Is the basic salary of leave even rest counted?

It's also a decision based on the rules of the employer you are applying for, the contract you have signed with the employer, and you can travel according to his contract.

Legal analysis: whether and how much salary will be deducted from leave is determined by the reason for leave

1. Personal leave. According to the regulations, the amount of salary deducted for one day of personal leave = monthly salary is the number of monthly salary days stipulated in the labor law. Monthly payroll days (365 days-104 days) 12 days.

2. Sick leave. According to the regulations, the amount of salary deducted for one day of sick leave = monthly salary, of which 40% is the maximum deduction ratio, and the deduction ratio of general companies is less than 40%, and some companies have a certain number of days of paid sick leave. In addition, the labor law stipulates that the daily wage after deduction shall not be less than 80% of the local minimum wage.

3. Annual leave and others. Paid leave, marriage leave, bereavement leave and other legal holidays stipulated by the state shall not be deducted from the wages of employees. If the company does not deduct the employee's wages in accordance with the provisions of the labor law, the employee may file a labor arbitration with the local labor department.

Legal basis: Labor Law of the People's Republic of China Article 51 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.

Legal analysis: basic salary cannot be deducted. The basic salary is the minimum subsistence guarantee in each city. It is not legal to deduct the basic salary and make the salary lower than the minimum living allowance.

Legal basis: "Opinions on the Implementation of the Labor Law of the People's Republic of China" Article 56 In a labor contract, the clause agreed by both parties that the employee may be paid lower than the minimum wage standard if the employee has not completed the labor quota or contracted task, shall not have legal effect.

It is not a deduction of money, but the day of leave is not counted in the salary. For example, if you have a monthly salary of 5000, and you should have worked 22 days that month, and you only worked for 21 days, then the salary you get is 5000 22*21, of course, these money will be deducted from social security and personal income tax.

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

Article 36 The State implements a system of working hours in which the daily working hours of laborers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours.

Article 37 For laborers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system stipulated in Article 36 of this Law.

Article 38 An employer shall ensure that a worker has at least one day off per week.

Article 39 If an enterprise is unable to implement the provisions of Article 36 and Article 38 of this Law due to the characteristics of production, it may, with the approval of the labor administrative department, implement other methods of work and rest.

Article 40 Employers shall arrange labor leave in accordance with the law during the following holidays: New Year's Day; 2. Spring Festival; 3. International Labor Day; 4th National Day; 5. Other holidays and holidays stipulated by laws and regulations.

Article 44 In any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for normal working hours according to the following standards:

1. Where workers are arranged to work longer hours, they shall be paid a salary of not less than 150 percent of the wages of the workers;

2. Where a worker is assigned to work on a rest day and cannot be arranged for a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of the wage;

3. 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 of his wages.

Article 45 The State implements a system of paid annual leave.

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

Legal analysis: It is illegal to take leave to deduct the basic salary, and you can apply for labor arbitration at the Labor Arbitration Department including Hu Zhenmen to protect the legitimate rights and interests of self-talking.

Legal basis: 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 worker 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.

Article 44 In any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) Where the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; 2. Where a worker is assigned to work on a rest day and cannot be arranged for a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of the wage; 3. 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 of his wages.

Summary. Dear dear, hello, I am very happy for you to ask for this question Leave and rest without pay Oh Wages and benefits during the period of personal leave (including sick leave) for workers, state organs and institutions implement a wage payment system. According to the different qualities of employees and the different systems implemented, employees generally do not pay wages during personal leave because they enjoy overtime wages in the enterprise; Administrative personnel and engineering and technical personnel are not entitled to overtime pay in the enterprise.

If you take personal leave within two working days per quarter, your salary will be paid as usual. If the personal leave exceeds two working days, the salary shall not be paid according to the number of days exceeding two working days.

Hello for your question, leave and rest without pay Oh Wages during the period of personal leave (including sick leave), state organs and institutions implement a wage payment system. According to the different qualities of employees and the different systems implemented, employees in the enterprise enjoy overtime wages, and generally do not pay wages during personal leave; Administrative personnel and engineering and technical personnel are not entitled to overtime pay in the enterprise. If you take personal leave within two working days per quarter, your salary will be paid as usual.

If the personal leave exceeds two working days, the salary shall not be paid according to the number of days exceeding two working days.

The salary and treatment during the family visit leave shall be paid to the employee during the specified period of home visit leave and during the business trip. When the employee himself or her immediate family members (parents, spouses, children) die, the marriage and funeral period of one to three days shall be granted with the approval of the unit leader. When an employee does not work in the same place when he or she gets married, and the employee needs to go to another place for his or her immediate family member to pass away, the employee can be given a distance to leave according to the distance.

Wages are allowed to be paid during weddings, funerals, and travel leave. Employees can enjoy paid annual leave from their employers. Annual leave is generally 7 to 14 days.

Personal leave is generally deducted according to the number of vacation days, that is: monthly salary Personal leave days = deductible personal leave salary.

Whether the leave is deducted according to the basic salary or the total salary depends on the situation, as follows:

1. Personal leave is based on the basic salary divided by the number of working days in the whole month and then multiplied by the number of days of leave, and the standard of deduction of wages for personal leave shall be determined according to the labor contract signed with the employer at that time, and shall be implemented in accordance with the rules and regulations of the employer's single land destruction;

2. Calculation method of personal leave salary of general company:

1) The daily wage is calculated according to the pay day of the month of personal leave. That is, divide the salary of the current month by the pay day of the current month to obtain the amount of daily wages;

2) The daily wage is calculated according to the average monthly pay day of the whole year. There are a total of 52 weeks in the year, and there are 104 days of rest without pay, for example, 365 days minus the number of days off to get 261 pay days, divided into 12 months, which is the day.

Legal basisArticle 46 of the Labor Law of the People's Republic of China.

The distribution of capital shall follow the principle of distribution according to hail work, and implement equal pay for equal work.

The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control over the total amount of wages.

Article 47.

Employers shall, in accordance with the characteristics of their production and operation and economic benefits, independently determine their wage distribution methods and wage levels in accordance with the law.

Article 50. Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Legal analysis: The minimum guarantee is the amount that can be guaranteed If there is a leave, it is a commission minus the number of days of leave.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner.

If the employer is in arrears or fails to pay the full amount of the remuneration for the labor force, 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.