How to deduct leave pay Is there a legal basis

China's labor law stipulates that statutory holidays include National Day, but the statutory National Day holiday is 3 days! Wages for statutory holidays shall be paid in accordance with the law. In other words, only three days of your holiday should be paid according to the law!

But your company's calculation is still wrong! An employee's monthly salary is actually paid for working hours other than weekly holidays! (i.e. five days of work per week).

In other words, the time when the salary should be deducted is: 3 days of salary for your leave + (7-3 statutory holidays - 2 weekly holidays) of salary!

In the end, the company can only deduct 5 days of your salary!

Did you take a leave of absence during the eleventh day? If so, there should be no deduction

What are the rules and regulations of your company for deducting wages for leave, and National Day is a statutory rest day and is paid. Keyun (Corwing), to consult with Keyun, find a lawyer on Keyun, Keyun lawyer group professional legal services.

1. Personal leave. No wages for personal leave - Opinions of the Ministry of Labor on the wages and benefits of overtime, personal leave, sick leave and suspension of work for workers and employees of enterprises (59] Zhong Lao Xin Zi No. 67) "1 Workers in an enterprise, due to the different nature of their work, can enjoy overtime wages when they work overtime, so they will not be paid wages during the general personal leave."

2. Sick leave. Article 47 of the Labor Law stipulates that "an employer shall independently determine the wage distribution method and wage level of its unit in accordance with the law in accordance with the characteristics of its production and operation and its economic benefits".

Notice of the Ministry of Labor on Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China (Lao Bu Fa No. 1995 309) 59 "During the period of illness or non-work-related injury, the enterprise shall pay the sick leave pay or sickness relief expenses in accordance with the relevant provisions during the prescribed medical treatment period, and the sick leave pay or sickness relief expenses may be paid lower than the local minimum wage standard, but not lower than 80 of the minimum wage standard".

3. Annual leave, marriage and funeral leave, and family leave.

Annual leave, marriage and funeral leave, and family visit leave shall be paid to employees according to the standards stipulated in the labor contract - Article 51 of the Labor Law 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".

Article 11 of the Interim Provisions on Payment of Wages issued by the Ministry of Labor stipulates that "during the period when an employee is entitled to annual leave, family leave, marriage leave and bereavement leave in accordance with the law, the employer shall pay the employee's wages according to the standard stipulated in the labor contract".

Late marriage leave is regarded as attendance, and does not affect salary, benefits, and full attendance awards - see the "Population and Family Planning Regulations" of various places.

4. Maternity leave. Maternity allowance for maternity leave - Article 8 of the Special Provisions on Labor Protection of Female Employees "The maternity allowance for female employees during maternity leave shall be paid by maternity insurance according to the standard of the average monthly salary of employees of the employer in the previous year; For those who have not participated in maternity insurance, the employer shall pay them according to the standard of wages for female employees before maternity leave." "The medical expenses for childbirth or miscarriage of female employees shall be paid by maternity insurance in accordance with the items and standards stipulated in maternity insurance, and for those who have participated in maternity insurance; For those who do not participate in maternity insurance, the employer shall pay for it."

Late maternity leave is regarded as attendance and does not affect salary, benefits and full attendance awards – see the Population and Family Planning Regulations.

Legal Analysis: Under normal circumstances, it should be the gross salary divided by 22, (Saturday and Sunday are excluded, and only calculated by working days.) Multiply the number of days you take leave, which is the salary that should be deducted.

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 the employee a wage remuneration higher than the employee's normal working hour wage 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) 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: 1. Personal leave. According to the regulations, the amount of wages deducted for one day of personal leave = monthly salary is the number of monthly salary days stipulated by the Labor Law.

Monthly payroll days (365 days-104 days) 12 days. 2. Slip on sick leave. According to the regulations, the amount of salary deducted for one day of sick leave = monthly salary, of which 40% is the maximum deduction ratio, and the deduction ratio of general companies is less than 40%, and some companies have a certain number of days of paid sick leave.

In addition, the labor law stipulates that the daily wage after deduction shall not be less than 80% of the local minimum wage. 3. Annual leave and others. Paid leave, marriage leave, bereavement leave and other legal holidays stipulated by the state shall not be deducted from the wages of employees.

Legal basis: 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 the law.

Article 15 of the Interim Regulations on the Payment of Wages shall not be deducted from the wages of the labor-inspected actors. Under any of the following circumstances, the employer may withhold the employee's wages:

1) Individual income tax withheld and paid by the employer;

2) All social insurance premiums withheld and paid by the employer that should be borne by the employee;

3) Child support or alimony required to be withheld in court judgments or rulings;

4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.

If the leave taken is personal leave, the period of personal leave is not counted as attendance, and the average daily wage is 0; In the case of sick leave, it is generally 70% of the average daily wage; If it is marriage leave, maternity leave, paternity leave, bereavement leave, and annual leave, it will be in accordance with normal attendance, and no salary will be deducted. For sick leave pay, the employer can stipulate with the employee in the contract, as long as it is not less than 80% of the local minimum wage.

For personal leave pay, the enterprise can not pay it at all. Employees shall be paid their standard wages during the period of family visit leave and the period of travel during the prescribed period of home visit leave. When an employee gets married or an employee's immediate family members (parents, spouses, children) die, a marriage and funeral period of one to three days will be granted with the approval of the unit leader.

Wages are paid during the approved period of marriage and bereavement leave and travel leave. Employees can enjoy paid annual leave from their employers. Annual leave is generally 5 to 15 days.

Labor Law of the People's Republic of China

Article 51 Hidden.

The employer shall pay wages to employees during statutory holidays and marriage and funeral leave, as well as during periods of lawfully participating in social activities.

Interim Regulations on the Payment of Wages

Article 11. During the period when the employee is entitled to annual leave, home visit leave, marriage leave and bereavement leave in accordance with the law, the employer shall pay the employee's wages according to the standards stipulated in the labor contract.

If an employee takes personal leave, the employer may not pay the salary during the leave, but shall not withhold the salary for other working hours. If an employee takes sick leave, the employer shall calculate the salary in accordance with the provisions of laws and regulations.

It is illegal for pregnant female employees to deduct workers during prenatal examinations.

According to the relevant provisions of the "Provisions on the Labor Protection of Female Employees", pregnant female employees shall undergo prenatal examinations during the working hours of Zen destruction, and the time required shall be included in the working hours. Prenatal examinations for female employees should be treated as attendance, and cannot be treated as sick leave, personal leave, or absenteeism; For female workers on the front line of production, it is necessary to reduce the quota of production quota accordingly to ensure the time for prenatal examination. The normal prenatal check-up arrangement is protected by law, and some enterprises treat the prenatal check-up arrangement as a colleague leave, which may have the consideration of deliberately reducing labor costs, or they may not understand the details of the law.

In the event of a similar violation, the female employee must promptly raise an objection to the human resources department of the enterprise, and if a resolution cannot be reached through negotiation, the right remedy may be achieved through labor inspection, litigation, etc.

Legal basis: Article 91 of the Labor Law of the People's Republic of China If an employer infringes upon the legitimate rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation: (1) deducting or delaying the worker's wages without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

If an employee takes personal leave, the salary is generally deducted according to the product of the time of the leave and the daily or hourly wage. For example, if a worker asks for a full day, his or her wages for that day will be deducted. The specific provisions of the labor contract and the company's rules and regulations shall prevail.

Article 4 of the Labor Law of the People's Republic of China shall establish and improve rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations. Article 7 of the Interim Provisions on Payment of Wages shall 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 may be paid on a weekly, daily, and hourly basis. Article 16 of the Interim Provisions on Payment of Wages If the employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary.

However, the monthly deduction shall not exceed 20% of the employee's salary for that month. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage. Article 9 of the Interim Provisions on Payment of Wages stipulates that both parties to the labor relationship shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract in accordance with the law.