30.3 估算工资
30.3 Estimating The Wage
雇佣(Hiring,ijara)被称为以获取报酬为目的的有偿利益合同。这种合同分为三种类型:
Hiring is known as being a contract upon benefit for compensation. This contract comes in three types:
第一:关于租赁房屋、牲畜、车辆等物品所获得之利益的一类(契约)。该契约是针对物品的利益而订立的。
Firstly: A type coming upon the benefits of things like hiring houses, animals, vehicles and the like. The contract is performed upon the benefit of the thing.
其次:某一类合同涉及绘画、工程、建筑等工作所产生的利益。所订立合同的标的是该工作的利益。
Secondly: A type coming upon the benefits of work like painting, engineering, building and the like. What is contracted upon is the benefit of the work.
第三类:涉及仆人、雇工等人员的利益。所订立的合同标的是此人的劳动所产生的利益。
Thirdly: A type coming upon the benefits of persons like servants, labourers and the like. What is contracted upon is the benefit of the effort of the person.
在这三种类型中,所订立契约的标的都是各自的利益。因此,契约所针对的对象就是利益,所提到的钱款则是对这一利益的交换。由此可见,估算工资的依据是此物、此工作或此人所提供的利益,而非所加工之物的价值或其价格,也不是雇工的生产效率,同样也不是支付雇工的生活所需。因此,在估算时,不涉及生活水平的提高或降低。将工资的估算归结于物品的价值、其价格、工人的生产效率或其需求的满足,都是不正确的;生活水平的升降也不列入其估算之中。其估算仅归结于一件事,即利益,因为这是以利益换取报酬的交易。工资按照订立雇佣契约时所约定的利益量来估算。在工资数额出现分歧时,不能通过证据和凭证来估算,因为证据在此没有作用,工资本身无需举证。相反,要知道其数额及其估算,应由两位熟悉该利益(即契约所针对之利益)的专家,以及两位熟悉其报酬估算的专家来进行评估。
In these three types, what was contracted upon was the benefit in each one of them. So the thing upon which the contract occurred is the benefit. The money mentioned is the exchange for this benefit. Hence the basis upon which estimating the wage is based is the benefit given by this thing or this work or that person. It is not in relation to the value of the thing worked upon or its price nor his productivity in relation to the employee just as is not paying for the needs of the employee. Thus there does not enter the elevation of the living standard, or its lowering, in estimating it. It is not valid to return estimating the wage to the value of the thing or its price or the worker’s productivity or fulfilment of his needs; nor does raising or lowering the living standard enter into its estimation. Its estimation returns to only one thing which is the benefit since it is a benefit upon benefit for compensation. The wage is estimated according to the measure of benefit upon which the hiring contract occurred. During difference (of opinion) over the amount of wage, it is not estimated by evidence and proof as there is no role for evidence therein since it does not require proving the wage. Rather, knowing its amount and its estimation is by the estimation of two experts in the benefit over which the benefit occurs, and two experts in the estimation of its compensation.
关于工资的基础,即估算工资所依据的单位,这一方面的内容是这样的。至于工资的差异,它会因人的能力不同、同一工作与不同工作的收益不同,以及时间和地点的不同而有所差异。 签订雇佣合同时,工人的工资以其个人能力所带来的收益为依据,所付出的努力不同,工资也就不同:因此,工资可以按强壮者多少、弱小者多少来估算;按工作的小时数估算,工时越多,工资越高,工时越少,工资越少,依此类推。 对于同一项工作,雇佣合同依据工作所产生的一定收益量来估算工资,而从事这项工作的人之间,工资会因其专业技能的差异而不同,例如工程师。因此,工程师会得到某个特定的工资,而工程师之间的工资也会因专业水平的差异而不同。同样,对于不同工作的工资估算,也依据雇佣时这些工作中所预期的收益,即生产者的收益。这些工作的工资会因其在社会中收益的不同而有所差异:工程师的工资是某个数额,建筑工人的工资是某个数额,依此类推。 同一工作或不同工作中的人,在不同时间的工资估算也有所不同。例如,同一工作中,夜间工作的工人比白天工作的工人获得更多报酬。同样,同一工作或不同工作中人员的工资估算,在某一地点与另一地点也有所不同。例如,沙漠中的工人比在城市中从事同样工作的工人获得更多报酬,依此类推。允许按照特定的时间单位临时估算工资,如按小时、按日、按月和按年。
This is in relation to the aspect of the basis of the wage, or in other words the unit upon which estimating the wage occurs. As for the aspect of its difference, it differs according to difference of the benefit in persons and in one job and different jobs, and in the time and place, The wage of workers over whom the contract came over the benefits of their persons will differ according to the effort which they expend, so the wage is estimated as so much for the strong and so much for the weak; and so much wage for so many hours of work. For more hours a higher pay and for lesser hours, lesser pay and so on. The estimation of wage for one job over which the contract of hiring was formed based on the the benefit of work by a specific amount, and it will differ between the persons who perform this work according to the difference of their expertise therein like engineers for example. So the engineer will be given a particular wage, and it will differ between engineers by the difference of the expertise. Similarly is the estimation of the wage for different jobs according to the benefit intended therein during the hiring of those working therein i.e. the producers. The wage for these jobs will differ by the difference of their benefit in the society so the engineer’s wage will be a particular amount, the builder’s wage a particular amount and so on. The estimation of the wage of the people in one job or different jobs at different times is estimated differently at different times. For example, the worker at night is given more than the worker working during daytime in the same job. Similarly the estimation of the wage for people takes place, for one job and for different jobs differently on one place than in another place. For example the worker in the desert is given more than the worker doing the same job in the city and so on. And it is permitted to estimate the wage temporarily by a specific time like hourly, daily, monthly and annually.