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Hello, many of the company's practices are unreasonable and illegal. 1. If the two parties agree in the labor contract that the minimum wage is 1,100 yuan, and the overtime pay is calculated with 1,100 yuan as the standard, this is legal; 2. The performance salary of 1,000 yuan, how to pay and how to assess, should be detailed with rules and regulations, rather than arbitrarily and arbitrarily issued; 3. It is illegal to not pay overtime on Saturdays; 4. If it is agreed in writing that the calculation of overtime pay is based on 1100, then the hourly wage should be: 1100 days and 8 hours, instead of 1000 21 days and 8 hours; 5. If overtime is worked outside of 8 hours from Monday to Friday, then the overtime pay should be:
1100 days 8 hours 150% overtime; If it's a week.
6. If there is daily overtime and there is no compensatory leave, the overtime pay is calculated as 1100 days and 8 hours 200% overtime; If it is overtime on statutory holidays: then it should be 1100 days, 8 hours, 300% overtime; 6. It is also illegal to deduct leave from leave, so I will not repeat it here.
Lawyer Yuan Haihua.
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Let's be honest. The amount of salary depends on the competition for local positions, if the job with this salary situation is easy to find, it means that the salary is low, if it is not easy to find, it means that the salary is okay or high. Don't talk about policies, basic salaries, etc.
In a natural society, we must look at things from a natural perspective.
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First of all, the leave deduction can be calculated according to the company's method, because the company's performance is generally linked to attendance. Secondly, the local minimum wage standard is 1100, and the basic salary cannot be lower than this wage standard. Finally, overtime pay is calculated based on weekend attendance, but there is a contradiction that Saturday is not counted as overtime.
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Labor laws are basically for companies that have little social connection or are law-abiding. Who cares about you in an ordinary company?
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I don't think it's reasonable, but the result can't be changed, so I can only accept it! I think that no matter what you do, you should work hard to do it!
First of all, we should clarify the responsibilities of the work, enhance the sense of responsibility for the work, and do a good job in every job with due diligence. In the enterprise, each employee is not an independent individual, and the exchanges between departments and the cooperation between people are closely linked. It is necessary to have a holistic sense of cooperation and interdependence in the mind.
To do a good job in their own work, we must focus on the overall situation and the interests of the enterprise; We should also put the improvement of our overall quality in the forefront. The level of a person's overall quality plays a decisive role in doing his or her own work well. Only when their comprehensive quality is improved, can they be competent for their own work, and will not affect the work of others and the development of the enterprise.
With the rapid development of society and the rapid progress of science and technology, to be a "lifelong learner" employee, only to strengthen the learning of knowledge and business, improve the level of cultural knowledge, and constantly broaden their horizons and improve their self-cultivation; Strengthen the learning of business skills, constantly improve their business knowledge level and business ability, and use correct and scientific methods to put into work, in order to meet the needs of the continuous development of the enterprise and do a good job.
Make your work your own business. In the work, to be strict with the high standard of dedication, and strive to carry forward the spirit of professionalism, the work as their own career, everything from the enterprise, respect their own work, love their own post, with the sense of ownership, the spirit of dedication throughout every link of their work.
When working, we should always keep in mind the meaning of responsibility, take responsibility as a strong sense of mission, take responsibility as our own obligations, and have a high sense of responsibility for our work. Only by being loyal and trustworthy to work can we implement the sense of responsibility for work as a habit in our actual work.
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Why do you feel like your salary doesn't match your workload? This article will talk about this from several aspects.
Let's start with the income effect and the substitution effect of wages. To put it simply, when wages are low, you are willing to replace leisure time with overtime and increase wages, and when wages are high, you are willing to increase leisure time by reducing working hours. But in reality, there will be a situation, that is, the law of diminishing utility of the side
When the salary is low, you plan to increase your salary by working overtime, and after the overtime work lasts for a long time or the salary rises to a certain extent, you will be insensitive to the salary, even if you are given more salary, you will only be willing to change your attitude to reduce the working hours or reduce the intensity of work, and even hate work. Therefore, you feel that the essence of the mismatch between wages and workload is because of a change in utility.
Next, let's talk about the CAPM model. If political economy and Western economics are at the heart of financial theory, then the CAPM model is at the heart of running a company and investment analysis. The CAPM model is the capital asset pricing model, and its formula is:
ra=rf+β×rm-rf)。Among them, RA stands for expected rate of return, RF is the risk-free rate, is the risk coefficient, and RM is the market interest rate. In the process of considering wage pricing, I have tried to deform the above formula, that is, the expected rate of return Ra is replaced by the expected wage rate W, the risk-free wage rate RF is replaced by the standard wage or the no-liability base salary WF, and the market interest rate RM is replaced by the average social wage WM, and the risk coefficient remains unchanged, then, the wage pricing model can be deduced to be:
w=wf+β×wm-wf)。That is, under the premise of a given position, your salary is determined by the risk you take. However, in real life, due to the prevarication or special arrangement of the work, you may have to accept the workload that you should not bear and take the risks that you should not bear, so due to the increase in the risk weight (risk factor), the salary should be increased accordingly, and the overtime pay may be far less than the part of the salary due to the increase in the risk weight.
As a result, you will feel a mismatch between salary and workload.
Discussion on the rules of property rights. There is an elaboration of the rule of property rights in political economy, that is, as long as property rights are defined at the outset, even without human intervention, regardless of how the parties transact with each other, the transaction of property rights is efficient. The above problem is well explained when the workload is treated as a property right.
Because the workload is unclear at the beginning, and the distribution is uneven, just like property rights are not defined in the first place, how can it be efficient? As a result, people with a large distribution of work naturally feel that there is a mismatch between salary and workload.
If you really feel that your salary doesn't match your workload, consider whether your ability can handle your salary, and then consider raising your salary or staying in the company.
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There is no doubt that most people's wages are average, so I think the median salary is a more reasonable reference data, first of all, the median means that most reference data that uses this as a monthly salary is more meaningful.
The median of the monthly salary is based on the median value, the people corresponding to this statistical method are the majority of the people in the workplace, the monthly salary data represents the income of most people, and the numerical data is obviously more valuable when using such statistics as the average monthly salary, so when the average monthly salary is counted, it should be counted according to this method.
Secondly, the average will average the highest monthly salary and the lowest monthly salary, which is of little significance.
If the average monthly salary is taken as the average of the income of all the people in the previous workplace, it seems reasonable on the surface, but in fact it is of little significance, because this statistical method averages the income of the person with the highest monthly salary with the income of the person with the lowest monthly salary. The results obtained are obviously of little significance, so the value of such statistics is low.
Finally, most people's monthly salaries are more valuable for analyzing the data.
The reason why statistics are to be carried out is to obtain relatively real data of relevant samples, and from this point of view, when conducting specific statistics, the monthly salary data of most people should be used as a sample for analysis, so that statistics are more meaningful
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Legal analysis: After working for three days, if you don't want to do it, you will have a salary, and in case of arrears, the labor administration department will order you to pay labor remuneration, overtime pay or economic compensation within a time limit.
Legal basis: Labor Contract Law of the People's Republic of China
Article 11 Where an employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed upon with the worker is not clear, the labor remuneration of the newly recruited laborer shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.
Article 12. Labor contracts are divided into fixed-term labor contracts, indefinite-term labor contracts, and labor contracts with a period of completion of certain work tasks.
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Legal analysis: If the wages are unreasonable, the employer and the employee can negotiate with each other, and if the employee reaches a consensus, the labor contract can be changed. The employer and the employee may change the content of the labor contract if they reach a consensus through consultation.
Modification of the labor contract shall be in written form.
Legal basis: Article 35 of the Labor Contract Law of the People's Republic of China The employer and the employee may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form.
The amended labor contract shall be held by the employer and the employee.
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If the wages are unreasonable, the employee and the employer may negotiate and change the content of the labor contract if they reach a consensus through consultation. If the employer arbitrarily deducts wages and causes it to be unreasonable, the employee may report and complain to the Labor Bureau or apply for labor arbitration.
Article 26 of the Regulations on the Supervision of Labor and Social Security.
If an employer commits any of the following acts, the labor and social security administrative department shall order the employer to pay the employee's wages and remuneration within a specified period of time, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor and travel contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable
1) Deducting or defaulting on the wages and remuneration of workers without reason;
2) The wages paid to the workers are lower than the local minimum wage.
3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.
Article 35 of the Labor Contract Law.
If the unit of the dismantling negotiator and the employee reach a consensus through consultation, the content of the labor contract may be changed. Modification of the labor contract shall be in written form.
The amended labor contract shall be held by the employer and the employee.
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Legal Analysis: Unreasonable. It is an offence. Bonuses are also part of the salary and should be paid.
Legal basis: Article 13 of the Interim Regulations on the Payment of Simplified Wages for the Blind and Workers Article 13 If an employer arranges a worker to work outside the statutory standard working hours according to actual needs after the employee has completed the labor quota or the prescribed work tasks, it shall pay the wages according to the following standards:
1) If the employer arranges for the employee to work longer than the statutory standard working hours in accordance with the law, the employer shall pay the employee wages at a rate not lower than 150% of the employee's hourly wage as stipulated in the labor contract;
2) If the employer arranges for the worker to work on a rest day in accordance with the law, but cannot arrange compensatory leave, the employer shall pay the employee wages at a rate not lower than 200% of the employee's daily or hourly wage as stipulated in the labor contract;
3) If the employer arranges for the employee to work on statutory holidays and holidays in accordance with the law, the employer shall pay the employee wages at a rate not lower than 300% of the employee's daily or hourly wage as stipulated in the labor contract.
If the employer arranges an extension of working hours for a worker who is subject to piece-rate wages 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 trousers calculated and worn during his statutory working hours in accordance with the principles stipulated above. If the labor administrative department has approved the implementation of the comprehensive calculation of working hours, the part of the comprehensive calculation of working hours exceeding the statutory standard working hours shall be regarded as extended working hours, and the wages for extended working hours shall be paid to the workers in accordance with these provisions. Employees who practice the irregular working hours system are not subject to the above provisions.
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