Answer:
The labour law on salary only prescribes the minimum wage level in the salary scale and table which is the lowest salary rate payable to the Employee doing the most basic work in normal working conditions[1]. Furthermore, there is no regulation of the labour law prohibiting the Employer from setting the ceiling in the salary scale and table. In addition, the Employer has the right to formulate the salary scale and table and labour rate for recruiting and employing the Employee and reaching agreements with him or her on the salary rate in accordance with the job or title prescribed in his or her LC and on payment of such salary to the Employee[2]. Therefore, the Employer may set the ceiling in the salary scale and table of the enterprise.
Regarding the application of the common
ceiling for different jobs, this matter has not been clearly defined by the
labour law whether the Employer is entitled to apply a common salary ceiling
for different jobs in the salary scale and table. However, the Employer must
ensure that the salary levels applicable to each job are determined on the
basis of the complexity of the job or the title of the Employee in line with the
level of, the skill of, responsibility for and experience in performing a job
or holding a title.
[1] Article 91.1 of the Labour Code
[2]Article 93.1 of the Labour Code
