post value of skilled talents, the complexity and scarcity of skilled talents'skills, and takes into account the human capital investment needed to accumulate skill elements.
(3) Overall planning of wage distribution relations. It is compatible with economic and social development, price level, labor productivity, industry and enterprise benefits, and coordinated with the wage level of other sequence talents such as management and technology.
(4) Guarantee the democratic rights of workers. It shall be determined through collective consultation or the implementation of democratic management procedures, and shall conform to the relevant provisions of laws and regulations. Chapter
II Main Reference Factors
for Determining the Minimum Wage for Skilled Personnel Article 5 The determination of the minimum wage for skilled personnel mainly refers to such factors as the post category and skill level of skilled personnel. Article
6 Combining the work content, duties and tasks of the posts where skilled personnel are engaged, as well as the complexity, scarcity and accumulation of human capital of the skills required by the posts. Posts are generally divided into four categories according to their importance to the production and operation of enterprises:
(1) Basic posts: The work content of such posts is mostly repetitive and routine work, and the work operation procedures are relatively easy. After a short period of experience accumulation or special training, workers can meet the job requirements by mastering a single simple skill.
(2) Important posts: The work content of such posts is mostly to deal with more complex and difficult tasks in a certain field of enterprise production and operation. Workers usually need to accumulate work experience or specialized training for a period of time, have a relatively rich knowledge reserve in a certain field, and master more professional and profound skills to meet the job requirements.
(III) Key posts: The work content of such posts is mostly to undertake unconventional and difficult tasks in a certain field of enterprise production and operation or to deal with complex and complex tasks across fields and dimensions. Workers usually need to accumulate work experience or specialized training for a long time, have rich knowledge reserves in a certain field or more systematic knowledge reserves in multiple fields, and master professional, profound or comprehensive skills to meet the job requirements.
(IV) Core posts: The work content of such posts is mostly to undertake forward-looking and innovative tasks such as major technical research, transformation and upgrading. Workers usually need to have profound work experience, high education level or strong learning ability, be proficient in professional theoretical knowledge in many fields, and master superb and exquisite skills to meet the job requirements. Article
7 Regions, industries and enterprises may refer to the methods of post classification in these Guidelines and combine their own reality to scientifically classify the posts that skilled personnel are engaged in, determine the number and appellation of post categories, and clarify the criteria for the classification of different post categories, the specific posts or occupations (types of work) included, and the requirements for the qualifications of skilled personnel. When determining the post or occupation (type of work) included in each post category, the post category of the post or occupation (type of work) can also be adjusted appropriately by considering factors such as labor intensity, labor conditions, risk responsibility and difficulty of market recruitment. Article
8 Regions, industries and enterprises may, in accordance with their own reality and the relevant requirements of national occupational standards, define the occupational skill levels included in the posts or occupations (types of work) of each post category. We can not only set up the sequence of vocational skill levels according to the "new eight-level workers" of apprentices, junior workers, intermediate workers, senior workers, technicians, senior technicians, special-grade technicians and chief technicians, but also divide the levels within the corresponding vocational skill levels, clarify the corresponding titles of each level and the corresponding relationship with the corresponding skill levels of the "new eight-level workers". Article
9 Regions, industries and enterprises may, according to specific circumstances, determine the lowest level of vocational skills of skilled personnel who meet the requirements of different post categories. In principle, the higher the importance of the post category to the production and operation of the enterprise and the higher the required skills, the higher the minimum level of the professional skills of the skilled personnel working in such posts. The lowest level of the required skill level of the post or occupation (type of work) included in each post category can be set differently above the lowest level of the post category. Chapter
III Methods
for Determining the Minimum Wage for Skilled Personnel by Classification and Grading Article 10 Regions, industries and enterprises may determine the minimum wage for skilled personnel in the form of determining the minimum monthly wage, or may separately determine the minimum monthly skill allowance payment standard for the skill allowance unit. Article
11 Regions, industries and enterprises may determine the minimum monthly wages for skilled personnel of various post categories by referring to the low market wage prices of comparable posts or occupations (types of work) in the region, combining with the operating characteristics, development needs and benefits of the industry (enterprise). According to the local legal monthly minimum wage standard, it is determined by a certain percentage:
(1) for basic posts, it is generally not less than 105% of the local legal monthly minimum wage standard;
(2) for important posts, it is generally not less than 120% of the local legal monthly minimum wage standard;
(3) Key posts, generally not less than 150% of the local statutory monthly minimum wage standard; (4) Core posts, generally not less than 200% of the local statutory monthly minimum wage standard. The monthly minimum wage of the skilled personnel of each post category determined
according to the method is the monthly minimum wage of the skilled personnel of the lowest level of the occupational skill level of the post category. If the lowest level of the vocational skill level of the skilled personnel in the post category is the apprentice, the post category takes the apprentice's higher skill level as the starting point for determining the monthly minimum wage of the post category. The monthly minimum wage of apprentices can be reasonably determined on the basis of not less than local statutory monthly minimum wage standard. Article
12 When regions, industries and enterprises determine the minimum monthly wages for skilled personnel of different vocational skill levels in different post categories, they may refer to the market wage prices of comparable posts or occupations (types of work), the same or similar skill levels in the region, and on the basis of the minimum monthly wages for skilled personnel of the same post category, the minimum monthly wages for skilled personnel of the same post category shall be determined. It is determined by a certain proportion or a certain amount of skill level. The minimum wages of special technicians and chief technicians are generally not lower than low wages of senior professional technicians or senior managers in their regions, industries and enterprises. Article
13 Where the hourly minimum wage for skilled personnel is determined, it may be converted according to the standard working hours on the basis of the monthly minimum wage. Article
14 Where the minimum monthly skill allowance is determined, the minimum monthly skill allowance for skilled personnel in different categories of posts may be determined in accordance with the principle of increasing the number of basic posts, important posts, key posts and core posts one by one. In the same post category, the professional skill level of skilled personnel is increased step by step. Chapter
IV Procedures and Requirements
for Determining and Adjusting the Minimum Wage Article 15 The minimum wage for skilled personnel in regions and industries shall be determined through regional and industrial collective consultation. Regional and industrial collective consultation is carried out in areas below the county level. Collective consultation can be carried out at or above the county level in areas with better foundation and more mature conditions.
To carry out collective consultation, we should widely listen to the opinions of enterprises in the region and industry and the demands of skilled personnel, and fully collect information on the wage level of the skilled personnel market, the current situation and trend of the development of the industry, the affordability of labor costs of enterprises, the growth rate of the average social wage, and the consumer price index.Article
16 In carrying out regional and industrial collective consultation, the number, appellation, division criteria of post categories, specific posts or occupations (types of work), vocational skill levels and their minimum levels and different post categories, minimum wages or minimum skill allowances for skilled personnel of different vocational skill levels may be taken as the focus of consultation. Targeted consultation should be carried out to determine the minimum wage for skilled personnel by classification and classification. Article
17 Standardize the links of regional and industrial collective bargaining, such as the generation of representatives, the acceptance of offers, the negotiation meeting, the conclusion of contracts, the deliberation of workers'congresses, and the submission of public announcements, so as to ensure that collective bargaining is in compliance with the law. Article
18 Enterprises shall determine the minimum wage or minimum skill allowance for skilled personnel of different post categories and different vocational skill levels through collective consultation or democratic procedures such as convening workers'congresses. The minimum wage for skilled personnel in an enterprise shall not be lower than minimum wage for skilled personnel determined through consultation in the region or industry where the enterprise is located. Article
19 Regions, industries and enterprises shall expand the sources of wage survey information through multiple channels, make good use of all kinds of information such as the wage price information of enterprise employees issued by the government, the salary survey data issued by industry organizations or trade union organizations, and the big data of market salary, fully study and judge the benchmarking, and reasonably determine the minimum wage for skilled personnel. Article
20 The minimum wage for skilled personnel shall be adjusted in a timely manner according to the local statutory minimum wage standard, the supply and demand of the labor market and the changes in the production and operation situation. Article
21 On the premise of providing normal labor for skilled personnel, the wages payable by the enterprise shall not be lower than minimum monthly wages for skilled personnel after excluding the following items:
(1) wages for extended working hours;
(2) Allowances for special working conditions such as mid-shift, night shift, high temperature, low temperature, underground, toxic and harmful conditions;
(3) Welfare benefits for workers stipulated by laws, regulations and the state. In the form of monthly minimum skill allowance, it is necessary to ensure that the wage level of skilled personnel providing normal work is not lower than local statutory minimum wage standard after excluding the skill allowance. Article
22 Regions, industries and enterprises shall reasonably determine the standards of working hours, wages and labor quotas to ensure that the wages received by skilled personnel are not lower than minimum monthly wages of skilled personnel on the premise of providing normal labor. Chapter
V Supplementary Provisions
Article 23 Local human resources and social security departments shall, in conjunction with trade unions, enterprise federations and federations of industry and commerce at all levels, actively promote leading industries with large demand for skilled personnel, key development industries and industrial parks, industrial parks, streets and townships with industrial agglomeration, and promote the development of industrial parks. As well as leading enterprises, through collective consultation, classification and classification to determine the minimum wage for skilled personnel, to help regions, industries and enterprises better attract and retain skilled personnel, to support development needs. Article
24 Local human resources and social security departments may, in light of local conditions, further refine the methods for determining the minimum wage for skilled personnel in different industries and publish typical cases. We should increase publicity and training, strengthen guidance services, and timely release market wage information for key regions, key industries, urgently needed posts or occupations (types of work), and different vocational skill levels, so as to provide reference for regions, industries and enterprises to determine the minimum wage for skilled personnel. Enterprises should be guided to establish and improve the wage distribution system that fully reflects the value of skills, and promote the improvement of skills and income of skilled personnel.
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