Related to overtime pay, unemployment insurance benefits, probationary wages, economic compensation, sick leave pay, etc.——
When the minimum wage is raised, these benefits will rise accordingly
Recently, many places across the country have ushered in a new round of minimum wage adjustments. Starting from September 1, Guangdong and Yunnan will officially implement the new minimum wage standards. Shanxi, Xinjiang and other places will clearly implement it from October 1. Prior to this, Jiangsu, Zhejiang, and Shaanxi had implemented the new standards on January 1.
Judging from the specific plans announced by various places, the minimum wage adjustment is relatively stable. Guangdong Province implements three types of standards, and Guangzhou and Shenzhen implement one type of standards. The monthly minimum wage in Guangzhou rises to 2,680 yuan, and that in Shenzhen rises to 2,700 yuan, both with increases of 180 yuan; part-time hourly wages both reach 25.4 yuan. The monthly minimum wages of the three levels in Yunnan Province were raised to 2,270 yuan, 2,120 yuan and 1,970 yuan respectively. The highest monthly minimum wage in Jiangsu and Zhejiang was raised to 2,660 yuan, and the highest in Shaanxi was raised to 2,376 yuan.
The reporter found that as of now, the first-grade monthly minimum wage in 31 provinces across the country has exceeded 2,000 yuan, and Shanghai ranks first in the country with 2,740 yuan.
The "Minimum Wage Regulations" clearly state that when determining and adjusting the monthly minimum wage standard, reference should be made to the minimum living expenses of local employees and their dependents, the urban consumer price index, social insurance premiums and housing provident funds paid by individual employees, the average salary of employees, the level of economic development, employment status and other factors. Normally, localities adjust their minimum wage standards every 2 to 3 years.
The increase in the minimum wage standard will not only directly affect the income of low-income workers, but will also have an impact on the labor rights of other workers. "The minimum standards for overtime pay, unemployment insurance, probation period wages, economic compensation, labor dispatch wages, sick leave wages, etc. are all related to the local minimum wage to varying degrees," said Lu Jingbo, deputy director of the Labor and Social Security Law Committee of the National Lawyers Association.
Taking overtime pay as an example, Lu Jingbo added, "Overtime pay is calculated based on the wages of workers during normal working hours, and the "Minimum Wage Regulations" clarify that the minimum wage does not include overtime pay. When employees' wages are the minimum wage, overtime pay will be increased simultaneously with the minimum wage."
In addition, the reporter learned that in terms of probation period wages, the Labor Contract Law stipulates that probation period wages must not be lower than the local minimum wage standard. Sick leave pay or sickness benefits during the medical period shall not be less than 80% of the minimum wage standard. For salespeople, intermediaries, and workers in new employment forms who adopt the "low base salary + high commission" model, the increase in the minimum wage standard also provides them with a more reliable income guarantee.
Recently, on social media, a recruitment information released by a food company in Yunnan showed that the hourly wage of temporary workers in its stores was 13 to 15 yuan. The latest hourly minimum wage standards implemented in the three types of areas in Yunnan Province are 22 yuan, 21 yuan, and 20 yuan respectively. Accordingly, the company violated the minimum wage system.
Despite the favorable policies, there are still companies trying to circumvent minimum wage protection through various means and infringing on workers' rights. Lu Jingbo listed several common methods to reporters, including including overtime wages, job wages, etc. into the minimum wage, adopting a "salary package system"; using food and accommodation, meals, accommodation, and transportation subsidies to offset the minimum wage; counting high temperature, night shifts, underground, and poisonous and harmful allowances into the minimum wage.
"Treating a 'trial job' as a free working period is a common 'edge' method for low-wage positions such as cleaning, customer service, and sales. Some companies write in the employment notice that 'the first seven days of the trial job will not be paid' or 'the trial job will be paid at 80 yuan/day.'" Lu Jingbo said that this is the employer using "trial job" instead of the probation period to avoid the legal standards for probation period wages.
Lu Jingbo reminded that if encountering the above situation, workers should first fix the evidence and retain the labor contract, salary system, salary flow, etc. Secondly, you can report it to the labor inspection department, and after verification, order the employer to reissue it within a time limit. In addition, apply for labor arbitration in accordance with the law and claim to make up the minimum wage difference.
The minimum wage standard is the "red line and bottom line" of labor rights and interests. Relevant departments need to strengthen labor supervision, smooth channels for rights protection, and strictly investigate all types of disguised infringements. Workers should also take the initiative to familiarize themselves with policy standards, clarify their own rights and interests, be wary of corporate violations, and promptly safeguard their rights when encountering issues such as wage theft and substandard standards.
Our reporter Guan Chendi
"Worker Daily" (September 14, 2026, Page 06)
