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The Justice Bureau of Yancheng City rates the director of the city's law office to visit me
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Director Liu Hong was invited to give a special lecture on the units directly under the Nanjing Municipal Health Bureau
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Labor law on double wages
Lawyer Zhang Zufeng
Double wages, that is, twice the wages, double the meaning of wages, the following we look at the labor contract law on the double wages of the provisions, see below.
Article 82 If the employer fails to enter into a written labor contract with the laborer for less than one month after the date of employment, the employer shall pay twice the monthly salary to the laborer.
Where the employing unit violates the provisions of this Law and does not enter into a fixed-term labor contract with the laborer, the employer shall pay twice the monthly salary to the laborer if he / she shall enter into a fixed-term labor contract.
Article 6 Where the employing unit has not entered into a written labor contract with the laborer for less than one month after the date of employment, it shall pay twice the monthly wages to the laborer in accordance with the provisions of Article 82 of the Labor Contract Law and If the laborer does not enter into a written labor contract with the employing unit, the employing unit shall notify the laborer in writing to terminate the labor relationship and pay the economic compensation in accordance with the provisions of Article 47 of the Labor Contract Law.
The employer shall pay twice the monthly wage to the laborers twice a month for the day after the date of employment, and the deadline is the day before the written labor contract is fixed.
Article 34 The employing unit shall pay the laborer twice the monthly salary or pay the compensation to the laborer in accordance with the provisions of the Labor Contract Law, and the labor administrative department shall order the employing unit to pay.
Article 47 Economic compensation shall be paid to the laborers on the basis of the number of years in which the laborer shall pay the monthly salary for the work of one month. More than six months less than one year, according to a year; less than six months, to pay half a month wages to the workers of economic compensation.
The monthly wage of laborers is higher than the monthly average wage of the employees in the region last year, the municipal people's government of the district where the employing unit is located shall be paid three times the average monthly wage of the employees. The maximum age for payment of economic compensation is no more than twelve years.
The monthly wage referred to in this Article refers to the average wage of laborers twelve months before the termination or termination of the labor contract.
1. Calculation of overtime pay in labor law
1.8 hours plus points: According to the "Regulations of the State Council on the Working Hours of Workers", which came into effect on May 1, 1995, Article 3 "employees work 8 hours a day and work 40 hours a week." Therefore, if workers are arranged every day 8 hours to extend the working hours, it should be in accordance with the "Labor Law" Article 44 of the first paragraph to pay overtime, that is, overtime pay of not less than 150% of the wages;
2. Overtime Overtime: If the workers are arranged to work on the rest day, they should pay the overtime pay in accordance with Article 44 (2) of the Labor Law, that is, overtime pay of not less than 200%
3. Regular holiday overtime: overtime pay of not less than 300% of wages.
4. Piecework wages overtime: According to "Interim Provisions on Pay Payments" Article XIII provides that: "the implementation of piece-rate wage workers, after the completion of the piece-rate fixed task, by the employer to extend the working hours, should be based on the above provisions In accordance with the principle of not less than their own statutory working hours of the unit price of 150%, 200%, 300% of the wages paid by the labor administrative departments approved the implementation of a comprehensive calculation of working hours, the comprehensive calculation of working hours more than the statutory work The part of the time shall be regarded as an extension of the working hours and shall be paid in accordance with the provisions of the wages of the laborers to extend their working hours, and the laborers who implement the irregular working hours shall not enforce the above provisions.
5. Based on the Ministry of Labor and Social Security issued on March 17, 2000, "on the average annual working hours of workers and wages of the notice of the notice": "the average number of employees working days and the number of work The time is adjusted to 20.92 days and 167.4 hours. "Therefore, the implementation of comprehensive calculation of working hours, if the average number of working days more than 20.92 days, or the average working hours of more than 167.4 hours, should be considered plus points, in accordance with the" Labor Law " Article 44 of the first paragraph to pay overtime, that is, overtime pay of not less than 150% of the wages.
The number of days worked per month (ie, the average number of working days per month) is clearly defined as 20.92 days and the average working time is 167.4 hours. Workers 'workers' illnesses or non-work-related injuries shall be paid within six months of continuous medical treatment. In accordance with the provisions of Article 13 (2) of the Labor Insurance Regulations, the administrative expenses of the enterprise shall be paid by the administrative or sub- If the enterprise is less than 2 years old, I earn 60% of my salary. If you are less than 4 years, I am 70% of my salary. If you are less than 6 years, I will pay 80% of my salary. Year, for my salary of 90%; has been 8 years and 8 years or more, for my salary 100%
Second, the labor law sick pay regulations
1, workers sick or non-work injury during treatment, in the prescribed medical period by the enterprise in accordance with the relevant provisions to pay their sick pay or sickness relief costs, sick pay or sickness relief fee can be lower than the local minimum wage to pay, but not Below 80% of the minimum wage.
2, in addition to the provisions of Article 25 of the labor law, the workers in the medical period, pregnancy, birth and lactation period, labor, labor contract expires, the employer shall not terminate the labor contract. The term of the labor contract should be extended to the medical period, the period of pregnancy, the date of delivery and the lactation period.
3, please long sick leave after the expiration of medical work, can engage in the original work, you can continue to perform the labor contract; after the expiration of medical work can not be engaged in the original work can not be arranged by the work of the unit by the Labor Advisory Committee Identification of Labor Ability of Work Injury and Occupational Disease Disability Criteria. Is identified as one to four, should be withdrawn from the labor position, the lifting of labor relations, due to illness or non-work retired retirement retired, enjoy the appropriate retirement retirement treatment; was identified as five to ten, the employer can lift the labor Contract, and in accordance with the provisions of the payment of economic compensation and medical subsidies.
4. The "minimum wage" in Article 48 of the Labor Law refers to the minimum remuneration paid by the unit under the premise that the laborer has fulfilled the normal labor obligations during the statutory working hours. The minimum wage does not include the extended working hours of wages, paid in the form of money and housing units to pay the food subsidies, work, night work, high temperature, low temperature, underground, toxic, harmful and other special working environment and labor conditions, National laws, regulations, rules and regulations of social insurance benefits.
5, the workers sick or non-work injury, the Labor Identification Committee confirmed that the original work can not be engaged in, or can not engage in the work of the employer to arrange the work of the termination of the labor contract, the employer should be in their work unit Paid a year to the equivalent of one month wages of economic compensation, but also should be issued to no less than six months wages of medical subsidies. Suffering from serious illness and terminally ill should also increase the medical subsidy, the increase in serious illness is not less than part of the medical subsidy 50 percent, the increase in the terminally ill part of the medical subsidy is not less than 100%.
6. Calculated base for short-term sick leave
According to the relevant provisions of the "Shanghai Enterprise Payroll Measures", the calculation base of sick pay is determined according to the following principles:
(1) If the labor contract is agreed upon, it shall be determined according to the wage standard corresponding to the position (position) of the laborer who is not less than the labor contract. Collective contract (wage collective agreement) to determine the standard higher than the labor contract standards, according to the collective contract (wage collective agreement) to determine the standard.
(2) labor contracts, collective contracts are not agreed, the employer and the staff representatives through the collective consultation of wages, consultation results should be signed collective wage agreement.
(3) If the employer and the laborer have no agreement, the calculated base of the sick pay is determined according to 70% of the monthly salary of the employee's position (position).
The sick pay base calculated on the basis of the above principles shall not be lower than the minimum wage stipulated by the Municipality (current standard 635 yuan). Where the laws and regulations provide otherwise.
7, the calculation coefficient of continuous sick leave wages
(1), sickness or sick leave for workers who have been wounded for less than 6 months (also known as sick leave) are determined according to the continuous length of service:
A. If the length of service is less than two years, the sick pay is 60% of the salary;
B. Continuous working age over two years less than four years, sick pay wages for my 70%;
C. Continuous working age over four years less than six years, sick pay wages for my 80%;
D. Continuous working age over six years less than eight years, sick pay wages for my 90%;
E. For continuous years of age and eight years or more, sick pay is 100% of my salary.
(2), sickness of sickness of workers or non-work-related injuries for more than 6 months (also known as sickness relief fee) is determined according to the continuous length of service:
A. Continuous service age less than one year, the disease relief fee is 40% of my salary;
B. Continuous working age over one year less than three years, the disease relief fee is 50% of my salary;
C. Continuous service for three years and more than three years, the disease relief fee for my salary of 60%.
The above-mentioned "wages" refer to the calculation base of the sick pay as determined by the principle stipulated in the "Shanghai Enterprise Wage Payment Method".
8, the calculation of sick pay
Monthly sick pay = the calculated base of sick payroll × the calculated coefficient of the corresponding sick pay
Day sick pay = sick payroll calculation base ÷ monthly payday × corresponding sick pay calculation coefficient
9, the number of sick days to determine
The number of sick or non-work-related leave should be calculated on the basis of the number of days of actual leave, and the rest day should be excluded. The above formula mentioned in the payday concept, refers to the provisions of the state system of working days plus statutory holidays, such as small Feng unit system work week is 5 days a week to rest 2 days, June unit system work day is 20 Day, if it is in May you have to add "May Day" 3 days statutory holidays, rather than a unified national provisions of the average number of days 20.92 days.