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The amount of payment for five insurances and one housing fund is different in each region, and the base is based on the total salary. Some enterprises have a basic salary and some related subsidies when they pay it, but some enterprises only have a basic salary when they pay it, which is in violation of the law. The exact percentage should be consulted with the local labor department.
The wage base shall be subject to the Provisions on the Composition of Total Wages issued by the National Bureau of Statistics. According to the regulations, wages are made up of six parts: hourly wages, piecework wages, bonuses, allowances and subsidies, overtime wages, and wages paid in special circumstances.
In addition, it can be checked: according to the provisions of Guo Fa No. 1997 No. 26 "Decision on the Establishment of a Unified Pension Insurance System for Enterprise Employees", Guo Fa No. 1998 No. 44 "Decision on the Establishment of a Basic Medical Insurance System for Urban Employees" and the "Unemployment Insurance Regulations", the basic pension insurance premiums, basic medical insurance premiums and unemployment insurance premiums paid by enterprises are the total wages of employees. So what is the definition of gross salary?
According to Article 4 of the Decree No. 1 of the National Bureau of Statistics "Provisions on the Composition of Total Wages", the total wages are composed of the following six parts: 1. Hourly wages; 2. Piecework wages; 3. Bonuses; 4. Allowances and subsidies; 5. Overtime and overtime wages; 6. Wages paid under special circumstances.
Piece-rate wages include wages paid to individuals on the basis of turnover commission or profit commission. Therefore, bonuses and allowances belong to the category of total wages, and the employer should calculate the bonuses and commissions when making social insurance declarations.
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There is no basic salary including bonuses, overtime pay, etc.
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1. What does the monthly wage base mean?
1. The monthly wage base refers to the total amount of wages due to the employee, including hourly wages, or piecework wages, various subsidies, overtime pay, bonuses, and wages paid under special circumstances. If the total salary of the person is less than 60% of the average salary of employees in the province, municipality directly under the Central Government or Qin Ran Autonomous Region in the previous year, it shall be calculated as 60%; If it is higher than 300%, it will be calculated as 300%.
2. Legal basis: Article 46 of the Labor Law of the People's Republic of China.
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 wages.
Article 47 An employer shall, on the basis of the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and wage level of its unit in accordance with law.
2. How to solve the salary arrears for one month.
The solution for one month of salary arrears is as follows:
1. Communicate and negotiate to solve. Whether it is the incumbent sedan head bank or resignation, whether it is arrears of wages or no wages for no reason, you should first communicate and negotiate with the main person in charge of the company through normal channels, find out the reasons for arrears or non-payment, and then choose a reasonable way to deal with it, leaving room for the company and individuals.
2. If the negotiation fails, take up the law to protect legitimate rights and interests. Through negotiations with the main person in charge of the company, communication and negotiation fail, there is no other way but to take up the law to protect their legitimate rights and interests. However, you need to collect or keep some evidence that can prove that you have an employment relationship with the employer, such as a work card, salary card, attendance records, etc., or the insurance paid by the employer is the best evidence.
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Legal analysis: The monthly wage base refers to the total amount of wages due to the employee, including hourly wages, or piecework wages, various subsidies, overtime pay, bonuses, and wages paid under special circumstances. If the total salary of the employee is less than 60% of the average salary of employees in the province, municipality directly under the Central Government or autonomous region in the previous year, it shall be calculated as 60%; If it is higher than 300%, it will be calculated as 300%.
Legal basis: Article 46 of the Labor Law 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 wages.
Article 47 of the Labor Law The employer shall, in accordance with the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and wage level of the unit in accordance with the law.
Article 48 of the Labor Law The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be stipulated by the provincial, autonomous region, directly governed draft and municipal people, and shall be reported for the record.
The wages paid by the employer to the employee shall not be lower than the local minimum wage.
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Legal analysis: the wage base is determined in accordance with the wage standard of the employee as agreed in the labor contract; Second, if there is no agreement in the draft of the labor contract, it shall be determined in accordance with the overtime wage base agreed in the collective contract; Third, if there is no stipulation in the labor contract or collective contract, it shall be determined according to the wages due to the normal work of the worker himself. At the same time, the overtime wage base shall not be lower than the minimum wage standard stipulated by the city.
Legal basis: Article 12 of the Labor Contract Law of the People's Republic of China stipulates that enterprises shall establish a wage distribution system in accordance with the relevant provisions of the state. The wage distribution system shall include the following:
1) Methods for determining wages; (2) The method of wage distribution for each post; (3) Measures for the normal increase of wages; (4) Bonus distribution methods; (E) allowances, subsidies distribution methods; (6) Methods for the distribution of wages under special circumstances such as illness and vacation.
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Summary. The basic salary is the salary calculated within a certain period of time according to the labor contract or the wage standard stipulated by the state and enterprise rules and regulations. Also known as standard wage.
Legal basis: Article 46 of the Labor Law of the People's Republic of China 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 wages.
The basic salary is calculated within a certain period of time according to the labor contract or the wage standard stipulated by the state and enterprise rules and regulations. Also known as standard wage. Legal basis:
Article 46 of the Labor Law of the People's Republic of China stipulates that 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 Guozhi Feng family implements macro regulation and control of the total amount of wages.
How to calculate the monthly basic salary of the employment contract?
It is the basic salary that you receive for the hours you work that month.
The monthly basic salary of the employment contract cannot be lower than the local minimum standard wage.
Is the average salary for 12 months no.
It depends on what the basic salary of your labor contract is, which you can't see here.
No, it's the basic salary every month, without overtime pay, subsidies, etc.
Add that your monthly base salary is 2000, which is 2000, and this 2000 does not include any overtime pay, allowance, performance, etc.
Thank you. You're welcome to ask me again if you're different.
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The monthly basic salary is calculated within a certain period of time according to the labor contract agreement or the national and enterprise rules and regulations. Also known as standard wage. The Labor Law of the People's Republic of China stipulates:
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 wages.
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