Since Walmart implemented the new certification standards, many factories have been given orange lights for the following reasons: 1. Insufficient overtime pay Such violations mainly occurred in the overtime pay on January 3, May 4, and October 4-5, 2005. Many factories ignored the fact that January 3 was a postponement of the Saturday on which January 1 fell, May 4 was a postponement of the Sunday on which May 1 fell, and October 4-5 were a postponement of the Saturday on which October 1-2 fell (in accordance with Article 6 of the National Holiday Regulations for Festivals and Anniversary Days (Promulgated on September 18, 1999), if a holiday for all citizens falls on a Saturday or Sunday, the holiday shall be made up on a working day. If a holiday for some citizens falls on a Saturday or Sunday, the holiday shall not be made up), and paid the normal salary for work on that day. 2. Failure to pay workers wages while they were waiting for materials This type of violation mainly occurs during the Spring Festival factory holiday. Many factories have 7-15 days (or longer) of holiday during the Spring Festival, but do not pay the wages for the period of suspension of work and waiting for materials (according to Article 12 of the "Interim Regulations on Wage Payment", if the unit is suspended or stopped for reasons not attributable to the workers within a wage payment cycle, the employer shall pay the workers' wages according to the standards stipulated in the labor contract. If it exceeds one wage payment cycle, if the workers provide normal labor, the labor remuneration paid to the workers shall not be lower than the local minimum wage standard; if the workers do not provide normal labor, it shall be handled in accordance with relevant national regulations.). If the workers take leave themselves, not paying wages is not a violation. 3. Piece-rate wages are not paid according to the new algorithm This type of violation mainly occurs in piece-rate factories. The requirement before 2005 was: calculate the total monthly working hours of workers based on the minimum statutory hourly wage to get the total wage, compare the total piece-rate wage with the above number, and if the piece-rate wage is higher than the total amount calculated based on the statutory minimum hourly wage, then the requirement is met. The new algorithm this year is: on the basis of piecework, overtime pay is calculated according to the number of overtime hours (Article 13 (3) of the "Interim Regulations on Wage Payment" If an employer arranges workers to work on statutory holidays in accordance with the law, the wages of the workers shall be paid at a rate not lower than 300% of the daily or hourly wage standard of the workers stipulated in the labor contract. For workers who are paid on a piecework basis, if the employer arranges them to extend their working hours after completing their piecework quota tasks, their wages shall be paid in accordance with the principles of the above provisions at a rate not lower than 150%, 200% or 300% of their statutory working time piecework unit price respectively. For those who implement a comprehensive working hours system approved by the labor administrative department, the part of the comprehensive working hours that exceeds the statutory standard working hours shall be regarded as extended working hours, and the wages for the extended working hours shall be paid to the workers in accordance with these regulations. The above provisions do not apply to workers who implement an irregular working hours system). The No.1 factory inspection consulting brand in China - Shanghai Chaowang! Choosing Chaowang means choosing success! Have you not taken action yet? Today, as the global economy recovers, take the lead and do not hesitate to pass the factory inspection to ensure that you receive continuous foreign trade orders! |
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