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First of all, what do you mean by half-day? Whether it is 12 hours of continuous work, or less than 8 hours, if it is 12 hours, from the labor contract law, the working hours can be agreed, and the signing of the labor contract is, there is a description on it, if there is no explanation, then acid overtime pay. If it is forced labor, it is illegal.
If you mean part-time employment of less than 8 hours, the Labor Contract Law stipulates that:
Part-time employment.
Article 68 "Part-time employment" refers to a form of employment in which the average daily working hours of workers in the same employer do not exceed four hours, and the cumulative working hours per week do not exceed 24 hours.
Article 69 The parties to a part-time employment may enter into an oral agreement.
Workers engaged in part-time employment may conclude labor contracts with one or more employers; However, the employment contract concluded later shall not affect the performance of the employment contract concluded earlier.
Article 70 The parties to a part-time employee shall not agree on a probationary period.
Article 71 Either of the parties to a part-time employment may terminate the employment at any time by notifying the other party. If the employment is terminated, the employer shall not pay economic compensation to the employee.
Article 72 The hourly remuneration standard for part-time employment shall not be lower than the minimum hourly wage standard prescribed by the people in the place where the employer is located.
The period for settlement and payment of labor remuneration for part-time employees shall not exceed 15 days at the longest.
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There is no such thing as a half-day worker in the labor law, and it should be a part-time worker.
There is no special compensation. Besides, your question is not clear
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The allowances and subsidies for workers under the national labor law are:
1) The allowances to compensate employees for special or additional labor consumption include: high-altitude allowance, underground allowance, mobile construction allowance, field work allowance, forest allowance, temporary subsidy for high-temperature work, island allowance, hardship meteorological station (station) allowance, microwave station allowance, temporary subsidy for plateau areas, cold storage low temperature allowance, field work allowance for grassroots auditors, and field allowance for post and telecommunications personnel.
Night shift allowance, middle class allowance, class (group) leader allowance, school class teacher allowance, three arts (dance, martial arts, wind music) staff subsidy, sports team class (team) cadre subsidy, public security police duty post allowance, sanitation personnel post allowance.
Radio and television antenna worker post allowance, salt industry post allowance, waste personnel post allowance, funeral special industry allowance, urban social welfare institution post allowance, environmental monitoring allowance, shelter and repatriation post allowance, etc.
2) Health care allowances include: health and epidemic prevention allowance, medical and health allowance, science and technology health care allowance, special health care allowance for employees of various social welfare institutions, etc.
3) Technical allowances include: special teacher allowance, scientific research allowance, worker technician allowance, traditional Chinese medicine old medicine worker technical allowance, special education allowance, etc.
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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 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.
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The Labor Law stipulates that workers work no more than eight hours a day and an average of 44 hours a week, and ensure that workers have at least one day off per week. 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. Therefore, the working hours in the title do not exceed the working hours stipulated by the state.
With reference to Article 36 of the Labor Law of the People's Republic of China, 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 44 hours.
With reference to Article 37 of the Labor Law of the People's Republic of China, the employer shall reasonably determine the labor quota and piece-rate remuneration standards for workers who work on a piece-rate basis in accordance with the working hours system stipulated in Article 36 of this Law.
Referring to Article 38 of the Labor Law of the People's Republic of China, the employer shall ensure that the employee has at least one day off per week.
Referring to Article 41 of the Labor Law of the People's Republic of China, due to the needs of production and operation, an employer may extend its working hours after consultation with the labor union and the workers, 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 three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.
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1. The provisions include the following:
1. [National Working Hours System] The State implements a working hour system 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.
2. [Minimum Guarantee of Rest Day] The employer shall ensure that the employee has at least one day off per week.
3. [Substitution of work and rest methods] If an enterprise cannot implement the above two provisions due to production characteristics, it may implement other work and rest measures with the approval of the labor administrative department.
4. [Statutory Holidays] The employer shall arrange leave for employees 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.
5. [Restrictions on Extension of Working Hours] 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.
6. [Exceptions to Limitations] In any of the following circumstances, the extension of working hours is not subject to the restrictions provided for in Article 41 of this Law:
1) Natural disasters, accidents, or other reasons that threaten the life, health, or property safety of workers, and need to be dealt with urgently;
2) Production equipment, transportation lines, and public facilities fail, affecting production and public interests, and must be repaired in a timely manner;
3) Other circumstances provided for by laws and administrative regulations.
2. Legal basis: Chapter 4 of the Labor Law on working hours, rest and vacation.
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The daily working hours shall not exceed 8 hours as expressly stipulated in the Labor Contract Law, and your company will arrange rest time to compensate you if you meet the regulations.
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As long as the working hours exceed 40 hours per week, the company will have to pay overtime to the employee.
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For employees who work more than 8 hours, the subsidy for working meals or missed meals is the autonomy of the employer.
The Labor Law does not stipulate that the working meal or the allowance for the missed meal is the welfare of the employer and belongs to the employer's autonomy in employment. It shall be handled in accordance with the welfare provisions formulated by the employer in accordance with the law.
However, for employees who implement the standard working hours system, overtime pay shall be paid according to the extended working hours for working more than eight hours a day; Where the comprehensive working hours system is implemented, overtime pay shall also be paid for the extended working hours for the part of the total working hours that exceed the total working hours calculated on the basis of 40 hours per week during the comprehensive calculation period.
Article 44 of the Labor Law In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage 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 wages 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.
Labor Contract Law
Article 4 Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.
When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.
In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.
The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.
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Generally, it is 4 hours, and more than four hours can be paid according to the full-time salary, our unit is 8 hours full-time, and the half-day system is hourly, and the salary is calculated according to the duration.
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According to the current legislation, there are only the following types of working hours: the standard working hour system, i.e. eight hours per day and forty hours per week; The non-standard working hours system is divided into irregular working hours system and comprehensive calculation of working hours system, both of which require the approval of the labor and social security administrative department; Part-time work, no more than four hours per day and twenty-four hours per week. In addition to these few other types that are not legally stipulated, I hope it will be helpful to you.
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This is not explicitly stated in the Labor Code, only as it is normally understood to be 4 hours.
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The Labor Contract Law only stipulates that full-time and part-time, and there is no half-time and part-time, so the employer may not purchase social insurance.
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There is only a difference between full-time and part-time labor law, and there is no such thing as a part-time job!
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If the company.
The BAI rules and regulations clearly stipulate that absenteeism for one day is regarded as voluntary resignation, and the employee is absent.
DAO works for a day, and the version will not be compensated.
If the company does not have the right to make regulations, what will happen if you are absent from work for one day? Then the employee can ask the company to pay twice the length of service as compensation.
If the company does not clearly stipulate that the employee will be fired because of absenteeism for one day, it should only violate the company's rules and regulations, and the employee can be criticized and educated or fined and other punishments.
In accordance with the Labor Contract Law
Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
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Hello, if the company is normally dismissed.
For each full year, one month's salary will be paid according to the standard of DAO, and if it is less than one year for more than six months, it will be calculated as one year. So you can get two months of financial compensation.
If the employee is dismissed in violation of the Labor Contract Law, the employee shall be compensated twice the standard of economic compensation.
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Although the state gives enterprises the right to self-management and can independently formulate rules and regulations to manage employees, the relevant regulations cannot be obviously unfair. Dismissal for one day of absenteeism is obviously a fair provision, so it can be found to be an illegal termination, and the employee can demand reinstatement of the employment relationship or double severance payment.
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It is recommended that you file a labor arbitration or go to court.
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If the so-called collective absenteeism is indeed due to the company's serious infringement of your basic rights such as wage income, and the company's rules and regulations do not clearly stipulate this (absenteeism, dismissal, etc.), then the probability of your application for labor arbitration is more than 60%.
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1. If not.
The signing of the labor BAI contract is in accordance with the Labor Contract Law.
Article 82 of the DU stipulates that the employee has the right to request the employer to pay double wages and economic compensation; Inside.
2. If the wages are not paid in full, overtime pay or wage deduction is illegal, according to Article 46 of the Labor Contract Law, the employee has the right to request the employer to pay economic compensation;
3. If you have not paid social security, you can ask the unit to make up the payment;
4. If the unit refuses, it can apply for labor arbitration.
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The first bai point, do you guys.
Signed a contract with DU? If not
Signed, basically no chance. dao
If the contract is signed, according to the provisions of the labor law, if the company's employees seriously violate the company's regulations, the company can terminate the labor contract with the employee without any compensation.
Good luck
1 or 2 months, 3 months is not possible.
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