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According to Article 3 of the Minimum Wage Regulations of the Ministry of Labor and Social Security Decree No. 21 of the Ministry of Labor and Social Security adopted by the 7th Ministerial Conference of the Ministry of Labor and Social Security and implemented on March 1, 2004, "the minimum wage standard referred to in these Regulations.
It refers to the labor contract signed by the employee during the statutory working hours or in accordance with the law.
The minimum remuneration that the employer shall pay in accordance with the law on the premise that normal labor is provided within the agreed working hours.
The term "normal labor" as used in these Provisions refers to the labor performed by workers during the statutory working hours or the working hours agreed in the labor contract in accordance with the provisions of the labor contract signed in accordance with the law. Employees are entitled to paid annual leave in accordance with the law.
The period of leave prescribed by the state, such as family leave, marriage and funeral leave, maternity (maternity) leave, birth control surgery leave, etc., as well as the period of participating in social activities in accordance with the law during the statutory working hours, shall be deemed to have provided normal work. ”
According to the above provisions, your salary of 1320 + post allowance should be used as the calculation base for paying 80% of living expenses. Overtime.
and welfare subsidies cannot be used as the basis for the calculation of 80% of the living expenses during the period of suspension of work, nor can they be used as the basis for the calculation of overtime pay.
GD Lone Sail).
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In your case, overtime pay is calculated on the base salary base. If an employee is arranged to work longer hours within the standard working day, he or she shall be paid a wage remuneration of not less than 150% of the wage; If the worker is assigned to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200% of the wage; If 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.
However, if you calculate your monthly salary level, it is not only the basic salary, but also the general company salary component also has a position allowance + welfare subsidy + full attendance bonus, etc.
The company is not very busy, and the arrangement of employees to rest is calculated at 80% of the gross salary. Of course, the general company is calculated according to 80% of your basic salary, and we have also encountered cases where you are on vacation and do not pay wages at all.
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Every company should be different, and you should talk to your boss about this specifically. Our company doesn't matter how much overtime you work on.
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Normal working hours are the legal standard working hours, i.e. 8 hours a day, 5 days a week.
The calculation base of overtime pay should be based on all the wages payable in the previous month - overtime pay in the previous month, and your situation is the basic salary + post allowance + compensation + ** fee.
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The scope of this topic is simply too broad to be more specific.
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Under normal circumstances, wages include basic wages, performance appraisal wages, various subsidies, etc., and the wages of workers are determined by consensus between the two parties when the workers and employers establish labor relations, and if the legitimate rights and interests of the workers are infringed, they have the right to request the relevant departments to deal with them according to law, or apply for arbitration or file a lawsuit in accordance with the law.
Labor Contract Law
Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.
Article 78 Trade unions shall safeguard the lawful rights and interests of laborers in accordance with law, and shall supervise the performance of labor contracts and collective contracts by employers. If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to submit opinions or request corrections; Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law.
Interim Regulations on the Payment of Wages
Article 18 The labor administrative departments at all levels shall have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.
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There is a difference, the basic salary is the minimum guaranteed wage, and the normal salary also includes allowances, bonuses, and the like.
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Your question is too general!
1.There are three types of working hours, as mentioned above, in the labor law: the standard work system, the comprehensive calculation work system, and the irregular work time system.
The standard working system is 40 hours a day, no more than 44 hours; The comprehensive calculation of working hours and irregular working hours is based on the nature of the enterprise, and the enterprise shall apply and approve it to the labor bureau.
2.The salary standard of each position is generally the salary table of the post, which is used as the basis for the recruitment or salary increase of the middle staff, which is determined according to the ability of the enterprise and the market level. And the minimum wage is not allowed to be lower than the minimum standard set by the local labor bureau!
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Working in a place with food and accommodation, the working hours are usually longer, maybe more than 10 hours, and the salary is 1,000 yuan, which is about the same.
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The Law stipulates that there are three working hours system, according to the standard working hour system, and the work week is required.
40 hours, please refer to: Standard working hours system - noun explanation banquet.
Regarding wages, there are minimum wage standards in various places, and different positions also have a general market reputation.
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Relevant provisions of the Labor Law. Workers work 8 hours a day.
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