The relationship between the number of days of personal leave and wages and the detailed calculation

During the period of personal leave, the employee does not provide labor and is not paid.

Calculation of working hours of the system:

Annual working days = 365 days - 104 days (rest days) - 11 days (statutory holidays) 250 days.

Quarterly working days = 250 days 4 quarterly days quarter.

Monthly working days = 250 days in December and days in months.

Number of hours worked = 8 hours of working days per month, quarter, or year.

Conversion of daily and hourly wages:

Daily wage = monthly salary income Number of days in the month.

Hourly wage = monthly salary income (8 hours of paid days per month).

Monthly payroll days (365 days-104 days) 12 days.

Note: The 11 statutory holidays stipulated by the state are not excluded when converting daily wages and hourly wages.

If the working hours are extended on normal working days, no less than 150% of the wages shall be paid;

If overtime is arranged on a rest day without compensatory leave, no less than 200% of the salary shall be paid;

If overtime work is arranged on statutory holidays, no less than 300% of the salary shall be paid.

In the case of personal leave: salary = daily basic salary Number of days worked.

If the employee does not provide work, it is okay not to pay wages during the personal leave. However, it is illegal to deduct wages from other working days.

Interim Regulations on Payment of Wages", and the regulations on the payment of wages in your province, etc.

How overtime pay is calculated on weekdays:

Monthly wages and overtime hours are multiplied;

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.

Article 44 of the Labor Code.

Legal analysis: According to the laws of our country, a month is based on days as the average number of days of attendance per month, so the salary that should be deducted for personal leave should be: the monthly salary of the employee divided by the number of days of personal leave.

Personal leave refers to the fact that employees are unable to carry out normal work due to their own personal affairs, so they need to ask for leave from their employer. The difference between personal leave and sick leave is that sick leave, as the name suggests, is to ask for leave because of illness, so if an employee needs to be treated for a long time when he is sick, then he can apply to the unit for the first period, and this is paid during the period.

Legal basis: "Implementation Measures for Paid Annual Leave for Employees of Organs and Public Institutions" Article 9 Where an organ or a business unit has arranged annual leave, and the staff member has not taken it and has any of the following circumstances, he or she shall only enjoy the salary income during the normal working period: (1) not taking annual leave due to personal reasons; (2) The cumulative amount of personal leave has exceeded the number of days of annual leave that the person should take, but is less than 20 days.

Legal analysis: Wages are calculated based on the actual number of days of attendance and the agreement in the employment contract. The daily wage is calculated as:

Daily wage = monthly wage base number of monthly pay days). If the employee fails to perform the work due to his or her own reasons during the personal leave, the employer may not pay the wages for the period of personal leave, but the wages for the normal attendance of the employee shall be paid.

Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker in the form of money on a monthly basis. No wages owed to workers shall be deducted or ordered to be unjustified.

Labor Contract Law of the People's Republic of China 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 employees of Hengxin 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.

Legal analysis: A month is based on days as the average number of days of attendance per month, so the amount of work that should be deducted from personal leave should be: the number of days of monthly salary and personal leave of the employee.

Legal basis: Labor Law of the People's Republic of China

Article 3 Laborers shall enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest or take leave, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law.

Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

Article 33 The employees of an enterprise and the enterprise may sign a collective contract on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, etc. The draft of the collective contract shall be submitted to the workers' congress or all employees for discussion and approval.

Collective contracts are signed by trade unions and enterprises on behalf of employees; In enterprises that have not established a trade union, the contract shall be signed between the representatives elected by the employees and the enterprise.

Article 45 The State implements a paid annual leave system.

Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.

1. If the employee has been on sick leave for less than 6 consecutive months, he or she shall be paid sick leave pay according to the following standards:

1. If the continuous service is less than 2 years, it will be calculated and paid according to 60% of the salary;

2. If the continuous service is more than 2 years but less than 4 years, it will be paid according to 70% of the salary;

3. If the continuous service is more than 4 years but less than 6 years, it will be paid according to 80% of the salary;

4. If the continuous service is more than 6 years but less than 8 years, it will be paid according to 90% of the salary; Those who have worked continuously for 8 years or more shall be paid 100 of their salary.

2. If the employee has been on sick leave for more than 6 consecutive months, the enterprise shall pay the relief expenses for the sickness of the holes.

1. If the continuous service is less than 1 year, it will be calculated and paid according to 40% of the employee's salary;

2. If the continuous service is more than 1 year but less than 3 years, it will be paid according to 50% of the salary;

3. Those who have worked continuously for 3 years or more will be paid 60% of their salary. My salary is calculated at 70% of the employee's take-home salary under normal circumstances. If the sick leave salary of an employee is lower than the average monthly salary of the enterprise to which he or she belongs, he or she shall make up to 40 of the average monthly salary of the enterprise.

If 40% of the average monthly wage of an enterprise is lower than the standard of the city's regular subsistence allowance for in-service employees, it should be made up to this level. If the sick leave salary of an employee is higher than the average monthly wage of the previous year, it may be calculated and paid according to the average monthly wage of the previous year. Calculation of the daily wage of an employee who takes personal leave on a working day under the system:

70 of the person's monthly take-home salary under normal circumstances, divided by the number of days worked per month. The deduction for the portion of his salary is calculated by multiplying the number of days he has taken personal leave by his daily wage. The deduction of the bonus part shall be implemented in accordance with the provisions of the measures for the calculation and distribution of bonuses of the unit.

3. How to deduct wages for personal leave? According to the law, the employer of the employee can deduct the daily salary of the employee. As for whether the deduction of wages by the unit is reasonable, the following calculation methods are provided for reference:

1. Daily wage: The daily wage is calculated as follows: basic salary 21

75, the state imitation can calculate the number of your actual wages per day. The basic salary is the salary agreed in your employment contract, not the actual salary you get in the current month. The number of paid days per month is 21

75 instead of 21 16.

2. The amount of wages due: the basic salary minus your overtime pay, allowances, and subsidies is the actual amount of wages you should have.

3. The number of take-home wages: the wages due to you are deducted from the wages for the number of days of personal leave, the amount of social insurance, and personal income tax (if any), and the rest is your salary.