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In accordance with Article 51 of the Labor Law, the employer shall pay wages on statutory holidays 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 The 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 = days. Labor Law of the People's Republic of China Article 44 In any of the following circumstances, the employer shall pay the employee a wage higher than the wage for normal working hours in accordance with the following standards: (1) If the employee is arranged to work for an extended period of time, the employer shall pay a wage remuneration of not less than 150% of the wage; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he shall be paid a wage remuneration not less than 300 percent of his wages.
Article 45 The State implements a system of paid annual leave. Workers who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.
Article 51 The employer shall pay wages to a worker on statutory holidays, marriage and funeral leave, and during the period of participating in social activities in accordance with the law.
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Legal analysis: calculated according to the wages agreed in the labor contract, the employee's attendance, performance appraisal scores, and overtime;
Legal basis: Labor Law of the People's Republic of China
Article 44 In any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for 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 wages shall be paid;
(2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, 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.
Article 45 The State implements a system of paid annual leave. Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.
Article 51 The employer shall pay wages to a worker on statutory holidays, marriage and funeral leave, and during the period of participating in social activities in accordance with the law.
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Salary calculation: daily wage = monthly salary income number of monthly salary days; Hourly wage: monthly salary income (8 hours of paid days per month). Wages refer to the wages and remuneration paid by the employer to the employee in various forms in accordance with the provisions of the labor contract.
Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.
1. How to calculate overtime wages and hourly wages.
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 = days. 【Overtime pay】The calculation method of overtime pay is as follows:
Wages and remuneration for extended working hours: hourly wages and actual extended hours. Wages and remuneration for working hours on rest days:
Daily wage 2 (times). Remuneration for working hours on statutory holidays: 2 (times) of daily wage (Note:
My original salary will not be deducted). 【Personal Leave Absenteeism Pay】Calculation standard for deducting personal leave and miner's wages: daily wage:
Monthly salary income The number of days (days) of monthly salary. Actual salary after deducting personal leave = monthly salary - daily salary Number of days of personal leave (excluding public holidays).
2. How to calculate overtime wages?
According to the notice of the Ministry of Labor on the issue of the annual average monthly working hours and wage conversion of employees (Lao She Bu Fa [2008] No. 3), daily wage = monthly wage income and monthly salary days), hourly wage = monthly wage income (hours). Article 13 of the Interim Provisions on Payment of Wages stipulates that if an employer arranges an employee to work beyond the statutory standard working hours according to actual needs after the employee has completed the labor quota or prescribed work tasks, it shall pay the employee wages according to the following standards: (1) If the employer arranges the employee to work longer hours beyond the statutory standard working hours in accordance with the law, the employer shall pay the employee wages 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 a compensatory break, the employer shall pay the employee's 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, it 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 wages at a rate not less than % of the unit price of the piece-rate working hours of the employee in accordance with the principles stipulated above.
Article 50 of the Labor Law of the People's Republic of China.
Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 7 of the Interim Provisions on Payment of Wages.
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 weekly, daily, and hourly wage systems are implemented.
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Legal analysis: monthly actual salary = monthly salary Actual number of days of attendance, calculation method of overtime pay on working days: monthly salary overtime hours times; How to calculate overtime pay on weekends and weekends:
Monthly wage: 2 times the number of overtime hours; The calculation method of overtime pay on statutory holidays: the number of overtime hours carried by monthly workers is 3 times.
Legal basis: Article 44 of the Labor Law of the People's Republic of China In any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the employee for normal working hours according to 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) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid;
3) If a worker is arranged to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300% of the wage.
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There are roughly the following three ways to calculate the monthly salary system: fixed monthly salary Number of days of attendance) Actual number of days of attendance Fixed monthly salary Ordinary overtime hours Fixed monthly salary 2 Overtime hours on weekends; b:
Fixed monthly salary Fixed monthly salary Number of days absent) Fixed monthly salary Weekday overtime hours Fixed monthly salary 8 2 Weekend overtime hours; : Fixed monthly salary Actual number of days of attendance Fixed monthly salary Weekday overtime hours Fixed monthly salary 8 2 Weekend overtime hours.
Notice on Issues Concerning the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year
2. Conversion of daily and hourly wages According to the provisions of the Labor Law, the employer shall pay wages on statutory holidays 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 The 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 = days.
Interim Provisions on Payment of Wages".
Article 7 Wages must be paid on the date agreed between the employer and the worker. 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 weekly, daily, and hourly wage systems are implemented. Article 13 After a worker has completed the labor quota or the prescribed work task, the employer shall pay 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 employee wages at a rate not lower than 150% of the employee's hourly wage as 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 a compensatory break, the employer shall pay the employee's 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 worker to work on statutory holidays and holidays in accordance with the law, the employer shall pay the employee's wages at a rate not lower than 300% of the employee's daily or hourly wage as stipulated in the labor contract.
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