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Half a month's salary is calculated as follows: the actual salary paid by the employee and the number of days of actual attendance.
The calculation method of overtime pay on working days: monthly wage, overtime hours, times;
Calculation method of overtime pay on weekends and weekends: 2 times the number of overtime hours of monthly wages;
The calculation method of overtime pay on statutory holidays is 3 times the monthly salary and overtime hours.
1. Article 44 of the Labor Law stipulates that under any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours in accordance with the following standards: (1) If the worker is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; (2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory break, 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, a wage remuneration of not less than 300 percent of the wage shall be paid. Notice on Issues Concerning the Conversion of Employees' Average Monthly Working Hours and Wages throughout the Year
II. Conversion of Daily and Hourly Wages In accordance with Article 51 of the Labor Law, employers shall pay wages on statutory holidays in accordance with the law, that is, the 11 statutory holidays stipulated by the state shall not be excluded when converting daily wages and hourly wages. Accordingly, the daily wage and hourly wage are converted as follows: Daily wage
Monthly salary income Number of paid days per month Hourly wage: Monthly wage income (8 paid days per month). Monthly payroll days (365 days-104 days) 12 days.
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In China, the so-called monthly wage is calculated based on the natural month of the Gregorian calendar. The so-called half-monthly salary is to delay the payment of wages for half a month after the end of the natural month. To put it simply, it means that the 15th of each month is paid the salary you deserve for the period from the 1st to the 31st of the previous month.
Realistically, if you start work on March 3 and start your salary on April 15, you will receive your salary for the period from March 3 to 31. When you leave this unit one day, you will be paid a lot of your salary, but you will have to wait until the 15th when the salary is opened. For example, if you decide to leave your job when you finish your April payroll on May 15, you will need to wait until June 15 to pay for the half month from May 15 to May 15.
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Half a month's salary is normal, and it cannot be regarded as arrears. I used to work in a state-owned enterprise, and the salary I received that month was calculated based on the previous month's attendance rate, and it went on like this. Other units don't know.
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Legal analysis: Whether it is legal for the company to press one month's salary needs to be judged according to the reason. If the company's wage reduction is to restrict the employee's resignation from moving to another company or as a deposit, it is not lawful; On the contrary, although the company presses one month's salary, but the salary payment cycle is not more than one month, it is legal.
Legal basis: Labor Contract Law of the People's Republic of China
Article 9 When an employer recruits a worker, it shall not seize the worker's resident identity card or other documents, nor shall it require the worker to provide a guarantee or accompany the repentant person to collect property from the worker in other names.
Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner. 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.
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When an employer recruits a worker, it shall not seize the worker's resident identity card and other documents, and shall not require the worker to provide a guarantee or collect property from the worker in any other name.
Legal basis: Labor Law of the People's Republic of China
Article 47 An employer shall, in accordance with the law, independently determine the wage distribution method and wage level of the unit in accordance with the characteristics of the unit's production and economic benefits.
Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
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Whether it is legal for the company to press one month's salary needs to be judged according to the reason. If the company's wage reduction is to restrict the employee's resignation from moving to another company or as a deposit, it is not lawful; On the contrary, although the company presses one month's salary, but the period of payment of wages does not exceed one month, it is legal.
Labor Contract Law of the People's Republic of China
Article 9 When an employer recruits a worker, it shall not confiscate the resident identity card or other documents of the worker in deferred detention, and shall not require the worker to provide a guarantee or collect property from the worker in any other name.
Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner. If the employer is in arrears or fails to pay the full amount of labor remuneration, 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.
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Legal Analysis: No, it is not legal for the company to press the employee's salary for one month. According to the state, the salary shall be paid at least once a month.
Legal basis: Article 7 of the Interim Provisions on the Payment of Wages shall be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day.
Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.
Generally will be pressed half a month's salary, as a boss, in charge of hundreds of people in the company, This is what they are most worried about, after all, it takes a lot of cost and time to recruit workers now, and it is not necessarily necessary to recruit the right talent, if competitors poach their excellent employees, it may cause huge losses to the company, but if it is pressed 1 month's salary, both sides have a buffer time, and may change their minds, if those who leave suddenly, he will also be for this 1 month's time, Let the company find the right person for the role.
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