How to deduct wages for personal leave? Thank you

If there is no provision, it belongs to the employer's autonomy in employment and can be negotiated, and there is no salary for personal leaveAccording to the law, the employer can deduct the employee's salary for personal leave. As for whether the deduction of wages by the unit is reasonable, the following calculation methods are provided for reference: 1. Daily wage:

The daily wage is calculated as the basic salary, which can calculate your actual daily salary. The basic salary is the salary agreed in your employment contract, not the actual salary you get in the current month.

The number of monthly pay days is instead of. 2. The amount of wages you should have: The basic salary minus your overtime pay, allowances, and subsidies is your actual salary.

3. The number of take-home wages: the wages due to you will be deducted from the wages for the number of days of personal leave, the amount of social insurance, and personal income tax (if any), and the rest is your salary.

The so-called personal leave refers to the leave that employees ask for from the employer because of their own affairs. Since personal leave is not official and is not a state-mandated holiday of a welfare nature, personal leave is usually unpaid.

In calculating the amount of wages to be deducted for personal leave, the focus is on how to determine the daily wage standard. Once the daily wage rate has been determined, simply multiply the daily wage by the number of days of personal leave to get the deduction amount. For the daily wage standard, there are two ways to do it in the current unit:

1) The daily wage shall be calculated according to the pay day of the month of personal leave. The amount of daily wages is obtained by dividing the current month's salary by the current month's pay day. The disadvantage of this is that the monthly pay days are inconsistent, and when the working days are fewer, the salary will be deducted more than in the month with more working days, and it is relatively cost-effective to take personal leave in the month with more working days;

2) The daily wage shall be calculated according to the average monthly pay day of the whole year. There are a total of 52 weeks in the year, and there are 104 days off without pay, and 365 days are subtracted from the number of days off to get 261 pay days, which are divided into 12 months, which are days (note that there are 11 national holidays in the year that do not work, but are paid. Therefore, the average working day of the month is days).

The disadvantage of this is that when an employee takes a lot of personal leave in a month with more working days, you will find that his salary is not enough to deduct, and if he takes a full month of personal leave in a month with more national holidays, even if he excludes the national holiday salary, he will be paid without going to work.

Ordinary workers have sick pay during sick leave, and personal leave is generally not paid, let alone bonuses.

If the employee does not provide work, it is okay not to pay wages during the personal leave. However, it is illegal to deduct wages from other working days.

Interim Provisions on Payment of Wages", and the regulations on the payment of wages in the province where the worker is located.

First of all, personal leave will be deducted from the salary of the day, and most companies have subsidies such as full attendance bonuses, so after personal leave, it is not only the salary of the day that will be deducted, but also the corresponding benefits.

Legal analysis: It should be implemented according to the company's rules and regulations, or the contract signed by both parties to make deductions. In practice, the company shall formulate rules and regulations, or implement them according to the provisions in the labor contract signed between the employee and the employer, but the company's rules and regulations cannot exceed the mandatory and principled provisions of the law.

Legal basis: Article 47 of the Labor Law of the People's Republic of China stipulates that an employer shall independently determine the wage distribution method and wage level of the employer in accordance with the law according to the characteristics of its production and operation and economic benefits.

1. If the total amount of personal leave of the staff does not exceed 20 days or the one-time personal leave does not exceed 15 days (excluding public holidays, the same below), the original salary shall be paid accordingly.

2. If a staff member takes personal leave for more than 20 days or takes a one-time personal leave for more than 15 days in a year, the salary for the excess days shall be calculated and paid at 70% of his or her basic salary.

3. If the staff takes personal leave for more than 30 days in a year, the salary for the excess days shall be calculated and paid according to 50% of the basic salary of the staff member 4. If the staff takes personal leave for more than 60 days in a year, all the salary of the employee shall be suspended for the excess days.

5. Any staff member who leaves his post without asking for leave, or fails to return after the expiration of his leave without renewing his leave, shall be punished as absenteeism.

Legal basis: Article 9 of the "Measures for the Implementation of Paid Annual Leave for Staff of Organs and Institutions" If an organ or institution has arranged annual leave, and the staff member has not taken it and has any of the following circumstances, he or she shall only enjoy the salary income during the normal working period:

1) Failure to take annual leave due to personal reasons;

2) The cumulative amount of personal leave has exceeded the number of days of annual leave that the person should take, but is less than 20 days.

<> "Employee Personal Leave Salary Deduction Standards are as follows:

1. The salary deduction standard for each day of personal leave is the monthly basic salary day;

2. The salary deduction standard for employees taking personal leave is 8 hours per month basic salary.

Employees who need to take leave due to personal or family reasons can apply to the employer, and the personal leave approved by the employer is unpaid leave, and according to the company's rules and regulations and the labor contract, the personal leave is calculated in days or hours, provided that the mandatory and principled provisions of the law cannot be exceeded.

Labor Law of the People's Republic of China

Article 50. Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed. Article 51.

During the period of statutory holidays, marriage and funeral leave, and the period of participating in social activities in accordance with the law, the employer shall defer the payment of wages in accordance with the law.

Regulations on Paid Annual Leave for Employees

Article 2. Employees of government agencies, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, etc., who have worked continuously for more than one year, are entitled to paid annual leave (hereinafter referred to as annual leave). The employer shall ensure that the employee is entitled to annual leave.

During the annual leave, the employee is entitled to the same deferred salary as during the normal working period. Article 3.

Employees who have worked for 1 year but less than 10 years shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; Those who have completed 20 years of leave will take 15 days of annual leave.

National statutory holidays and rest days are not included in the annual leave.