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1. According to the provisions of the Labor Law and the Notice of the Ministry of Labor and Social Security of the People's Republic of China on the Conversion of Employees' Average Monthly Working Hours and Wages throughout the Year, the statutory public holidays are 104 days a year, and the statutory holidays are 11 days, and the working hours and overtime wages are calculated according to the following prescribed methods: aCalculation 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 days Quarterly monthly working days:
250 days 12 months day month bConversion of daily and hourly wages: Calculation of working hours:
Multiply the working days by monthly, quarterly, and annual workdays by the daily 8-hour daily wage: monthly wage income Monthly pay days Hourly wage: monthly wage income (monthly pay days 8 hours) Monthly pay days (365 days-104 days) December day c
Calculation of overtime wages: Overtime pay for extended working hours per day: (8 hours of actual working hours) Hourly wages 150% Overtime wages on statutory public holidays:
200% of the daily wage Overtime pay on statutory holidays: 300% of the daily wage Based on this, you should be able to see that there is definitely overtime when four days off per month. 2. The practice of the unit is illegal, if you still want to continue to work, you can complain to the local labor law enforcement inspection brigade, they will supervise and inspect in accordance with the "Labor Security Supervision Regulations", and order correction; If you don't want to do it here, you can directly apply for labor arbitration at the labor administrative department to protect your legitimate rights and interests.
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Different companies have different regulations.
The one-day off and one-day work system means that there is no need to pay overtime wages on weekends and weekends.
In order to ask for overtime wages on weekends, Pan Jingbo took the gold shop to court by a child who worked in the gold store. Recently, the Shanghai No. 1 Intermediate People's Court made a final judgment, determining that the unit implements "one day off and one day off" and does not need to pay overtime wages on weekends. Standard working hours refer to the system of working days and working weeks that are generally applicable under normal circumstances and are arranged in accordance with the normal work and rest system.
The working hours have the following characteristics:
1) Working hours are the time when workers fulfill their labor obligations. According to the labor contract, the employee must provide labor for the employer, and the time when the employee provides labor is the working time. There are three types of working hours, working days and working weeks, of which the working day is the working time in one day and night, which is the basic form of working time.
2) Working hours are not limited to actual working hours. The scope of working hours includes not only working time, but also preparation time, end work time, and statutory non-labor consumption time. Among them, the statutory non-labor consumption time refers to the time when the worker is naturally interrupted, the time when the process needs to be interrupted, the time when the worker is suspended from work, the time when the female employee breastfeeds the baby, the time when the employee travels, etc.
In addition, working hours also include the time for leaving the post to engage in other activities in accordance with laws, regulations or administrative arrangements of the unit.
3) Working hours are one of the bases for employers to calculate and pay employees' remuneration. Employees can obtain corresponding wages and benefits by providing labor at the time agreed in the labor contract. Those who work overtime can get overtime wages.
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Because there are seven days a week, one day off, and the number of days off each week is different, so, in two weeks, that is, fourteen days, two weeks, if you work for five days, take two days off, and take 7 hours a day, that is, work 10 * 7 = 70 hours, if you do one day off, work 7 days, one hour a day, that is, work 7 * hours, so work for five days, 7 hours a day, and rest for two days is easier.
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Work 5 days for 5 days off, or work 5 days for 2 days off, which do you want it to be?
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Legal analysis: If you have to calculate according to the labor law, it must be illegal, but now many companies are doing six days off, and four days off a month, as long as the contract has signed this branch brother, it is not legal!
Legal basis: Article 41 of the Labor Law of the People's Republic of China Due to the needs of production and operation, an employer may extend the working hours after consultation with the labor union and the workers, which shall generally not exceed one hour per day; Where it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day under the condition of ensuring the health of the worker, but shall not exceed thirty-six hours per month.
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Legal analysis: 4 days off a month, a month is 26 days, you can go up for 26 days, you are full of lead work, pay full salary.
Legal basis: Article 50 of the Labor Law of the People's Republic of China shall pay wages in the form of money to the laborers on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
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It is not legal to take only four days off a month.
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. The employer shall ensure that the employee has at least one day off per week. Due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, and the general consumption shall not exceed one hour per day and 36 hours per month.
Legal basis: Article 36 of the Labor Law.
The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours, and the average working hours of a pure weekly shall not exceed forty-four hours.
Article 40. Employers shall arrange leave for employees during the following holidays in accordance with the law:
a) New Year's Day; 2) Spring Festival;
3) International Labor Day;
4) National Day;
5) Other holidays and holidays as provided for by laws and regulations.
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Summary. If you are a regular employee, then under normal circumstances, even if you work 17 days a month and take a day off, you will be paid. However, the actual situation will also be handled according to the regulations of your company, and you can consult with your supervisor or HR manager.
Hello dear, if you are a regular employee, then under normal circumstances, even if you work 17 days a month and take a day off, you will be paid. However, the actual situation should be handled according to the regulations of the company you work for, and you can consult your prudential supervisor or HR manager.
I worked 17 days in February, with a day and a half off, how do I get paid?
Calculated according to the number of days: 17 days of work, the usual one-month salary cavity is eliminated by 17, that is, the average daily wage of flat limbs is multiplied by 17 days, plus half a day of rest, and half a day's salary is counted as a round and quiet.
I came in February, and I won't do it at the end of the month. My colleague also came this month, and she was paid for her breaks, and said I didn't.
This situation depends on how the manager calculates, some others are still paid for rest, and some are not paid for rest.
Generally speaking, statutory holidays are paid.
There will be no deductions. I did it by the end of this month and resigned. The rest that people still do here is counted as salary. We're still together.
That doesn't make sense.
Because you are ruined and resigned at the end of the month, you generally do not enjoy this paid rest, and you come with you or continue to work, so you enjoy paid leave, everyone has different benefits and rights, not necessarily exactly the same, but if there is a situation of salary inconsistency, you can contact your superiors, communicate directly with the boss, and make a reasonable explanation, in order to protect the interests of your fiber bureau. Inspect before.
If it is clearly stated at that time that the rest pay will be paid the same, then you can ask the manager to explain it.
Her rest counts as salary, and mine as salary. Wages are certainly not the same.
Dear, because your situation is different, you will stop doing it at the end of this month, and he will continue to do it.
At that time, I had a four-day break during the interview.
If you have clearly stated that you are on paid leave before you do it, I can help you defend your rights.
Rights. Dear, are you taking a leave of absence for four days?
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It is not legal to take only four days off a month. The working hours of workers shall not exceed eight hours per day and the average weekly working hours shall not exceed forty-four hours. The employer shall ensure that the worker has at least one day off per week.
Article 40 of the Labor Law The employer shall arrange leave for the employee during the following holidays in accordance with the law: (1) New Year's Day; 2) Spring Festival; 3) International Labor Day; 4) National Day; 5) Other holidays and holidays as provided for by laws and regulations.
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