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Because the company can not pay wages for personal leave, that is to say, if you take one day off, you can deduct one day's salary, and statutory rest days are not included in personal leave.
Personal leave is unpaid. Those who take personal leave within 20 days in a year and the company does not deduct wages cannot enjoy the annual leave of the current year.
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It depends on the specific situation, because not every unit does not have a holiday every week, and some units usually do not have holidays, and will rest together on Saturdays and Sundays, such as four or eight days off each month.
The law does not stipulate personal leave, and personal leave is set by the company itself, so you can see if the company's management system clearly stipulates the management method of personal leave.
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Such a system for employers is completely unreasonable.
It is only right to take personal leave without pay, and it is not legal to deduct wages.
According to the 1995 Interim Regulations on Payment of Wages issued by the Ministry of Labor, under what circumstances can an employer deduct the wages of an employee? Only if the employee causes economic losses to the employer due to his own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract.
Compensation for economic losses may be deducted from the employee's salary, but the deduction shall not exceed 20% of the current month's salary, and the remaining part after deduction shall not be lower than the minimum wage.
If there is a small problem such as being late, the full salary of the unit shall not be deducted. Otherwise, the employee may apply for labor dispute arbitration on the grounds that the employer has deducted the employee's wages, and request the relevant benefits to be repaid and an additional 25% of the economic compensation paid.
In accordance with the provisions of the Labor Contract Law, the employee also failed to pay the full amount of labor remuneration on the grounds that the employer had deducted the employee's wages, and then proposed to terminate the labor contract and at the same time claim economic compensation. The standard of severance is calculated according to the salary payable for one month for each year of service, and half a month for less than half a year.
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If the date of his leave falls beyond the weekend, it is counted as his time off. Most companies do this.
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The law does not stipulate personal leave, personal leave is set by the company itself, you can see if the company's management system clearly stipulates the management method of personal leave.
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The normal way of saying that leadership is not legitimate, and some leaders will be unhappy because they take too many leaves, so this situation will occur.
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The leader said, don't mess with people, don't want to do it, hurry up.
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Summary. Dear, I am happy to answer your questions that weekends and statutory holidays during the employee's leave period are not considered leave. Leave is only counted as working days, weekends are public holidays, not counted, and if the period of personal leave includes statutory holidays, the number of statutory holidays does not belong to the scope of personal leave.
Dear, I am happy to answer your questions about employees' holidays, and weekends and statutory holidays are not counted as leave. Leave is only counted as a working day, weekends are public holidays, not counted, personal leave period includes statutory holidays, the number of days of statutory holidays and banquets does not belong to the scope of personal leave.
1. Personal leave and annual leave are calculated on the basis of working days. 2. Sick leave, marriage leave, maternity leave, and bereavement leave are consecutive days, including rest days and statutory holidays. 3. Statutory holidays are paid holidays.
For example, if you have two days off per week for 5 days and 8 hours on a full-time basis, and generally have a Saturday and Sunday holiday, if you need to go to work, you will be paid according to the labor law. If you take a burn leave on Friday and need to take personal leave on the following Monday, it should be counted as two days, not four days.
In the event of a holiday, it is also not counted. Note: Sick leave, marriage leave, and maternity leave are counted as weeks.
6. For example, our local regulations on marriage leave are two weeks and three days late for marriage. Maternity leave is calculated on a daily basis, including weekends.
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Some companies calculate wages on a working day, but if this is the case in your company, you will not be paid on weekends if you take personal leave.
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Labor regulations do not specifically stipulate personal leave pay, but sick leave pay.
Article 59 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law stipulates that during the period of illness or non-work-related injury**, the enterprise shall pay the employee sick leave pay or sickness relief expenses in accordance with the relevant provisions during the prescribed medical treatment period, and the sick leave wages or sickness relief expenses may be lower than the local minimum wage standard.
paid, but not less than 80 of the minimum wage.
According to the provisions of the Notice of the Ministry of Labor on the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year, daily wage: monthly wage income and monthly salary days; Monthly payroll days = (365 days 104 days) December = days.
According to the above relevant provisions, personal leave is generally deducted from the corresponding daily wage according to the number of days of leave, that is: monthly salary Number of days of personal leave = deductible personal leave wages Wages payable during sick leave: local monthly minimum wage standard Number of sick days = wages payable during sick leave.
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Employees of the company can take personal leave normally, which is the right of each employee. However, you must apply first, get the permission of the leader, and as long as there is a valid reason and does not affect the work, you can ask for personal leave.
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Marriage leave, bereavement leave, sick leave, and personal leave are all normal and reasonable leave clearly stipulated in the "Labor Law", of course, personal leave is more special, urgent matters can be taken off, and less important things can be handled by other times through compensatory leave, so personal leave should be negotiated with the leader to see how to solve it in a more appropriate way.
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Of course you can, as long as there is a good reason, it will be approved.
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Why not? No one can't be without personal affairs, and besides, people are asking for leave, and they don't let the company give more money.
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Yes, but advance notice is required.
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Can employees take personal leave normally? Naturally, you can, explain the reason, orally, or in writing, and ask for a few days of personal leave. Unless otherwise specified by the company, personal leave is not permitted.
But it can also be negotiated, there are special reasons, make another arrangement, under normal circumstances, you can, handle personal leave, procedures!
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In practice, it is generally the case that the enterprise and the employee agree on the matters of personal leave in the labor contract, such as the maximum number of days of personal leave per month, otherwise the employee will be dismissed and other penalties.
At the same time, if an employee takes personal leave, the enterprise will deduct the corresponding salary according to the actual number of days worked by the employee. In addition, the employer may not pay overtime wages to the "irregular working hours" positions that have been approved by the labor and social security department and can independently arrange work and rest periods on the premise of clarifying the workload.
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If the employee does not work on the weekend, the personal leave will not be counted as the weekend. If the employee works on the weekend and takes leave on the weekend, the weekend is counted. The employer shall ensure that the employee has at least one day off per week, and that the employee may have to work on weekends, depending on the working hours set by the employer in accordance with the law.
Legal basis] Article 36 of the Labor Law of the People's Republic of China.
The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed 44 hours.
Article 38.
The employer shall ensure that the employee has at least one day off per week.
Article 39.
If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may implement other work and rest measures with the approval of the labor administrative department.
Article 41.
Due to the needs of production and operation, the employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.
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Professional analysis. It is the right of the employee to ask for leave, and it is the right of the unit to approve the leave or not. The employer can decide whether to approve the employee's leave application according to the actual situation.
The law allows you to take personal leave, but you have to deduct the corresponding salary. If the company asks you to leave your job because of this, you can ask the labor union of the company for help to coordinate and resolve the dispute or apply to the local labor arbitration commission for labor dispute arbitration.
Legal stool auspicious basis.
Labor Law of the People's Republic of China
Article 41 Due to the needs of production and operation, an employer may, after consultation with the trade union and the workers, extend the working hours, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed 3 hours per day but shall not exceed 36 hours per month under the condition of ensuring the health of the worker.
Article 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.
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