What are the methods of calculating wages and the ways to solve the employer s illegality?

1. According to the provisions of the Labor Law, the statutory public holidays are 104 days a year, and the statutory holidays are 11 days, and the working hours and overtime wages are calculated according to the following prescribed methods:

a. Calculation of system working hours (excluding weekends and statutory holidays): Annual working days: 365 days - 104 days (rest days) - 11 days (statutory holidays) = 250 days Quarterly working days:

250 days 4 quarters = days quarter month working day: 250 days 12 months = days month.

b. Conversion of daily wages and hourly wages: Calculation of working hours: multiply the working days of months, quarters and years by 8 hours per day.

Daily wage: monthly wage income Monthly salary days Hourly wage: monthly salary income (monthly salary days 8 hours) Monthly salary days = (365 days-104 days) December = days c. Calculation of overtime wages:

Overtime pay for extended working hours per day: (Actual working hours - 8 hours) Hourly wage 150% Overtime pay on statutory public holidays: 200% of daily wage (overtime pay on weekends is calculated as 2 times) Overtime pay on statutory holidays:

300% of the daily wage (3 times the statutory holidays).

2. The salary according to the above provisions shall be:

The wages for normal working hours shall be: the agreed monthly wage days and the number of overtime days.

Wages for 12 hours of overtime on weekdays: 150% of 8 hours and 12 hours per day Overtime on public holidays: 200% of 8 hours and 13 hours per day

3. If the employer does not pay wages in accordance with the above provisions, it is an illegal act to deduct the wages of workers, and there are three solutions:

First, the easiest way is to file a complaint with the local labor law enforcement inspection brigade, who will supervise and inspect the employer in accordance with the "Labor Security Supervision Regulations" and order it to pay the arrears of wages.

Second, according to Article 30 of the Labor Contract Law, if an employer is in arrears or fails to pay labor remuneration in full, the employee 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.

Third, the most effective way is to solve the problem through labor arbitration (no fees, no lawyer), when arbitrating, you can try to collect some relevant evidence, which is conducive to ruling, and it does not matter if there is none, according to Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, the main responsibility for presenting evidence in labor dispute cases lies with the employer, and the employer will be ordered to present relevant evidence, so do not worry.

4. The reasons for resignation should be put forward with reference to Article 38 of the Labor Contract Law and Article 18 of the Regulations for the Implementation of the Labor Contract Law, such as not signing a labor contract, not arranging working hours in accordance with state regulations, not paying labor remuneration in full and on time, not paying overtime wages for overtime work, and failing to establish national statutory social insurance for workers on time.

According to paragraph 1 of Article 77 of the Labor Law, "In the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law." At the same time, article 79 provides:

After the occurrence of a labor dispute, 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 committee for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. Those who are dissatisfied with the arbitration ruling may file a lawsuit with the people's court.

To sum up, once an employee has a labor dispute with the employer, he or she can take the following ways to deal with it: 1By consultation.

Under the premise of equality, fairness, voluntariness and legality, the worker and the employer may negotiate on their own. 2.Apply for mediation.

Workers may apply to the labor dispute mediation committee of their employer for mediation. 3.Conduct arbitration.

If no mediation agreement is reached or the employee refuses to mediate and requests arbitration, he or she may apply for arbitration. If the worker is unwilling to be mediated by the labor dispute mediation committee, or if there is no labor dispute mediation committee in the unit, the worker can directly apply to the labor dispute arbitration commission for arbitration. 4.

Filing a lawsuit. If the employee is not satisfied with the ruling of the labor dispute arbitration commission, he or she may file a lawsuit with the people's court. It should be noted here that the mediation of the labor dispute mediation committee is not a necessary procedure for the handling of labor disputes, and one of the parties can directly apply for arbitration, but the application for arbitration is a necessary procedure, and the people's court will accept the lawsuit only when the parties are dissatisfied with the arbitration award.

According to what you said, there must be a problem, as long as the unit with a legal business license hires you, you must sign a written labor contract (within one month), if you do not sign it for more than one month, you will be paid twice your salary as compensation after more than one month.

The employer will tell you 8 hours a day for 5 days, which is a standard working hour system, but if you are asked to work overtime every day and be on duty on Saturdays, it is obvious that there will be overtime work here. According to the labor policy, the employer must obtain the consent of the employee to work overtime due to business needs, and the extended overtime time shall not exceed 1 hour per day, and the cumulative overtime shall not exceed 36 hours per month under special circumstances, and the cumulative overtime shall not exceed 36 hours per month. Of course, your employer will also pay you overtime for extended working hours and rest days.

The Labor Contract Law clearly stipulates that an employer shall not detain an employee's financial or documents for any reason or in any form, and if such a situation occurs, it shall also go to the labor inspection brigade where the employer is located to file a complaint and report.

In accordance with the provisions of the Labor Code:

1. The employer shall arrange leave for employees during the following festivals 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.

2. 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 wage 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.

It can be seen that: 1. If the overtime is worked on a working day, the overtime wage = the hourly wage standard * 150% * the overtime hour.

2. If overtime is worked on ordinary weekends (no compensatory holidays are arranged), overtime wages = hourly wage standard * 200% * overtime hours.

3. If overtime is worked on statutory holidays, overtime wages = hourly wage standard * 300% * overtime hours.

The above-mentioned overtime wages are the statutory minimum amounts, and the employer may pay overtime wages higher than the above-mentioned standards.

The Ministry of Labor and Social Security's Notice on Issues Concerning the Conversion of Employees' Average Monthly Working Hours and Wages throughout the Year (2008) No. 3 document of the Ministry of Labor and Social Security clearly stipulates that statutory holidays are not counted in the average working days of the month, and that statutory holidays and public holidays are statutory holidays, and the wages of employees in the current month shall not be deducted. But your boss is a very shrewd person, he uses the method of time to calculate your salary, it can be said that he has evaded the relevant provisions of the labor law on salary, even if you go to the labor department and the court to appeal and petition will not be a good solution, if you want to listen to my advice, then I will tell you, settle your salary and leave, change the company, not every boss is the same as him, you can also write your experience clearly, tell all the workers and people who are going to work, if there is no one to work for him, See what else he can do!

It is not legal, the national holiday is something that every enterprise must abide by, and the holiday should not be made up in the future work. I don't know if you have signed an employment contract, there should be detailed content on it. If the contract is signed by both parties, there is no good way.

However, enterprises still have to comply with national labor laws. It is recommended that you take a look at the labor law. Hope you can get a satisfactory answer.