Labor laws dictate the number of working days per month

Article 36 The State implements a system of working hours in which the daily working hours of laborers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours.

Article 37 The employer shall reasonably determine the labor quota and piece-rate remuneration standards for laborers who work on a piece-rate basis in accordance with the working hours system provided for in Article 36 of this Law.

Article 38 The employer shall ensure that the worker has at least one day off per week.

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 3 hours per day but shall not exceed 36 hours per month under the condition of ensuring the health of the worker.

Notice on the issue of the average monthly working hours of employees and the conversion of wages throughout the year.

Ministry of Labor and Social Affairs issued No. 3, 2008.

Labor and Social Security Departments (Bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government:

According to the provisions of the "Measures for the Holidays of National Festivals and Memorial Days" (Order No. 513), 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 quarterly days quarterly.

Monthly working days: 250 days in December.

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) 12 days.

3. On March 17, 2000, the Ministry of Labor and Social Security issued the "Notice on Issues Concerning the Conversion of Employees' Average Monthly Working Hours and Wages for the Year" (No. 8 of 2000 issued by the Ministry of Labor and Social Security) and repealed at the same time.

Ministry of Labour and Social Security.

January 3, 28.

Legal Analysis: The Labor Law stipulates that employers should ensure that employees have at least one day off per week, that is, 30 or 29 working days per month. Article 36 of the Labour Law stipulates that the State shall implement 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.

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 38 The employer shall ensure that the worker has at least one day off per week.

Labor laws stipulate a 22-23 working day per month. The Labor Code does not stipulate the monthly working hours of an employee, but it does stipulate the weekly working hours. The Labor Law does not specify the monthly working hours, but there are some related provisions, such as the daily working hours of employees shall not exceed eight hours, and the average weekly working hours shall not exceed 44 hours, and the employer shall ensure that employees have at least one rest day per week, and those who exceed this time will work overtime, and they should also rest on statutory holidays.

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 38 The employer shall ensure that the worker has at least one day off per week.

Article 40 An employer shall arrange leave for its workers 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.

According to the regulations, the average working hours shall be 26 days a month, at least one day off per week, the overall working hours shall not exceed 44 hours, and the daily working hours shall not exceed 8 hours.

According to the relevant laws, the employees of an enterprise and the enterprise may sign a collective contract on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, etc. The draft of the collective contract shall be submitted to the workers' congress or all employees for discussion and approval. Collective contracts are signed by trade unions and enterprises on behalf of employees; In enterprises that have not established a trade union, the contract shall be signed with the enterprise by the representatives elected by the employees of the pure crack.

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 generally shall 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.

Employers must establish and improve the labor safety and health system, strictly implement the national labor safety and health regulations and standards, and provide labor safety and health education to workers, so as to prevent accidents in the labor process and reduce occupational hazards.

The State shall establish a system for reporting and handling the statistical sources of accidents and occupational diseases. The labor administrative departments of the people's governments at or above the county level, relevant departments and employers shall, in accordance with the law, count, report and deal with the accidents and occupational diseases of workers that occur in the course of labor.

Within the employer, a labor dispute mediation committee may be established. The Labor Dispute Mediation Committee is composed of employee representatives, employer representatives and trade union representatives. The chairman of the labor dispute mediation committee shall be a representative of the trade union.

Labor Law of the People's Republic of China

Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If he is dissatisfied with the arbitral award, he may file a lawsuit with the people's court.

No more than 44 hours. The law stipulates that workers may not work more than 8 hours per day and 44 hours per week. If the overtime work exceeds 8 hours, the employee shall be paid overtime remuneration, and the maximum overtime work per day shall not exceed 3 hours.

Labor Law of the People's Republic of China Article 36 The daily working hours of the workers of the State shall not exceed eight hours, and the average weekly working hours of Huaiheng shall not exceed forty-four hours.