Walmart's ES factory inspection turns orange "susceptible zone"

Walmart factory inspection consultation ES factory inspection turns orange "susceptible zone"
According to sources, since Walmart implemented new certification standards this year, many factories have been infected with the "orange" poison due to the following three "susceptible zones":
1. Insufficient overtime pay
This type of violation mainly occurred in the overtime pay on January 3, May 4, and October 4-5, 2005. Many factories overlooked 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 January 1 and 2 fell (in accordance with the National Holidays and Memorial Days Regulations ([Promulgated on September 18, 1999]).
Article 6
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, but the normal salary shall be paid for the 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 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 downtime (according to Article 12 of the Interim Regulations on Wage Payment).
If the unit's shutdown or suspension of production is caused by reasons other than the worker and is within one wage payment cycle, the employer shall pay the worker's wages according to the standards stipulated in the labor contract. If it exceeds one wage payment cycle, if the worker provides normal labor, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; if the worker does not provide normal labor, it shall be handled in accordance with relevant national regulations. ). If the worker takes leave on his own, 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 according to the minimum legal hourly wage to get the total wage, and compare the total piece-rate wages with the above number. If the piece-rate wages are higher than the total amount calculated according to the legal minimum hourly wage, then the requirement is met. This year's new algorithm is: on the basis of piece-rate, calculate overtime pay according to the number of overtime hours (Article 13 of the Interim Regulations on Wage Payment)
(III) 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 workers' daily or hourly wage stipulated in the labor contract. For workers who are paid piece-rate wages, if the employer arranges them to work overtime after completing their piece-rate quota tasks, the wages shall be paid in accordance with the above principles at a rate not lower than 150%, 200% or 300% of their statutory working time piece-rate unit price. For workers who are approved by the labor administrative department to implement a comprehensive working hours system, their comprehensive working hours exceeding the statutory standard working hours shall be paid at a rate not lower than 150%, 200% or 300% of their statutory working hours piece-rate unit price.
The part of the working time that is extended by more than 20 hours shall be regarded as overtime working time, and the wages for the overtime working time shall be paid to the workers in accordance with these regulations. The above provisions shall not apply to workers who implement the irregular working hours system). The following are examples:
Standards before 2005:
Pre-conditions: The local minimum wage is RMB 450, the calculation month is December 2004, and Worker A works a total of 200 hours in that month, of which 184 hours are regular working hours, 8 hours are overtime hours on weekday evenings (Monday to Friday), and 8 hours are overtime hours on weekends. Worker A's piecework wages for that month are RMB 800.
Calculation method: The total amount calculated according to the statutory minimum wage is 570 = 184 × 2.69 + 8 × 1.5 × 2.69 + 8 × 2 × 2.69 < 800 (piecework wages for that month). According to the old standard, the salary received by the worker meets the requirements.
Standards in 2005:
Calculation method: payable wages = piecework wages + (piecework wages/total working hours) × 50% × normal overtime hours + (piecework wages/total working hours) × 100% × weekend overtime hours. The new standard shows that the payable wages for this worker are 848 = 800 + (800/200) × 50% × 8 + (800/200) × 100% × 8. If the factory does not pay wages according to the new calculation method, it means that the overtime wages are not paid in full according to the law.
In addition, if (piecework wages/total working hours) is less than the local statutory minimum hourly wage, the minimum wage will be used to make up the difference. For example, if the piecework wages of the above worker are changed to 400 yuan, the worker will be paid 570 yuan (184×2.69+8×1.5×2.69+8×2×2.69).
4. Workers clock in more than half an hour early or late, but the factory does not pay them
This is another susceptible point that causes the orange light. For example, a factory stipulates that the work starts at 8:00 in the morning and ends at 12:00 in the afternoon. If a worker punches in at 7:10 or punches out at 12:40, the factory needs to pay the worker half an hour's early/delayed salary.

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