Whether it is illegal to deduct wages from work before the Spring Festival to April 5

If the Spring Festival holiday resumes work on April 5 and the monthly wage is implemented, the wages shall be paid in accordance with the standards agreed in the labor contract in the first month; From the day after the expiration of one month, the living expenses shall be paid according to the standard stipulated by the local **.

Labor. Interim Provisions on Payment of Wages".

Ministry of Labor No. 1994 No. 489.

Article 12 Where the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the wages of the employee according to the standard stipulated in the labor contract. If the wage payment cycle exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.

Labor. Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China

Lao Bu Fa (1995 No. 309.

58. The enterprise shall pay the living expenses of the employees who are waiting for work in accordance with the relevant regulations of the local government, and the living expenses may be lower than the minimum wage standard. Where female employees are laid off due to long leave due to childbirth or breastfeeding, they shall receive maternity allowance in accordance with law during the period of their statutory maternity leave; Enterprises that do not participate in maternity insurance shall be paid the original wages by the enterprise.

About 2014.

Notice of some holiday schedules.

State Office Invention Electricity 2013 No. 28.

The people of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions, and all directly affiliated institutions:

With the approval of ***, the specific arrangements for the 2014 New Year's Day, Spring Festival, Qingming Festival, Labor Day, Dragon Boat Festival, Mid-Autumn Festival and National Day holiday are notified as follows.

1. New Year's Day: 1 day off on January 1.

2. Spring Festival: January 31 to February 6, a total of 7 days. January 26 (Sunday) January 8 (Saturday) to work.

3. Ching Ming Festival: April 5 holiday, April 7 (Monday) compensatory holiday.

4. Labor Day: May 1 to 3 will be closed for a total of 3 days. May 4 (Sunday) to work.

5. Dragon Boat Festival: June 2 holiday, and weekends.

6. Mid-Autumn Festival: September 8 holiday, and weekends.

7. National Day: October 1st to 7th, a total of 7 days. September 28 (Sunday) and November 11 (Saturday) to work.

During the holidays, all localities and departments should properly arrange the work of duty and security, security, etc., and in case of major emergencies, they should report and properly handle them in a timely manner in accordance with the regulations, so as to ensure that the people spend the holidays peacefully and safely.

It is reasonable, because this socks are empty for a holiday, there is a specified time, if you want to rest more to fight a good spring, it is a kind of absenteeism, so you have the right to deduct wages.

This is a joint argument. This is because the country has statutory holidays during the Spring Festival, and there are clear regulations on the time of the holiday.

It is reasonable, and the few hidden days that are made do not belong to their own personal rights, so there is no way to reach the unit when they are working, and they should be deducted from their travel expenses.

Legal analysis]: Of course, it is illegal for the company to deduct wages during the Spring Festival holiday; Generally, if the unit is closed due to non-workers, then in addition to the normal holiday date, the other days should be paid according to the minimum wage standard, so as to protect the legitimate rights and interests of the workers. The Spring Festival is a national holiday, and during the vacation period, the employer does not have any right to deduct the employee's wages, and the employee can complain and report to the labor and social security department (labor inspection brigade). It is also possible to apply to the Labor Dispute Arbitration Commission for labor arbitration.

Legal basisArticle 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during the period of participating in social activities in accordance with the law.

Legal Analysis: Unreasonable. The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law.

China's law stipulates that the Spring Festival is a national holiday, and during the vacation period, the employer does not have any right to deduct the wages of its employees, otherwise the employer will be punished accordingly. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the employer may file a complaint with the labor administrative department, which shall handle it in accordance with law. The investigation of violations of labor security laws, regulations or rules by the administrative department for labor security shall be completed within 60 working days from the date on which the case is filed; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.

Legal basis: Provisions on the Composition of Total Wages

Article 3 Total wages refer to the total amount of labor remuneration paid directly by each unit to all employees of the unit within a certain period of time. The calculation of gross wages shall be based on the total remuneration paid directly to the employee.

Article 4 The total salary shall be composed of the following six parts:

1) Hourly wages;

2) piece-rate wages;

c) bonuses; iv) allowances and subsidies;

5) Overtime wages; Watayama wide.

6) Wages paid under special circumstances.

Draft Amendment to the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on Labor Insurance Article 38 The general length of service refers to the working hours of all or the main ** of workers and employees who use their wage income as the means of subsistence. When calculating the general length of service, the length of service of the enterprise should be included.

Legal analysis

It is illegal for schools to collect make-up fees, and the state clearly stipulates that paid make-up classes are not allowed, and the specific provisions are as follows:

1. It is strictly forbidden for primary and secondary schools to organize or require students to participate in paid make-up classes;

2. It is strictly forbidden for Zhongmin Rolling Primary School and off-campus training institutions to jointly conduct paid make-up classes;

3. It is strictly forbidden for primary and secondary schools to provide educational and teaching facilities or student information for off-campus training establishments to make up classes for a fee;

4. It is strictly forbidden for in-service primary and secondary school teachers to organize, recommend, or induce students to participate in paid make-up classes inside or outside the school;

5. It is strictly forbidden for in-service primary and secondary school teachers to participate in paid make-up classes organized by off-campus training institutions or by other teachers, parents, parents' committees, and so forth;

VI. It is strictly forbidden for in-service primary and secondary school teachers to introduce students or provide relevant information to off-campus training establishments and others.

Legal basis

Opinions on Further Reducing the Burden of Homework and Extracurricular Training for Students in the Compulsory Education Stage".

Article 4 Improve the operation management mechanism. Schools should improve homework management methods, strengthen the overall planning of homework by subject groups and grade groups, reasonably regulate and control the structure of homework, and ensure that the difficulty does not bridge the disadvantages and exceed the national curriculum standards. Establish an on-campus publicity system for homework and strengthen quality supervision.

It is strictly forbidden to assign homework to parents or assign homework in disguise, and it is strictly forbidden to ask parents to check or correct homework.

Article 5 The total amount of operations shall be clarified by classification. The school should ensure that the primary school is secured.

In the first and second grades, no written homework is assigned, and consolidation exercises can be appropriately arranged in school. The average time to complete written assignments in grades 3 to 6 is not more than 60 minutes, and the average time to complete written assignments in junior high school is not more than 90 minutes.

Article 6 Improve the quality of operation design. Give full play to the functions of homework diagnosis, consolidation, and learning situation analysis, incorporate homework design into the teaching and research system, and design basic homework that conforms to the characteristics of age and learning rules and reflects the orientation of quality education. Encourage the arrangement of hierarchical, flexible and personalized operations, resolutely overcome mechanical and ineffective operations, and eliminate repetitive and punitive operations.

Article 7: Strengthen guidance on the completion of operations. Teachers should instruct elementary school students to basically complete written homework in school, and junior high school students to complete most of their written homework in school. Teachers should conscientiously correct homework, give feedback in a timely manner, strengthen face-to-face explanations, carefully analyze the learning situation, and do a good job of answering questions and guidance.

Students must not be required to self-correct their homework.

Legal Analysis: Holidays. Most companies will still give employees holidays on statutory holidays in accordance with national regulations, and at the same time, they will also protect the legitimate rights and interests of employees during the holidays and pay their corresponding salaries.

Usually, when companies notify employees of holiday arrangements, they often combine their own situation, such as arranging some employees to be on duty, which is actually understandable.

The law imitates the basis of balanceLabor Law of the People's Republic of China

Article 40 An employer shall arrange leave for its employees during the following holidays in accordance with law: (1) New Year's Day; (2) Spring Festival; (3) International Labor Day; (4) National Day; (5) Other holidays and holidays provided for by laws and regulations.

Article 51 The employer shall pay wages to the workers in accordance with the law during the period of statutory leave and marriage and funeral leave, as well as the period of participating in social activities in accordance with the law.

If the Spring Festival holiday is 20 days, which is a statutory holiday and paid annual leave, it is unreasonable to deduct wages. However, if the employee does not come to work beyond the statutory holidays and the holidays stipulated by the employer, the employer may refuse to pay the wages for the period of the employee's absence.

Article 11 of the Interim Provisions on Payment of Wages During the period when an employee is entitled to annual leave, family leave, marriage leave and bereavement leave in accordance with the law, the employer shall pay the employee's wages according to the credit training standard stipulated in the labor contract. Article 2 of the Measures for Holidays on National Festivals and Memorial Days for all citizens: (1) New Year's Day, 1 day off (January 1); 2) Spring Festival, 3 days off (at the beginning of the first lunar month.)

First, the beginning. 2. The third year of junior high school); 4) Labor Day, 1 day off (May 1); 5) Dragon Boat Festival, 1 day off (on the day of the Dragon Boat Festival in the lunar calendar); 6) Mid-Autumn Festival, 1 day off (slippery tease only on the day of the Mid-Autumn Festival of the lunar calendar); 7) National Day, 3 days off (October 1, 2, 3).