Whether wages are calculated on the basis of 20 83 days or 21 75 days

Monthly working days, monthly salary days.

In accordance with the Labor Code

Article 51 stipulates that statutory holidays.

The employer shall pay wages in accordance with the law, that is, the 11 statutory holidays stipulated by the state shall not be excluded when converting daily wages and hourly wages. Accordingly, the daily wage and hourly wage are converted as:

Daily wage: monthly salary income Number of days of monthly salary.

Hourly wage: monthly salary income (8 hours of paid days per month).

Monthly payroll days (365 days, 104 days) December 21 75 days.

On 17 March 2000, the Ministry of Labour and Social Security promulgated the Circular on Issues Concerning the Conversion of Employees' Average Monthly Working Hours and Wages throughout the Year, which was repealed at the same time.

The calculation base of overtime wages shall be the amount of wages after deducting bonuses from the total salary of the employee in the current month (including allowances and post wages, etc.), but shall not be less than 70% of the monthly salary and the annual minimum wage standard of the city. Where the relevant provisions of the labor contract are higher than the statutory standards, such provisions shall prevail.

If the working hours are extended beyond the statutory standard working hours, the enterprise shall pay the employee at a rate not lower than 150% of the hourly wage, or arrange compensatory leave for the employee; When working on rest days, the enterprise should arrange compensatory time off first; If compensatory leave cannot be arranged, it shall be paid at a rate not lower than 200% of the employee's daily or hourly wage;

If the employee works on statutory holidays and holidays, the enterprise shall pay the employee at a rate not lower than 300% of the daily or hourly wage, and shall not replace it with compensatory leave. Overtime pay is 150% of the employee's salary on weekdays, 200% on weekends, and 300% on national holidays. However, this is only the proportion set by the state, and the key to the amount of overtime pay is the wage base.

Many people can't tell the difference between the sky and the sky.

According to the provisions of the Notice on the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year (No. 3 of 2008 issued by the Ministry of Labor and Social Affairs), the working hours of the day system are the average monthly working hours calculated in a whole year.

In fact, when it comes to a month, it does not mean that there are only 1 working days in a month, some months may have to work 23 days, and some months may only work 19 days, which is an average.

It is the number of days of monthly salary, that is, the number of days for which the salary is to be paid, and it is also an average, which is the average number of days of monthly salary calculated in a whole year, and cannot be understood as only working days in a month.

Days are used to calculate working hours, and days are used to calculate wages, and the two should not be confused.

The Ministry of Labor and Social Security yesterday issued the "Notice on the Conversion of Average Monthly Working Hours and Wages of Employees throughout the Year" in its official **, adjusting the calculation of working hours of the employee system and the method of wage conversion.

The notice pointed out that according to the provisions of the "Measures for Holidays on National Festivals and Memorial Days" (Order No. 513 of ***), the holiday period for all citizens has been increased from the original 10 days to 11 days. Accordingly, the average number of days worked by the system and the wage conversion method for employees throughout the year are adjusted as follows:

1. Calculation of working hours of the system.

Annual working days: 365 days, 104 days (rest days), 11 days (statutory holidays), 250 days.

Quarterly working days: 250 days 4 quarters 62 5 days quarter.

Monthly working days: 250 days December 20 83 days month.

Calculation of working hours: multiply the number of working days by the 8 hours per day in a monthly, quarterly or annual period.

2. Conversion of daily and hourly wages.

In accordance with Article 51 of the Labor Law, employers shall pay wages on statutory holidays in accordance with the law, i.e., the 11 statutory holidays stipulated by the state shall not be excluded when converting daily wages and hourly wages. Accordingly, the daily wage and hourly wage are converted as:

Daily wage: monthly salary income Number of days of monthly salary.

Hourly wage: monthly salary income (8 hours of paid days per month).

Monthly payroll days (365 days, 104 days) December 21 75 days.

3. On March 17, 2000, the Ministry of Labor and Social Security issued the Circular on Issues Concerning the Conversion of Employees' Average Monthly Working Hours and Wages (issued by the Ministry of Labor and Social Security). Eye 2000?Acting No. 8) shall be repealed at the same time.

The number of days of pay is calculated on a daily basis. The calculation is as follows:

1. Annual working days: 365 days - 104 days (rest days) - 11 days (statutory holidays) 250 days;

2. Quarterly working days: 250 days, 4 quarters, days, quarters;

3. Daily wage: monthly pure stool salary income and monthly salary days;

4. Hourly wage: monthly salary income (monthly salary days * 8 hours);

5. Monthly salary days (365 days-104 days) December days;

6. Calculation method of overtime pay on working days: monthly wage, overtime hours * times; Calculation method of overtime pay on weekends and weekends: monthly wage, overtime hours * 2 times; Calculation method of overtime pay on statutory holidays: monthly wage, overtime hours * 3 times.

Days are only used to calculate the wage base, which means that when the wage base is needed to calculate daily wages, overtime pay, leave deductions, etc., it is calculated on a daily basis.

Legal basis

Labor Law of the People's Republic of China

Article 36 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 forty-four hours. Article 41 Due to the needs of production and operation, an 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. Article 44 In any of the following circumstances, the employer shall pay a surplus of wages and remunerations higher than the wages of the workers during normal working hours in accordance with the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid;

2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid;

3) If a worker 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.

Legal analysis: The calculation of wages is calculated by dividing the monthly salary by the days because this is the reason for the dispersion of the sun as stipulated by the relevant laws of our country. Because according to national regulations, the number of days of salary calculation of the monthly salary of the chain is (365 days - 104 days), which is the total number of days minus the total number of vacation days, and then divided by 12 months to calculate the number of days.

The employer shall pay the wages to the worker himself. If the worker is unable to receive wages for any reason, his relatives or entrusting others to collect the wages on his or her behalf. The employer may entrust the bank to pay the wages on behalf of the employer.

Legal basis: Article 51 of the Labor Law of the People's Republic of China The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law.

Summary. Wages are calculated on a daily basis.

Whether the salary is calculated by day or by day.

Wages are calculated on a daily basis.

I'm still a little confused, can you be more detailed?

1. Monthly working days: (365 days - 104 days (rest days) - 11 days (statutory holidays)) December = days and months. 2. Monthly salary days = (365 days - 104 days) December = days.

3. Due to the disparity of 11 days, the calculation results are different, so the applicable situations are also different. For example, the basic salary (monthly standard salary) is 5,000 yuan, then the daily wage (8 hours) is 5,000, because the company pays wages on this day, and does not deduct 11 statutory holidays throughout the year (the statutory holidays themselves are paid rest, and the company does not deduct wages); For example, if you have been working for three months, and you only work 10 days a month, and you take leave for the rest of the month, then the company should deduct one day's salary, not one day's salary.

That is, if you work for one day in a month, you must be paid one day's salary, and the day is a paid rest (statutory holiday), which is calculated according to the whole year, and has little practical significance.

Legal Analysis: Reasonable. 1.

The labor law stipulates that the standard number of working days per month is days, and this result does not include national statutory holidays and weekends2Statutory holidays and weekends are unpaid3In the case of overtime work on holidays and weekends, three or two times the overtime wages shall be paid.

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.

Legal analysis: After deducting weekends and holidays, the average number of days of salary per month: 261.

Legal basis: Interim Provisions on Payment of Wages Article 7 Wages must 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 those who implement a weekly, daily, and hourly wage system can pay wages according to the weekly, daily, and small traces of Jizhou.