Is there any provision in the labor law for normal leave and salary deduction for working in the com

If the employee takes personal leave, non-sick leave, maternity leave and other special leave, then the company will not bear your salary during the leave, that is, it will not pay you full attendance salary, and will deduct your salary during the leave, which is legal. If the wages of other items are deducted in addition to the salary of the vacation period, the enterprise is illegal.

Generally, only the performance appraisal will be deducted, our company stipulates that it is 100 yuan a day of personal leave, I don't know how you devil stipulate, you can ask your human resources department or finance department. The human resources department should know better.

If it's personal leave. The basic salary and performance appraisal of the day will be deducted.

Legal Analysis: Depending on the situation, under normal circumstances, the employee's leave period is not counted as wages, but the wages during the normal attendance period will not be deducted, and under special circumstances, such as the employee's leave due to statutory holidays, weddings, funerals, social activities, etc., the employer is required to pay the employee's wages in accordance with the law.

Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Interim Provisions on Payment of Wages".

Article 10 During the period when a worker participates in social activities in accordance with the law during the statutory working hours, the employer shall pay wages as if he or she had provided normal work. Social activities include: exercising the right to vote or to be elected in accordance with the law; Elected representatives attend meetings held by organizations such as townships (towns), districts and above, political parties, trade unions, youth leagues, women's federations, etc.; Acting as a witness to the People's Court; Attend the conference of model workers and advanced workers; Production or working time occupied by members of the grass-roots members of non-full-time trade unions as stipulated in the Trade Union Law; Other social activities to participate in in accordance with the law.

Article 11 During the period when a worker is entitled to annual leave, family leave, marriage leave and bereavement leave in accordance with the law, the employer shall pay the wages of the worker according to the standard stipulated in the labor contract.

If an employee takes personal leave, the employer may not pay the salary during the leave, but shall not withhold the salary for other working hours. If an employee takes sick leave, the employer shall calculate the salary in accordance with the provisions of laws and regulations.

Legal basis: Article 91 of the Labor Law of the People's Republic of China If an employer infringes upon the legitimate rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration, economic compensation, and may also order the payment of compensation

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours;

3) Paying wages to workers lower than the local minimum wage standard;

4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

Summary. Employees of enterprises take leave, generally divided into sick leave and personal leave, employees who take personal leave do not provide labor, can not pay wages, but can not deduct wages, the salary calculation formula for personal leave is: (days - days of leave) daily wages

For employees who take sick leave, the standard of sick leave pay is: 60% of their own salary for those who have worked for less than 2 years; For those who have completed 2 years but less than 4 years, 70% of their salary; For those who have completed 4 years but less than 6 years, 80% of their salary will be paid.

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There are no rules.

If an employee takes personal leave, the employer may not pay the salary during the leave, but shall not deduct the salary for other working hours. If an employee takes sick leave, the employer shall calculate the salary in accordance with the provisions of laws and regulations.

The amount of deduction also depends on the company's regulations, as long as the company's regulations are not illegal.

Employees of enterprises take leave, generally divided into sick leave and personal leave, employees on personal leave are not buried to provide labor, can not pay wages, but can not deduct wages, personal leave calendar rough wage calculation formula is: (days - days of leave) daily wageFor employees on sick leave, the standard of sick pay is as follows:

For those who have worked for less than 2 years, 60% of their salary; For those who have completed 2 years but less than 4 years, 70% of their salary; For those who have completed 4 years but less than 6 years, 80% of their salary will be paid.

Hello, I want to ask, I work in a delicatessen, because we will have some things, take a few days off, the boss said that no matter what the state of the tomb in the future, the salary will be deducted, I want to ask what opinion we have, 12 hours a day to work.

It is reasonable to deduct wages for personal leave, but the basic salary should be paid for sick leave or something.

Because we have to go to work during the holidays, we don't have holidays.

Do you have a regular break time each month?

That doesn't make sense.

Is there a scheduled holiday? Two days.

The basic working hours should be 168 hours a month.

What is it called a scheduled break?

A scheduled break is a day off that is scheduled. During the compensatory leave period, there is only salary and no benefits. The salary standard is the employee's daily standard wage.

We are all on duty from half past six in the morning to six in the evening, on duty from six to half past eight in the evening, and on duty at half past twelve at noon and rest until three o'clock.

So according to your calculations, there are more than 168 working hours in a month, and the excess should be counted as overtime.

It is necessary to sign a labor contract, and to establish a labor relationship, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Personal leave: Normally, the salary of the day will be fully deducted, and if you take personal leave after taking the rest day of the month, you will also need to deduct the full attendance bonus of the current month. The following is how to deduct wages for leave under the Labor Law

Overpay - 5 times: In principle, the working hours per day are 8 hours, if it is really necessary to extend, generally should not exceed 1 hour per day, and under special circumstances, it should not exceed 3 small hours, and the total overtime hours per month should not exceed 36 hours. The extra salary will be paid at multiple of the original salary.

Overtime wages on rest days - 2 times: If an enterprise arranges employees to work on rest days, it shall pay overtime wages at a rate of not less than twice the daily wage of the employee. However, the enterprise can also arrange compensatory time off for employees to replace overtime pay.

Holiday wages - 3 times: If the enterprise arranges overtime work on statutory holidays, it shall pay overtime wages at a standard of not less than 3 times the daily wage of the employee himself. When an employer arranges an employee to work on a statutory holiday, it cannot substitute overtime pay for compensatory leave.

Article 7 of the Interim Provisions on Payment of Wages shall be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wages can be paid on a weekly, daily, and hourly basis.

Article 9 of the Interim Provisions on Payment of Wages When both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination. Article 16 of the Interim Provisions on Payment of Wages If the employee causes economic losses to the employer due to the employee's 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.

However, the monthly deduction shall not exceed 20% of the employee's monthly salary. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.

Whether and how much wages will be deducted from the leave shall be determined by the reason for the leave of absence:

1. Personal leave. According to the regulations, the amount of wages deducted for one day of personal leave = monthly salary is the number of monthly salary days stipulated in the labor law. Monthly payroll days (365 days-104 days) 12 days.

2. Sick leave. According to the regulations, the amount of salary deducted for one day of sick leave = monthly salary, of which 40% is the maximum deduction ratio, and the deduction ratio of general companies is less than 40%, and some companies have a certain number of days of paid sick leave. In addition, the labor law stipulates that the daily wage after deduction shall not be less than 80% of the local minimum wage.

3. Annual leave and others. Paid leave, marriage leave, bereavement leave and other legal holidays stipulated by the state shall not be deducted from the wages of employees. If the company does not deduct the employee's wages in accordance with the provisions of the labor law, the employee may file a labor arbitration with the local labor department.

It means that the employer deducts the wages due to the employee without justifiable reasons. The following wage reductions are not included:

1) There are clear provisions in national laws and regulations;

2) There are clear provisions in the labor contract signed in accordance with the law;

3) There are clear provisions in the factory regulations and factory discipline formulated by the Xunslip employer in accordance with the law and approved by the workers' congress;

4) The total wage of the enterprise is linked to the economic benefit, and when the economic benefit falls, the wage must be lowered (but the wage paid to the worker shall not be lower than the local minimum wage standard);

5) Reduction of wages due to personal leave, etc.

According to the Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages issued by the Ministry of Labor (Lao Bu Fa [1995] No. 226), "deduction" refers to the deduction of the wages due to the employee by the employer without justifiable reasons (i.e., all the labor remuneration that the employer shall pay to the worker according to the standard stipulated in the labor contract on the premise that the employee has provided normal work).

Personal leave can be deducted from wages, and if an employee needs to take leave during normal working hours due to personal reasons, it is deemed to be personal leave, and personal leave needs to be deducted from wages. The amount of daily wages shall be calculated by dividing the total salary of the employee in the current month by the number of days that the employee should be attended, and then the number of days the employee takes personal leave to calculate the amount of wages deducted from personal leave.

Article 11 of the Interim Regulations on the Payment of Wages stipulates that during the period when an employee is entitled to annual leave, home leave, marriage leave and bereavement leave in accordance with the law, the employer shall pay the employee's wages according to the standard stipulated in the labor contract.

If the employee is on sick leave or marriage leave, the employer cannot deduct the salary, which needs to be handled in light of the actual situation.

1. Is there a deduction of wages for leave under the Labor Contract Law?

How to deduct wages for employees taking personal leave is generally based on the company's rules and regulations and labor contracts, but it has a precondition: it cannot exceed the mandatory and principled provisions of the law.

Article 59 of the Ministry of Labor's "Opinions 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 sick leave pay or sick relief fee in accordance with the relevant provisions during the specified medical treatment period, and the sick leave pay or sick relief fee can be paid lower than the local minimum wage standard, but not less than 80% of the minimum wage standard. According to the provisions of the Ministry of Labor's "Notice on the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year", the daily wage:

Monthly salary income Number of days of monthly salary; Monthly payroll days (365 days-104 days) 12 days.

Daily wage = monthly salary income Number of days of monthly salary, so the maximum limit of deducting personal leave pay is the employee's monthly salary and number of personal leave days.

2. What is the difference between personal leave and sick leave?

1. Personal leave generally refers to leave due to personal matters or personal reasons, while sick leave refers to the fact that when the employee needs to stop working for medical treatment due to illness or non-work-related injury, the enterprise shall grant a certain amount of medical leave according to the actual working years of the employee and the number of years of working in the unit.

2. According to the current regulations, the employer may not pay wages during the period of personal leave, but during the period of sick leave, the employer shall pay the sick leave wages. The legal basis is the Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China.

3. During the period of illness or non-work-related injury, the enterprise shall pay the sick leave salary or sickness relief fee according to the relevant regulations during the specified medical treatment period, and the sick leave salary or sickness relief fee can be paid lower than the local minimum wage standard, but not less than 80% of the minimum wage standard.

To sum up, as long as the employee's leave is not a statutory circumstance, then the employer needs to deduct wages, but the standard of deduction needs to be in accordance with the company's rules and regulations, as long as it does not violate the provisions of the law, then the situation of deducting wages is reasonable and legal, so the way to deal with different situations will be different.