30.4 工钱的数额
30.4 The Amount Of The Wage
雇员的工资可以是约定的工资,也可以是相当的工资。约定的工资,是指在订立合同时提及并明确的工资。那些各自的工资都为人所知的工作者,例如某一等级的官员,或某一工厂中工资广为人知的工人,也被视为约定的工资。因此,若雇用的是工人或官员并已说明其工资,那么所说明的即为他们的工资。若未说明其工资,则需考察其工资是否为人所知:若为人所知,便按此给付,并视同约定的工资;若不为人所知,则给付相当的工资。
The wage of the employee can be a mentioned wage, and it can be a comparable wage. As for the mentioned wage, it is the wage mentioned and specified at the time of the contract. It is considered as the mentioned wage, the workers who each know their wage like officials in a specific grade or labourers in a specific factory where the wage of its labourer is well known. Hence if labourers or officials are used and their wage is named, so that which is named is their wage. If their wage is not named, it is considered whether it is known so it is given to them and is considered a named wage; if it is not known, they are given the comparable wage.
可比工资,是指同类工作与同类工人的工资,或仅指同类工人的工资。可比工资的估算必须由有经验的人来做,有经验的人应当通过考察雇员的个人情况来确定工资。在评估可比工资时,必须考虑三件事:第一,如果工资是因获得利益而支付的,则要考察那个与所雇佣之物的利益相当的事物。
The comparable wage is the wage of comparable work and the comparable worker, or the wage of the comparable worker only. The estimation of the comparable wage must be by those with experience, and the people of experience must specify the wage by looking into the personality of the employee. While evaluating the comparable wage, three matters must be looked into:- One: If the wage came upon benefit, to look into the thing whose benefit is equivalent to the benefit of the hired (thing).
第二:如果利益是由工作产生的,那么就要考察与该工作中的雇员相似的人,也就是说,要考察工作本身以及工作者。
Two: If the benefit came upon work, to look into the person similar to the employee in that work i.e. to look into the work and worker.
第三:考虑租赁的时间和地点,因为工资会随着利益、工作、时间和地点的不同而有所差异。
Third: To look at the time and place of the lease because the wage differs according to the difference of benefit, work, time and place.
"可比工资的知识取决于经验的地点,因此,原告不得就此提出证据。相反,有经验的人应当不偏不倚地进行评估,由争议双方协商一致选定他们。如果双方不能就某人达成一致,则由法官选定。"
The knowledge of the comparable wage depends upon the place of experience, so it is not permitted for the claimant to establish evidence upon it. Rather it is obligatory for experienced people to evaluate it free of self-interest, so the two disputing parties choose them by consent. If the two do not agree upon some one, then the judge chooses them