It does not belong to the national double pay day, is it illegal for the unit to issue double pay pr

Updated on society 2024-04-21
8 answers
  1. Anonymous users2024-02-08

    This is regulated by labor law, friend.

    Article 36 of the Labour Law.

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

    Article 37.

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

    Article 38.

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

    Article 39.

    If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may implement other work and rest measures with the approval of the labor administrative department.

    Article 40. Employers 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.

    Article 41.

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

    Article 42.

    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.

    Article 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.

    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) 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.

  2. Anonymous users2024-02-07

    Is it also illegal for the unit to be willing to give more money, an ignorant and blind person.

  3. Anonymous users2024-02-06

    The unit privately distributes funds to employees, which is to encourage employees, which is a good thing and should be promoted.

  4. Anonymous users2024-02-05

    It is a violation of discipline, not a violation of the law.

  5. Anonymous users2024-02-04

    Legal Analysis: It is illegal not to pay double pay at the end of the year. The "13th month key prudent salary" is generally called "year-end double salary", which will be paid regardless of the assessment result; The closed beam issued according to the assessment results is generally called the "year-end bonus".

    The thirteenth month's salary is in the nature of the employer's welfare, and belongs to the incentive standard formulated by the employer according to its own situation, and there is no law that stipulates that it must be higher than the local minimum wage.

    Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner.

    If the employer is in arrears or fails to pay the full amount of the remuneration for the labor manuscript, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

  6. Anonymous users2024-02-03

    Legal Analysis: It is illegal not to pay double pay at the end of the year. The "thirteenth month salary" is generally referred to as the "year-end double salary", which will be paid regardless of the assessment results; The one issued according to the assessment results is generally called the "year-end bonus".

    The 13th month's salary is in the nature of the employer's welfare, and belongs to the incentive standard set by the employer according to its own situation, and there is no law that stipulates that it must be higher than the local minimum wage.

    Legal basis: Labor Contract Law of the People's Republic of China Article 30 The employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state.

    If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

  7. Anonymous users2024-02-02

    Double pay at the end of the year is not a legal law. In fact, there is no clear provision on double pay at the end of the year in China, and the double salary at the end of the year belongs to the welfare of the employer, so each company can decide whether to pay the double salary at the end of the year according to the specific operation of the company. Otherwise, the employee can apply for labor arbitration.

    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 48 of the Labor Law stipulates that the State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record. The wages paid by the employer shall not be lower than the local minimum wage.

    Article 50 of the Labor Law stipulates that wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

  8. Anonymous users2024-02-01

    Double pay at the end of the year is not a legal law. In fact, there is no clear provision on the double salary at the end of the year, and the double salary at the end of the year belongs to the welfare of the employer, so each company can decide whether to pay the double salary at the end of the year according to the specific operation of the company, if the company agrees to pay the double salary at the end of the year in the labor contract, then as long as the worker meets the relevant payment conditions, the employer should pay the double salary at the end of the year as agreed. Otherwise, the employee can apply for labor arbitration.

    The employer shall pay wages to workers during the period of statutory holidays, marriage and funeral leave, and the period of participating in social activities in accordance with the law.

    Legal basis] Article 48 of the Labor Law, the state implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people, people of the provinces, autonomous regions and municipalities directly under the Central Government, 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.

    Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

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