According to labor law, employees who work by piece rate in the factory do not have paid leave of 30

Piece-rate employees are only paid as wages, and if they are formally employed by the labor contract and the factory has implemented an annual salary leave system, they should be entitled to it.

Regulations on Paid Annual Leave for Employees:

Article 2 Employees of government organs, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, and other units shall enjoy paid annual leave (hereinafter referred to as annual leave) if they have worked continuously for more than one year. The employer shall ensure that the employee is entitled to annual leave. Employees are entitled to the same salary during the annual leave period as they would during normal work.

Article 3 Employees who have worked for 1 year but less than 10 years shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; Those who have completed 20 years of leave will take 15 days of annual leave.

National statutory holidays and rest days are not included in the annual leave.

Article 4 Employees who have any of the following circumstances shall not be entitled to the annual leave of the current year:

1) Employees enjoy winter and summer vacations in accordance with the law, and the number of days of vacation exceeds the number of days of annual leave;

2) The employee takes personal leave for more than 20 days and the unit does not deduct wages in accordance with regulations;

3) Employees who have worked for 1 year but less than 10 years and have taken sick leave for more than 2 months;

4) Employees who have worked for 10 years but less than 20 years and take sick leave for more than 3 months;

5) Employees who have worked for more than 20 years and have taken sick leave for more than 4 months.

The Regulations on the Payment of Wages provide:

If an employee who is subject to piece-rate wages is arranged by the employer to extend his working hours after completing the piece-rate quota task, he or she shall be paid wages at a rate not less than % of the unit price of the piece-rate working hours of the employee in accordance with the principles stipulated above.

The state stipulates that paid leave is applicable to all employees in China, as long as an employment relationship is formed with the employer. The only difference between piece-rate employees and other workers is their payroll, which is based on the number of jobs they work.

Regardless of the industry, there is paid leave according to labor law, like five.

1. National Day.

Of course, you can enjoy paid leave (including statutory holidays such as Spring Festival, Labor Day, National Day, etc., as well as annual leave).

Since the salary is piece-rated, of course, the salary will not be deducted for leave, but it will only be at the time of settlement, and there is no output on the day, so there is no salary.

Whether to deduct or not, please refer to the local "Wage Payment Regulations". Take Beijing's as an example:

Article 21 of the Beijing Municipal Regulations on Payment of Wages: "If a worker is sick or injured not due to work, the employer shall pay sick leave pay in accordance with the provisions of the labor contract or collective contract during the sick leave. The sick leave pay paid by the employer shall not be less than 80% of the minimum wage standard of the city.

Article 22 The employer may not pay the wages of an employee during his personal leave. ”

The second and third questions:

Overtime pay under this form of wage is covered by law:

If the employer arranges to extend the working hours of an employee who is subject to piece-rate wages after completing the piece-rate quota task (including the implementation of full piece-rate wages and other similar forms of wages outside the statutory working hours, the employer shall, in accordance with the provisions on the calculation and payment of overtime wages, pay his wages at a rate not less than % of the unit price of the piece-rate for his statutory working hours.

Calculation method: Refer to the local "Interim Provisions on the Payment of Wages by Enterprises".

Hello, I am a cooperative lawyer of Baitai Degree, and I am happy to serve you.

In the labor law, there is no provision for salary deduction for leave.

Under normal circumstances, there are strict procedures for personal leave, the number of days of personal leave per month, the number of days of personal leave per year, and the number of days of personal leave each time are strictly regulated, and if this regulation is exceeded, there is a corresponding punishment mechanism (dismissal, absenteeism, fines, etc.). The amount of salary deduction for personal leave = monthly salary and the number of days of personal leave.

Sick leave is distinguished from personal leave, after all, personal leave is caused by personal factors, but sick leave is not, it is an irresistible factor, the worker himself is willing to work, but his physical condition does not allow it.

During the period of illness or non-work-related injury**, the enterprise shall pay the employee sick leave pay or sickness relief expenses in accordance with the relevant regulations within the prescribed medical treatment period, and the sick leave pay or sickness relief expenses may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard.

If the employer and the employee do not agree on the sick leave base in the contract, the employee shall be calculated at 70% of the normal wage. The base amount of the above sick leave pay shall not be lower than the minimum wage standard of the city.

Piece-rate workers must deduct their wages when they ask for leave, because the piece-rate wages are not monthly wages, but are calculated by the hour or the number of products produced.

Piecework workers will definitely deduct their wages if they ask for leave, and if you still have at least a basic salary in it, you will definitely deduct your basic salary.

It depends on the composition of your salary. If you have a basic salary, you can deduct your salary if you take leave. If there is no basic salary, the salary is paid entirely on a piece-rate basis, and the salary should not be deducted for leave (under the condition of completing the minimum task).

If it is piecework, wages should not be deducted, because wages are paid according to how much work, and if it is a tight schedule, it also depends on the situation!

Under normal circumstances, the silent function does not need to deduct wages, because he is paid according to work, if the labor rules of the unit touch on this, then according to the rules of the labor employing unit to manage.

This leave, you didn't work that day, the day's salary needs to be deducted, if you just get paid by piecework, then don't use it.

Should workers with piece-rate products be deducted their wages when they take leave? First of all, it depends on your salary structure, for example, is there a basic salary? If there is no basic salary, is it just a wage to make a product? I don't think we should deduct wages.

You have this question, I think mine is a little ridiculous, you earn piecework, you say, you don't do any work, how can you pay you a salary, do you say deduction or not. If your basic salary is less, if you take less leave, it should be that the basic salary cannot be deducted from you, only your piecework salary will be deducted, and the other thing mainly depends on the regulations of your unit.

Piecework workers are piecework for the quantity of wages, and there is nothing to do with whether the wages are deducted or not, it belongs to more work and more rewards.

Legal Analysis: Not Legal.

However, it is legally bound that in the case of non-overtime, the working day is eight hours a day, and there are weekends and paid holidays, which must not be lower than the local legal minimum wage.

Legal basis: "Labor Demolition Law of the People's Republic of China" Article 36 The State implements a working hour system in which the daily working hours of workers shall not exceed eight hours and the average working hours of the workers shall not exceed 44 hours in the early morning of the week.

It is illegal not to pay paid holiday pay on national holidays.

If the employer arranges overtime work for the employee on holidays, it shall pay the overtime wage at 300% of the employee's daily or hourly wage. If the employer arranges for the employee to work overtime on the rest day, it may arrange compensatory rest for the employee without paying overtime wages, and if no compensatory rest is given, it shall pay overtime wages at a rate not less than 200% of the employee's daily or hourly wage.

Those who work on national holidays shall be paid 300% of their wages, regardless of whether they are compensated or not. Legal basis: Article 44 of the Labor Law In any of the following circumstances, the employer shall pay the employee a regular wage remuneration higher than the employee's 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) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) If an employee is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300% of the wage.

Article 44 of the Labor Law stipulates that under any of the following circumstances, the employer shall pay the employee a wage equivalent remuneration higher than the employee's normal working hours in accordance with the following standards: (1) If the employee is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where 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.