Regarding the deduction of wages for personal leave the legal basis for the reward of high scores .

Article 61 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China stipulates that: The daily wage of an employee who implements the hourly wage system shall be calculated by dividing his monthly wage by the average number of legal working days per month (21 16 days for a 40-hour work week and 23 33 days for a 44-hour work week).

Therefore, the deduction of wages for personal leave should be in accordance with the provisions of the state

Deductible wages = monthly wages 21 16 days (or 23 33) days of leave.

Nowadays, China's labor-management relations are very chaotic, generally speaking, the management has an absolute strength, give you a law, you can look at it yourself, but if it is a court case with the management, you must be prepared to change jobs or be fired in advance.

Article 61 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China stipulates that: The daily wage of an employee who implements the hourly wage system shall be calculated by dividing his monthly wage by the average number of legal working days per month (21 16 days for a 40-hour work week and 23 33 days for a 44-hour work week).

Therefore, the deduction of wages for personal leave should be in accordance with the provisions of the state

Deductible wages = monthly wages 21 16 days (or 23 33) days of leave.

It is best to consult with the local labor department that their words are authoritative, and you can determine whether to sue the company for infringement based on their notice.

Brother, if you are willing to continue to stay in this unit. I will dispel the idea of suing you. In the future, strictly abide by the rules and regulations of the unit.

If you really want to file a lawsuit, it is recommended that you do not come, because it is difficult to meet a professional person who understands the law to answer for you. You should go to your local law firm. They can be professional and accurate for you.

The salary deduction standards for personal leave are as follows:

1. If the annual personal leave of the staff does not exceed 20 days or the one-time personal leave does not exceed 15 days, excluding public holidays, the original salary shall be paid as usual;

2. If a staff member takes personal leave for more than 20 days or a one-time personal leave for more than 15 days in a year, the salary for the excess days shall be calculated and paid at 70% of his or her basic salary;

3. If a staff member takes personal leave for more than 30 days in a year, the salary for the excess days shall be calculated and paid at 50% of his or her basic salary.

4. If the annual personal leave of the staff exceeds 60 days, all the wages of the employee shall be suspended for the excess days;

General company personal leave salary calculation:

1) The daily wage shall be calculated according to the pay day of the month of personal leave. The amount of daily wages is obtained by dividing the current month's salary by the current month's pay day. The disadvantage of this is that the monthly pay days are inconsistent, and when the working days are fewer, the salary will be deducted more than in the month with more working days, and it is relatively cost-effective to take personal leave in the month with more working days;

2) The daily wage shall be calculated according to the average monthly pay day of the whole year. There are a total of 52 weeks in the year, and there are 104 days off without pay, and 365 days are subtracted from the number of days off to get 261 pay days, which are divided into 12 months, which are days (note that there are 11 national holidays in the year that do not work, but are paid. Therefore, the average working day of the month is days).

The disadvantage of this is that when an employee takes a lot of personal leave in a month with more working days, you will find that his salary is not enough to deduct, and if he takes a full month of personal leave in a month with more national holidays, even if he excludes the national holiday salary, he will be paid without going to work.

Basis for compiling wages during sick leave: All monthly wage workers are calculated on a monthly basis, and all piece-rate workers are calculated on the basis of their average wage for the past three months. However, the wages of all workers shall not be less than 80% of the minimum wage, and if it is lower than this standard, it shall be paid at 80% of the minimum wage.

Legal basis

Labor Law of the People's Republic of China

Article 47 An employer shall, on the basis of the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and wage level of its unit in accordance with law.

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.

Article 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with law.

1. How much is the deduction of personal leave salary?

1. Personal leave is generally unpaid and deducted according to the proportion of attendance in the current month. For example, if you should be in attendance for 23 days, but you actually attend work for 20 days, the actual salary payable is equal to the total salary multiplied by 20 divided by 23, and this total salary does not include incentives and subsidies.

2. Legal basis: Article 59 of the Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China.

During the period of sick leave, the employer shall pay the employee sick leave pay, and the specific standard shall be determined by the employer at a rate not less than 80% of the local minimum wage.

Article 11 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises.

The daily wage income for calculating the salary and remuneration for unused annual leave shall be converted according to the monthly salary of the employee divided by the number of monthly salary days. The term "monthly wage" as used in the preceding paragraph refers to the average monthly wage of an employee in the 12 months prior to the employer paying him or her wages for unused annual leave, excluding overtime wages. If the working time of the employer is less than 12 months, the average monthly salary shall be calculated according to the actual month.

Employees are entitled to the same salary during the annual leave period as they would during normal work. For employees who are subject to piecework wages, commission wages or other performance-based wage systems, the calculation and payment of daily wage income shall be implemented in accordance with the provisions of paragraphs 1 and 2 of this article.

2. What are the conditions for deducting wages for personal leave?

1. If the annual personal leave of the staff does not exceed 20 days or the one-time personal leave does not exceed 15 days, excluding public holidays, the original salary shall be paid as usual;

2. If a staff member takes personal leave for more than 20 days or a one-time personal leave for more than 15 days in a year, the salary for the excess days shall be calculated and paid at 70% of his or her basic salary;

3. If the staff takes personal leave for more than 30 days in a year, the salary for the excess days shall be calculated and paid at 50% of the basic salary of the staff member 4. If the annual personal leave of the staff exceeds 60 days, the full salary of the employee shall be suspended for the excess days;

4. Any staff member who leaves his post without asking for leave, or fails to return after the expiration of his leave without renewing his leave, shall be punished as absenteeism.

Personal leave can be deducted from wages, and if an employee needs to take leave during normal working hours due to personal reasons, it is deemed to be personal leave, and personal leave needs to be deducted from wages. The amount of daily wages shall be calculated by dividing the total salary of the employee in the current month by the number of days that the employee should be attended, and then the number of days the employee takes personal leave to calculate the amount of wages deducted from personal leave.

Legal basisArticle 15 of the Interim Provisions on Payment of Wages.

The employer shall not deduct the employee's wages. Under any of the following circumstances, the employer may withhold the employee's wages:

1) Individual income tax withheld and paid by the employer;

2) All social insurance premiums withheld and paid by the employer that should be borne by the employee;

3) Child support or alimony required to be withheld in court judgments or rulings;

4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.

Personal leave will be deducted from the day's wages. According to the provisions of the Labor Law of the People's Republic of China:

1. 1 day deduction for personal leave: standard salary (natural days of the month - 8 days);

2. Sick leave 1 day deduction: standard salary (natural days of the month - 8 days), salary: local minimum wage standard natural month days so sick leave 1 day final income: local coarse spike standard minimum wage standard natural month days standard wage (the number of days in the month - 8 days).

3. Overtime wages from Monday to Friday: 150% of the usual salary, overtime wages on Saturdays and Sundays: 200% of the usual salary, and statutory holiday wages: 300% of the usual salary

1. Calculation method of daily wage.

There are two ways to calculate the daily wage:

1.Calculated on the basis of the average number of legal working days per month.

Daily wage = monthly standard wage

Days are calculated by subtracting 104 public holidays from 365 days in a year and dividing by 12 months.

Under this calculation method, absences from public holidays and statutory holidays are not counted as absences.

2.Each month is calculated based on an average calendar day of 30 days.

Daily wage = monthly standard wage 30

Under this calculation method, absences on public holidays and statutory holidays are counted as absences.

2. What is the calculation formula of the company's overtime pay?

Overtime pay is multiplied by the overtime hours multiplied by the wage standard per unit (i.e., the number of overtime days multiplied by the daily wage standard, or the number of overtime hours multiplied by the hourly wage standard), and then multiplied by the corresponding multiple in accordance with Article 44 of the Labor Law. However, from Article 44 of the Labor Law, we can only know the "multiple" of overtime relative to normal wages, that is, if an employer arranges an employee to work longer working hours, as well as a rest day or statutory holiday, it shall pay overtime wages at the rate of % and 300% of the wages respectively, without the provisions on the wage standard (i.e., daily wage standard or hourly wage standard) for each unit.

This is also the root cause of some employers' arbitrary deductions and less overtime pay to employees. Therefore, China should also issue relevant regulations to clarify the calculation standards of overtime pay, so as to prevent employers from taking advantage of the loopholes of imperfect laws and infringing on the legitimate rights and interests of employees.

The formula for calculating overtime pay (overtime pay) is as follows:

1. Calculation of overtime wages for extended hours: overtime wages = daily standard wages (or piecework wages) 8 (hours) overtime.

2. Calculation of overtime wages on rest days: overtime wages = daily standard wages (or piecework wages) 8 (hours) 2 overtime hours.

3. Calculation of overtime wages on statutory holidays: overtime wages = daily standard wages (or piecework wages) 8 (hours) 3 overtime hours.

Legal analysis: At present, China's laws do not clearly stipulate how to deduct wages for employees taking personal leave, and it is generally based on the company's rules and regulations and labor contracts, but it has a precondition: it cannot exceed the mandatory and principled provisions of the law.

Legal basis: "Opinions on Several Issues Concerning the Implementation of the Rules" 59 During the period of illness or non-work-related injury**, the enterprise shall pay the sick leave pay or sickness relief expenses in accordance with the relevant provisions during the prescribed medical treatment period, and the sick leave wages or sickness relief expenses may be paid lower than the local minimum wage standard, but not less than 80 of the minimum wage standard.