Labor law: How to calculate the salary of employees who have a month off for a month

First of all, read the legal provisions first, and if you don't understand it, read the explanation.

1. If the employer stops work or production for reasons not attributable to the employee, the employer shall pay the employee's wages according to the standard stipulated in the labor contract within one wage payment cycle. (The boss stops work and production within a month, and you need to pay your salary as you normally work, such as 6,000 yuan a month, you have to pay it normally).

2. The suspension or suspension of production of the unit is not caused by the laborer, and the wage payment cycle is exceeded

1) If the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; (If the boss stops work and production for more than a month, such as a month and a half of shutdown, the salary of the more than half a month will be paid according to your normal work salary if you go to work).

2) If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state. The employer may determine the local minimum wage between 70 and 80 at its discretion. (If the boss stops work and production for more than a month, such as a month and a half of shutdown, and you do not go to work for half a month's salary, you will be paid 70-80% of your basic salary).

Then, combined with the above legal provisions, whether it is the company's shutdown, the Spring Festival holiday, or the off-season holiday, the boss must pay your salary:

1) If the holiday time is within one month, the boss needs to pay your salary according to your previous normal working month (the actual salary (generally the month of more than one day is normal);

2) If the holiday time is more than one month, the first month will be paid according to the above method, and the holiday after more than one month of vacation will be paid according to the actual shift salary if there is work, and 70-80% of the basic salary will be paid if there is no work.

Secondly, there is a special situation, the company deliberately gives you a holiday, which involves whether the relevant provisions of the labor contract are violated, and the specific situation needs to be analyzed on a case-by-case basis, so I will not explain it here.

Some friends will say, is it legal for many companies to only pay basic salaries for these holidays you mentioned? At this time, it depends on the specific composition of your salary, after excluding overtime wages, it is your normal working hour salary.

Finally, according to past cases, many companies only pay basic salary on vacation, which is actually illegal, and it is not timely and full payment of labor remuneration.

Legal analysis: The wages and working hours within one month of the holiday are calculated as normal work.

Legal basis: Article 12 of the Interim Provisions on Payment of Wages stipulates that if the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the employee wages according to the standard stipulated in the labor contract.

If the period of wage payment exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant regulations of the National Bridge.

Legal Analysis: Except for employees who work irregular hours, if an employer arranges overtime work on holidays, the overtime wages shall be calculated proportionally in accordance with the law. The basis for calculating the overtime pay of the employee shall be based on the monthly salary agreed in the labor contract.

Legal basis: Interim Provisions on Payment of Wages Article 13 If an employer arranges a worker to work beyond the statutory standard working hours according to actual needs after the employee has completed the labor quota or the prescribed work tasks, it shall pay the wages according to the following standards:

1) If the employer arranges for the employee to work longer than the statutory standard working hours in accordance with the law, the employer shall pay the wage of the worker at a rate not lower than 150% of the employee's hourly wage standard stipulated in the labor contract;

2) If the employer arranges for the worker to work on a rest day in accordance with the law, but cannot arrange compensatory leave, the employer shall pay the employee wages at a rate not lower than 200% of the employee's daily or hourly wage as stipulated in the labor contract;

3) If the employer arranges for the employee to work on statutory holidays and holidays in accordance with the law, the employer shall pay the employee wages at a rate not lower than 300% of the employee's daily or hourly wage as stipulated in the labor contract.

If an employee who is subject to piece-rate wages is arranged by the employer to extend his working hours after completing the piece-rate quota task, he or she shall be paid his or her rotten wages at a rate not less than % of the unit price of the piece-rate working hours in accordance with the principles stipulated above.

With the approval of the labor administrative department, the part of the comprehensive calculation of working hours exceeding the statutory standard working hours shall be regarded as extended working hours, and the wages for extended working hours shall be paid to the laborers in accordance with these provisions.

Employees who practice the irregular working hours system are not subject to the above provisions.

The wages and working hours of the holiday within one month are counted as normal work.

Legal basis. Article 12 of the Interim Provisions on Payment of Wages Article 12 If the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the employee the wage code according to the standard stipulated in the labor contract. If the wage payment cycle exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.

One payroll cycle is one month.

Pay a basic salary.

Legal basis: According to Article 12 of the Interim Provisions on Wage Payment of the Ministry of Labor, if the company has a holiday within a payment cycle of industrial fiber and rubber furniture, the company shall pay the wages of the employee according to the standard stipulated in the labor contract. If the wage payment cycle exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker does not provide normal work, he shall be paid a living allowance according to the standard stipulated by the local government.

Legal analysis: If the employer pays leave to the employee, if the employer stops work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the employee's wages according to the standard stipulated in the labor contract.

Legal basis: Article 12 of the Interim Regulations on the Payment of Wages Article 12 If the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the wages of the employee according to the standard stipulated in the labor contract. If the wage payment cycle is exceeded, if the worker provides normal labor, the remuneration paid to the worker shall not be lower than the local minimum wage standard, and the worker does not provide normal labor, which shall be handled in accordance with the relevant provisions of the state.

Article 44 of the Labor Law stipulates that under any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for the ordinary working hours of the employee according to the following standards: If the employee is arranged to work longer hours, the employee shall be paid a salary remuneration of not less than 150% of the wage; If the worker is assigned to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200% of the wage; If an employee is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages. The Spring Festival holiday arrangement in 2022 is from January 31 to February 6, 2022, a total of 7 days, of which February 1 to 3 is a statutory holiday.

Therefore, if an employer arranges an employee to work on a statutory holiday from February 1 to 3, it should pay overtime wages at a rate not less than 300% of the base amount of the employee's daily or hourly overtime wage, and shall not offset it with compensatory leave. If an employee is arranged to work overtime on January 31 and February 4 to 6, he or she shall first be arranged to take a compensatory break, which shall not be less than the overtime time, and if the compensatory rest cannot be arranged, the overtime wage shall be paid at a rate not less than 200% of the base amount of the employee's daily or hourly overtime wage.