Labor law: whether paid holiday pay is given as a base salary or as an addition

It is calculated into the normal salary, and if you don't take a break, you can make additional compensation.

Salary: Holiday pay is given to the base salary.

This question is not clear, and the annual leave or statutory holiday pay remains the same.

Paid annual leave pay is not just a basic salary. The general salary of annual leave shall be paid according to the normal wage, and the labor remuneration of annual leave shall be paid according to 300 for those who are really unable to arrange the number of annual leave. Employees are entitled to the same salary income during the annual leave period as during normal work, and the bonus shall be included in the salary income, so the bonus shall be paid.

If the unit is unable to arrange for the employee to take annual leave due to work needs, it may not arrange for the employee to take annual leave with the consent of the employee himself.

For the number of days of annual leave that should be taken by the employee, the employer shall pay the annual leave salary and remuneration according to 300% of the employee's daily wage income. If an employer arranges for an employee to take annual leave, but the employee submits in writing that the employee does not take annual leave due to his/her own reasons, the employer may only pay the employee's salary income during the normal working period. Therefore, if you provide a written statement that you will not take annual leave, you cannot ask the employer to pay three times the salary.

Legal basisArticle 5 of the Regulations on Paid Annual Leave for Employees.

According to the specific situation of production and work, and considering the wishes of the employees, the unit shall make overall arrangements for the annual leave of employees.

Annual leave can be arranged in a centralized manner within one year, or it can be arranged in stages, and generally not across years. If it is truly necessary for the unit to arrange annual leave for employees across years due to the characteristics of production and work, it may be arranged across one year.

If the employer is unable to arrange for the employee to take annual leave due to work needs, it may not arrange for the employee to take annual leave with the consent of the employee himself. For the number of days that an employee should take without leave, the employer shall pay the annual leave salary and remuneration according to 300% of the employee's daily wage income.

Basic salary standard in the labor law: the salary paid by the employer to the employee shall not be lower than the local minimum wage standard; The specific standard 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 implemented after being reported for the record.

Legal basisArticle 47 of the Labor Law of the People's Republic of China.

In accordance with the characteristics of its production and operation and economic benefits, the employer shall independently determine the wage distribution method and wage level of the unit in accordance with the law.

Article 48.

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 to the employee shall not be lower than the local minimum wage.

Article 49.

1) The minimum living expenses of the worker himself and the average dependent population;

2) the average level of social wages;

3) labor productivity;

4) employment status;

5) Differences in the level of economic development between regions.

The basic salary of the labor law shall not be lower than the local minimum wage standard, and the specific standard of the minimum wage shall be prescribed by the people of the province, autonomous region and municipality directly under the Central Government, and shall be filed with the people. The minimum wage standard refers to the minimum remuneration that the employer shall pay in accordance with the law on the premise that the employee has provided normal work during the statutory working hours or the working hours agreed in the labor contract signed in accordance with the law.

Legal basis

Article 48 of the Labor Law of the People's Republic of China.

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 put on the record.

Article 2 of the Minimum Wage Regulations.

These Provisions apply to enterprises, private non-enterprise units, and individual industrial and commercial households with employees (hereinafter referred to as "employers") within the territory of the People's Republic of China, as well as workers who have formed labor relations with them.

State organs, public institutions, social organizations and workers who have established labor contract relations with them shall be implemented in accordance with these provisions.

Legal analysis: must not be lower than the local minimum wage. The minimum amount of labor remuneration paid by the employer on the premise that the employee has provided normal work within the statutory working hours.

Note that the minimum wage does not include these: overtime wages; Allowance for medium shift, night shift, high temperature, low temperature, underground, toxic and harmful and other special working environments and conditions; Laws, regulations and national provisions of labor welfare, etc.

Legal basis: Article 48 of the Labor Law of the People's Republic of China The State implements a minimum wage guarantee system. The specific standards for the minimum wages shall be prescribed by the people of the provinces, autonomous regions, and municipalities directly under the Central Government, and shall be reported for the draft of the case.

The wages paid by the employer to the employee shall not be lower than the local minimum wage.

The basic salary standard in the Labor and Fatigue Balance Law: The salary paid by the employer to the worker shall not be lower than the local minimum wage standard; The specific standard 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 implemented after being reported for the record.