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Wages are paid monthly, and it is illegal to pay them every other month, and it is legal to pay this month's wages next month. Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.
If the company fails to pay the remuneration on time, the employee can apply for the termination of the labor contract and labor relationship, and demand economic compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration conclusion is refused, it may apply to the court for compulsory enforcement.
Article 85 of the Labor Contract Law: In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
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Then you have to use the law.
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1. Number of vacation days: monthly attendance.
Salary = monthly salary standard (1-1 days of personal leave).
2. New employees and employees whose vacation days are greater than the number of attendance days: monthly attendance salary = monthly salary standard number of attendance days.
The fixed monthly salary belongs to the hourly work system, and the role of the bonus is to reward the excess labor directly related to production or work, and the material compensation given to the worker when he creates the labor results required by the society that exceeds the normal labor quota, and the allowance is a form of wage to compensate the worker for additional labor consumption or additional expenditure under special circumstances.
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1. Number of days of leave.
Employees with a small number of employees: monthly attendance salary = monthly salary standard (1-1 days of personal leave).
2. New employees and employees whose leave days are greater than the number of attendance days: monthly attendance salary = monthly wage standard number of attendance days.
A fixed monthly salary is a part-time work system, and the bonus function is to pay for excess labor directly related to production or work. The bonus is a material compensation given to workers when they create more fruits of labor than are required by society in addition to the normal labor quota. Allowance is a form of wage that compensates workers for additional labor consumption or additional expenses under too special conditions.
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At present, there are three ways to calculate wages under the fixed monthly salary system:
A: (Fixed monthly salary should be attended.)
Number of days) * Actual number of days of attendance + fixed monthly salary Usual overtime hours + fixed monthly salary Weekend overtime hours;
B: (fixed monthly salary - fixed monthly salary number of days of absence) + fixed monthly salary Usual overtime hours + Fixed monthly salary Weekend overtime hours;
c: Fixed monthly salary, actual attendance days + fixed monthly salary, usual overtime hours + fixed monthly salary, weekend overtime hours;
According to method A: its salary is: 600 23*19+600 According to method B: its salary is: 600-600
According to method C: its salary is: 600
It can be seen that in the same case, if different salary calculation methods are adopted, the salary amount is very relevant.
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According to the spirit of the "Notice on the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year" issued by the former Ministry of Labor, the monthly salary, the monthly wage income, and the number of days of the monthly base salary.
Hourly wage: Monthly wage income (8 hours of paid days per month).
Monthly payroll days (365 days-104 days) 12 days.
Obviously, the number of days we should be in attendance should actually be the "monthly paid days" mentioned above, but the statutory holidays have been excluded, which is inappropriate; Moreover, the actual number of days of attendance should also be added to the number of statutory holidays, so as to conform to the spirit of the notice.
It must be made clear that the standard salary is only fully enjoyed if the employee is fully attended. Full attendance includes the number of days that should be attended (excluding holidays and public holidays) and the number of holidays that are eligible for it. Here's a small detail, if an employee comes to work for the first time after the holiday, they obviously don't enjoy holiday pay.
In the past few days, I have seen a lot of methods for calculating wages on the Internet, and there are great differences, and the results of the calculations are also very different. The fundamental reason for this is that quite a few units do not take holidays into account and make the same mistake as me.
The summary is as follows: 1. The total salary payable salary standard (actual attendance days + the number of holidays that can be enjoyed) (the number of days that should be attended + the number of holidays that can be enjoyed) + overtime wages.
2. Overtime wages Overtime wages overtime wages calculation base overtime days legal multiples.
It is worth noting that overtime pay on statutory holidays is actually tripled, since one time has already been calculated and paid in the payable, and the total is tripled. If you have different opinions on this, you can carefully study the relevant laws and regulations, and you can also refer to the explanations of each region.
3. If the paid company works on an extra holiday rest day, it is enough to double the overtime wage, which has nothing to do with the labor law, but is for internal balance.
Examples and precautions:
1. If you are in full attendance and do not work overtime, you will be paid the agreed salary (such as 5,000 yuan).
2. If there is absence, there is no overtime, the standard salary will be paid, the actual number of days of attendance, and the number of days of attendance. (For example, 20 days of attendance, 2 days of holidays, and 5 days of absence in February, wages should be paid = 5000 (15+2) (20+2) 3864 yuan).
3. If there is absences and overtime, the absence is offset by overtime, and the overtime wages are calculated only if there are still extra days, and if it is not offset, it will be regarded as absenteeism.
4. If there is full attendance and overtime, overtime wages will be calculated and paid in addition to 5,000 yuan.
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The company has a basic salary, benefits and subsidies. Then Song Ke deducted your personal income tax together, which is the salary in hand.
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Seniors really need pocket money.
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Pressing one month's salary means that the previous month's salary is paid this month. That is, there is no salary for the first month, and after working for one month, the salary for the previous month's work will be taken in the second month. For example, the employer pays wages on the 28th of the end of each month.
If you go to work on February 1st, by February 28th, other old employees will be paid, but they will be paid in January. But you don't get paid on February 28, you need to wait until March 28 to get it, and you get it in February. The company did this because it was afraid that the workers would leave after taking the monthly salary.
This is also a means for the unit to "keep an eye" on its employees. If a deposit is paid, it is illegal in accordance with the provisions of the Labor Contract Law. It is in accordance with the law to press only one month's salary, but it is illegal to pay wages if it is not paid across months.
If the company is in arrears of wages, the employee can file a complaint with the labor inspection department, which will order the employer to pay wages within a time limit. If the employer owes the employee wages, the employee may also apply to the labor arbitration commission for labor arbitration to protect his legitimate rights and interests.
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At the time of the resignation, there was still an unpaid salary for March.
When the labor contract is legally terminated, the employer shall pay the employee's wages in full in a lump sum. If the payment is not made, it may complain or report to the local labor inspection brigade or apply to the labor dispute arbitration commission for labor arbitration.
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For example, the company pays wages on the 28th of the end of the month. You came to work on February 1st, and other old employees wanted to get money on the 28th, but they got their January salary. You won't have the money to be paid on February 28, and you won't have to get it until March 28, and you won't get it until March 28.
The company is afraid that the workers will leave after taking the monthly salary.
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To prevent sudden job hopping, your salary is paid one month later than normal. If you jumped this month, then I'm sorry, your last month's salary is gone.
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It is to temporarily withhold one month's salary and not give it to you first.
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is that the salary of the first month of work is not given, and it is done in vain.
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At the end of the year, the company wants to press a month's salary and won't give me until next year.
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In this case, the employer will pay you the salary from January 12 to January 31 on February 12, and there is no violation of the law.
Interim Provisions on Payment of WagesArticle 7 Wages must be paid on the date agreed between the employer and the worker. 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.
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By February 12th, you will be paid from January 12th to January 31st, March 12th to February 28th (i.e. the whole month of February), April 12th to March 31st, and so on.
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Your January salary will be paid to you on January 2.
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This is an act that does not comply with the provisions of the Labor Law.
It is a means for the company to restrict the turnover of workers in order to ensure the attendance rate of workers. I forced me to leave my job with a month's salary. Such businesses generally have no human touch.
It is advisable not to go to such a company.
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The basic wage is the basic component of the wages received by the worker. It is paid by the employer in accordance with the prescribed wage standard, which is relatively stable compared to other components of the salary amount. Specifically, in an enterprise, the basic salary is the salary approved according to the position, ability and value of the employee, which is the basis of the employee's job stability and the guarantee of the employee's sense of security.
For the same position, the salary can be divided into different levels according to their ability. The basic wage of an employee is calculated according to the wage standard stipulated in the labor contract or the rules and regulations of the state and the enterprise, also known as the standard wage. Under normal circumstances, the basic salary is the main part of the labor remuneration of employees.
The full wage of an employee refers to the sum of the basic salary and auxiliary salary that he earns each month, i.e., the take-home wage. The basic salary does not include the following items: (1) labor remuneration with a payment period of more than one month, such as quarterly bonus, semi-annual bonus, year-end bonus, double salary at the end of the year, and business commissions settled quarterly, semi-annually and annually; (2) Labor remuneration without a definite payment period, such as one-time bonuses, allowances, subsidies, etc.
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Accounting salaries vary from region to region.
Generally, the salary level of ordinary accountants is not too high, and the average job needs to be determined according to the city, which is generally about 6,000 yuan in first-tier cities, about 4,000 yuan in second- and third-tier cities, and about 3,000 yuan in fourth- and fifth-tier cities.
The cashier is 2500-3500 yuan, and some units are relatively high, but this part is basically not recruited.
Accounting 3500-5000 yuan, accounting supervisor 4500-7000 yuan, these positions belong to the work can be quantified, skills can be evaluated, so the salary is more transparent.
Financial manager 6000-15000, financial director 10000-30000, these two positions not only involve personal ability, but also need a certain network and rich experience, so the range is very large.
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First, wages.
The formula for calculating is as follows:
Positive calculation: monthly salary = monthly salary monthly salary days * attendance days proportion reverse calculation: monthly salary = monthly salary - monthly salary number of absenteeism * attendance days proportion monthly salary days = actual attendance days + statutory holidays.
Proportion of attendance days = number of attendance days + statutory holidays).
For example, if an employee has a monthly salary of 2,175 yuan, has 23 working days in July, and the employee is absent for 1 day, and attendance is 22 days, how much is the monthly salary this month?
Positive calculation: 2175 yuan.
Reverse calculation: 2175-2175 yuan.
Second: overtime pay algorithm:
Algorithm: overtime salary = monthly salary overtime days The corresponding multiple Note: overtime on weekdays is not less than 2 times, overtime on rest days is not less than 2 times, and overtime on statutory holidays is not less than 3 times.
For example, an employee's monthly salary is 2,175 yuan, and he is full of attendance in May and works overtime for 3 days, which is a statutory holiday.
This month's salary = monthly salary + overtime salary, both 2175 + (2175 1 day 3 times) + (2175 2 days 2 times).
Third: Algorithm of daily work and hourly wage:
Daily wage = monthly salary income average number of days in a month).
Hourly wage = monthly wage income (number of hours per month).
Fourth: piecework wage algorithm:
Piece-rate wage = piece-rate unit price Quantity of qualified products.
Wages payable = piece-rate wages + allowances and subsidies + wages paid in exceptional circumstances.
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Wages are calculated according to the following 3 situations:
1. Calculated according to the wages agreed in the labor contract, the attendance of the workers, the performance appraisal score and the overtime;
2. The monthly payday is days, for example, if an employee's salary is 2,500 yuan, the employee is 24 days full, and the employee works for 21 days, the monthly salary is 2,500 yuan;
3. 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, i.e., 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:
Daily wage: monthly salary income Number of days of monthly salary.
Hourly wage: Monthly wage income (8 hours of paid days per month).
Monthly payroll days (365 days-104 days) 12 days.
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