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Unreasonable, weekend holidays and rests are stipulated by the company, and if you are not paid, the company will deliberately deduct you. Normally, there is.
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The salary during the probationary period shall not be lower than the minimum wage standard of the same position in the unit, or 80% of the labor contract, which shall be correctly understood to be implemented according to the higher one. Article 48 of the Labor Law stipulates that the state implements a minimum wage guarantee system, and the salary during the probation period shall not be lower than the local minimum wage standard. So, what you're saying is clearly unreasonable.
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It depends on what your company told you at the time. In some companies, the internship period is calculated on a daily basis, and one day of work is paid!
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Unreasonable, probationary employees also enjoy Sunday holidays.
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Saturdays are not paid when you come to Japan, and they are not the same as public holidays (New Year's Day, New Year's Day, etc.). It's just that the salary is paid on a monthly basis after the regularization, so I can't see it; The probationary period may be calculated on a daily basis, which appears to be less.
If you look at the Ministry of Labor and Social Security's Notice on the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year, when calculating the number of days in a month (how many days in a month are paid), you use (365-104) 12, and the 104 days subtracted are Saturdays and Sundays.
Of course, if you are scheduled to work on Sunday, you will be paid overtime.
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Aren't they all paid on a monthly basis? Are you paying on a daily basis?
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Legal analysis: There is a salary, and according to the provisions of equal pay for equal work, probationary workers are also entitled to paid leave on statutory holidays. If the suspension of work is caused by the employer, the employer shall pay the employee's wages according to the standard stipulated in the labor contract.
Legal basis: Labor Law of the People's Republic of China
Article 46 The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented. The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control over the total amount of workers' and workers' funds.
Article 51 The employer shall pay wages to a worker during the period of statutory holidays and marriage and funeral leave, as well as during the period of participating in social activities in accordance with law.
Interim Provisions on Payment of Wages》 Article 12 If the suspension of work or production is not caused by 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 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.
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There is a salary, according to the rules of equal pay for equal work, and probationary workers are also entitled to paid leave on statutory holidays. If the suspension of work is caused by the employer, the employer shall pay the employee's wages according to the standard stipulated in the labor contract.
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Summary. According to the relevant laws and regulations, during the probationary period and Sunday rest days, the employer is also required to pay the employee's wages in accordance with the labor contract.
The relevant laws and regulations stipulate the Labor Law of the People's Republic of China
Article 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with law.
During the probationary period, Sunday's rest day, is it not considered salary?
Hello, I am a partner lawyer of the platform, and I have received your question and am happy to answer it for you.
According to the provisions of the relevant law, during the probationary period and Sunday rest day, the employer is also required to pay the employee the salary in accordance with the labor contract. Article 51 of the Labor Law of the People's Republic of China stipulates that the employer shall pay wages to employees on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law.
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Legal analysis: It is not legal, according to the laws of our country, after the worker provides labor services, whether it is in the probation period or not, he should be paid. Wages are the wages and remunerations paid to workers in various forms by the employer in accordance with the provisions of laws and regulations and the provisions of the labor contract.
The probationary period is the term of the labor contract, and the employer shall pay the wages in accordance with the wage standard agreed in the labor contract in accordance with the law during the probationary period.
Legal basis: Article 20 of the Labor Contract Law of the People's Republic of China The salary of an employee during the probationary period shall not be lower than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.
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Summary. Hello dear, yes, there must be a statutory holiday salary during the probationary period, and according to the "Labor Contract Law", only the two parties can agree that the probationary salary can be at least 80% of the official salary
Hello, excuse me, I started the handover on the 1st of January, the day I signed the contract was the 1st, and then I also handed over to my predecessor on the same day, and the handover was a day, a normal statutory holiday on the 2nd, and I started to work normally on the 3rd, and the probationary period was one month. May I ask when calculating the salary, should the first time to be paid in January Kuankey No. 1?
If it is given, it is double or normal by day.
Hello dear, yes, there must be a statutory holiday salary during the trial period, and according to the "Labor Contract Law", the two parties can only agree that the salary during the probation period can be at least 80% of the official salary
Did you start your normal work on the 3rd?
The first day was handed over.
It's also considered to be work.
Does the company give you attendance records on the 1st?
Does the handover count as going to work?
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There is no contract, and this matter is not easy to solve, because you are not said to have tried it out in this hotel for a week. If you can prove that they admit that you have been on probation for a week, then you can ask the hotel to give you a proper salary, because the probationary period is paid, but the salary is not high, and it is not lower than the minimum staff wage of the hotel. >>>More
It's much better than having someone write here.
There are three types of situations in which the employer dismisses or terminates the labor contract: 1. If the employee falls under Article 39 of the Labor Contract Law, the employer is not required to notify the employee 30 days in advance and is not required to pay economic compensation; 2. If the labor contract is terminated in accordance with the relevant provisions of the Labor Contract Law or the provisions of the labor contract, and in accordance with Article 46 of the Labor Contract Law, economic compensation shall be paid to the employee in accordance with Article 47; If the employer fails to notify the employee in writing 30 days in advance, it shall also pay the employee an additional month's salary in accordance with Article 40 of the Labor Contract Law. 3. If the employer violates the provisions of the Labor Contract Law and the provisions of the labor contract, the employer shall pay compensation to the employee in accordance with Article 1 of the Labor Contract Law, which is twice the economic compensation. For details of the scope of calculation of severance payments, please refer to Article 27 of the Regulations for the Implementation of the Labor Contract Law. The employer shall also provide the employee with a certificate of termination of the labor contract as stipulated in Article 1 of the Labor Contract Law, and the content of such certificate shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.
Hello; This "probationary period" is your title, and there are three sets in total. The choice is yours. There is no time limit. >>>More