1. Please take a day off to work. How much salary can the factory deduct?
Ask for personal leave. According to the regulations, the salary will be deducted for one day of personal leave, and the monthly salary will be ÷2 1.75. 2 1.75 is the number of paid days per month stipulated in the labor law. Paid days per month = (365 days-104 days) ÷ 65438+February = 2 1.75 days sick leave. According to the regulations, the amount of wages deducted for one sick day per month is ÷2 1.7540%, of which 40% is the highest deduction ratio. The average company's deduction ratio is less than 40%, and some companies also take paid sick leave for a certain number of days. Moreover, the labor law stipulates that the daily salary after deduction shall not be less than 80% of the local minimum wage. Annual leave and others. The company shall not deduct employees' wages due to paid leave, marriage leave, funeral leave and other legal holidays stipulated by the state. If the company arbitrarily deducts employees' wages in violation of the law, employees can file labor arbitration with the local labor department.
Second, how to calculate the sick pay of employees?
The total sick pay is generally not less than 80% of the local minimum wage, and the specific amount depends on local policies. Sick pay is generally calculated according to the medical treatment period. The medical treatment period starts from the first day of sick leave. During the sick leave period, including public holidays, holidays and legal holidays, the number of days of sick leave pay is calculated according to the number of medical days.
A, the contents of the labor contract are:
1. Term of labor contract. Labor contracts are divided into fixed term and non-fixed term, and the term is to complete certain work;
2. Work content. That is, the work and post you are engaged in;
3. Labor protection and working conditions. This is an important part of the labor contract, covering working hours, rest and vacation, labor safety and health, special protection for female workers and underage workers, vocational training, welfare benefits and so on.
4. Labor remuneration. The specific amount, payment items, calculation method and payment date of labor remuneration shall be stated;
5. Social insurance. Define the social insurance items that employers and workers should participate in;
6. Conditions for termination of the labor contract. It shall be concluded in strict accordance with the relevant provisions of laws and regulations. Do not comply with laws and regulations, do not terminate the labor contract.
7. Liability for breach of labor contract. The agreement on liquidated damages in the labor contract can only include the agreement on violating the service period and keeping business secrets, and other agreements are invalid;
8. Additional obligations of both parties after the termination of the labor contract.
Second, the vacation system includes:
1. Employees shall submit written applications 1 day in advance for personal leave, sick leave, marriage leave, maternity leave, funeral leave and work-related injury leave;
2. Do a good job handover when taking leave, and don't delay the work because of taking leave;
After the holiday, you should arrive at your post on time and return to work. If you ask for leave at work or cancel your leave, you must punch in the card at the first time and go to the office to go through the formalities of canceling your leave. In the absence of the office staff, it can be handled temporarily by the department manager or general manager. When the office staff is on duty, go through the formalities of terminating your vacation, otherwise you will be absent from work.
The relevant legal basis of this article.
Labor law of the people's Republic of China
Article 36 The state practices a working-hour system in which laborers work no more than eight hours a day and no more than 44 hours a week on average.
Article 37 The employing unit shall, in accordance with the working hours system stipulated in Article 36 of this Law, reasonably determine the labor quota and piecework remuneration standard for the workers who carry out piecework.
Article 38 The employing unit shall ensure that workers have at least one day off every week.
Article 45 The State practices the system of paid annual leave. Workers who have worked continuously for more than one year are entitled to paid annual leave. Specific measures shall be formulated by the State Council.
2022-12/09 answer
Relevant suggestions
Salary deduction standard for employees who take ten days off.
Legal analysis: personal leave. According to the regulations, the salary deducted for one day of personal leave = monthly salary ÷2 1.75. 2 1.75 is the number of paid days per month stipulated in the labor law. Paid days per month = (365 days-104 days) ÷ 65438+February = 2 1.75 days sick leave. According to the regulations, the salary deducted for one sick day = monthly salary ÷2 1.75X40%, of which 40% is the highest deduction ratio. The average company's deduction ratio is less than 40%, and some companies also take paid sick leave for a certain number of days. Moreover, the labor law stipulates that the daily salary after deduction shall not be less than 80% of the local minimum wage. Annual leave and others. The company shall not deduct employees' wages due to paid leave, marriage leave, funeral leave and other legal holidays stipulated by the state. Legal basis: Article 36 of the Labor Law of People's Republic of China (PRC) * * * The state practices a working hour system in which the daily working hours of laborers do not exceed eight hours and the average weekly working hours do not exceed forty-four hours. Article 37 The employing unit shall, in accordance with the working hours system stipulated in Article 36 of this Law, reasonably determine the labor quota and piecework remuneration standard for the workers who carry out piecework. Article 38 The employing unit shall ensure that workers have at least one day off every week. Article 45 The State practices the system of paid annual leave. Workers who have worked continuously for more than one year are entitled to paid annual leave. Specific measures shall be formulated by the State Council.
Rizhao lawyer Liu Zhiyuan has been practicing for 4 years.
How much is deducted for a day off?
Whether or not to deduct wages when taking leave depends on the reason for taking leave: 1, personal leave. According to the regulations, the amount of salary deducted for one day of personal leave = monthly salary? 2 1.75。 2 1.75 is the number of paid days per month stipulated in the labor law. Paid days per month = (365 days-104 days)? 65438+ February = 2 1.75 days 2. Sick leave According to the regulations, how much salary is deducted for one sick day = monthly salary? 2 1.75X40%, of which 40% is the maximum deduction ratio, and the deduction ratio of general companies is less than 40%, and some companies have paid sick leave for a certain number of days. Moreover, the labor law stipulates that the daily salary after deduction shall not be less than 80% of the local minimum wage. 3. Annual leave and others. The company shall not deduct employees' wages due to paid leave, marriage leave, funeral leave and other legal holidays stipulated by the state. If the company violates the provisions of the labor law and arbitrarily deducts employees' wages, employees can file labor arbitration with the local labor department. Legal basis: Article 36 of the Labor Law of People's Republic of China (PRC) * * * The state practices a working hour system in which the daily working hours of laborers do not exceed 8 hours and the average weekly working hours do not exceed 44 hours. Article 37 of the Labor Law of People's Republic of China (PRC) * * * The employing unit shall, according to the working hours system stipulated in Article 36 of this Law, reasonably determine the labor quota and piecework remuneration standard of the workers who carry out piecework. Article 38 of the Labor Law of People's Republic of China (PRC) * * * The employing unit shall ensure that workers have at least a weekly rest 1 day.
Lawyer Zhang Wenbo has been practicing for three years.
How much is deducted for a day off?
Legal analysis: Whether and how much wages are deducted from leave depends on the reasons for leave: 1, personal leave. According to the regulations, the salary deducted for one day of personal leave = monthly salary ÷2 1.75. 2 1.75 is the number of paid days per month stipulated in the labor law. Paid days per month = (365 days-104 days) ÷ 65438+February = 2 1.75 days 2. Sick leave. According to the regulations, the salary deducted for one sick day = monthly salary ÷2 1.75X40%, of which 40% is the highest deduction ratio. The average company's deduction ratio is less than 40%, and some companies also take paid sick leave for a certain number of days. Moreover, the labor law stipulates that the daily salary after deduction shall not be less than 80% of the local minimum wage. 3. Annual leave and others. The company shall not deduct employees' wages due to paid leave, marriage leave, funeral leave and other legal holidays stipulated by the state. If the company violates the provisions of the labor law and arbitrarily deducts employees' wages, employees can file labor arbitration with the local labor department. Legal basis: Article 36 of the Labor Law of People's Republic of China (PRC) * * * The state practices a working hour system in which the daily working hours of laborers do not exceed 8 hours and the average weekly working hours do not exceed 44 hours. Article 37 The employing unit shall, in accordance with the working hours system stipulated in Article 36 of this Law, reasonably determine the labor quota and piecework remuneration standard for the workers who carry out piecework. Article 38 The employing unit shall ensure that workers have at least a weekly rest 1 day. Article 39 If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may take other measures for work and rest with the approval of the labor administrative department.
Lawyer Ding Yan's practice 10 year.
How to deduct the salary for a day off?
Legal analysis: 1. Personal leave Deduction of salary for one day of personal leave = monthly salary ÷2 1.75. 2. sick leave. One-day sick leave will be deducted = monthly salary ÷2 1.75X40%. The Labor Law stipulates that the salary on the day after deduction shall not be less than 80% of the local minimum wage. Legal basis: Article 48 of the Labor Law of People's Republic of China (PRC). The state implements the minimum wage guarantee system. The specific standard of the minimum wage shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record. The wages paid by the employer to the workers shall not be lower than the local minimum wage. Article 30 of the Labor Contract Law of People's Republic of China (PRC) * * * The employing unit shall pay the laborers' labor remuneration in full and on time in accordance with the stipulations of the labor contract and the provisions of the state. If the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law. Article 44 Under any of the following circumstances, the employing unit shall pay the wages higher than the wages of the workers during their normal working hours according to the following standards: (1) If the workers are arranged to extend their working hours, they shall pay the wages not less than 150% of the wages; (2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 200% of their wages; (3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.
Lawyer Wei has been practicing for 5 years.
How much is deducted for a day off?
Have personal leave, sick leave, marriage leave, funeral leave, maternity leave, annual leave, etc. ; Among them, the employer does not have to pay wages for personal leave. Legal Basis Article 51 of the Labor Law of People's Republic of China (PRC) * * * During legal holidays, wedding and funeral leave and participation in social activities according to law, the employer shall pay wages according to law.
Suzhou criminal lawyer Zhou has been practicing for 23 years.
Please take five days off. How much is your salary deducted?
Legal analysis: Every company will have its own attendance management regulations and salary management system, which shall be subject to the company's calculation. In the attendance management system of general companies, personal leave is deducted from the salary of the day. Daily wage = monthly wage /2 1.75. Legal basis: Opinions of the Ministry of Labor on Wages during Overtime, Personal Leave, Sick Leave and Shutdown Article 1 Because of the different nature of work, employees in enterprises can enjoy overtime pay, but they will not be paid during general personal leave.
Lawyer practice in Wang Xinghua 14 years.
How to calculate the salary of employees on vacation 10 days?
Legal analysis: Absence wages can be converted into daily wages multiplied by absence days. Basic salary refers to the basic labor remuneration that an enterprise must pay when employees complete their work tasks or labor quotas within legal working hours. The basic salary includes all wages except bonuses, overtime pay and special labor compensation allowances (such as night shift allowance, high temperature, low temperature, toxic and harmful allowance, mobile construction allowance, etc.). ). The total salary minus the absenteeism salary is the salary payable this month. Legal basis: Article 3 of the Labor Law of People's Republic of China (PRC) stipulates that workers enjoy the rights of equal employment and occupation selection, remuneration, rest and vacation, occupational safety and health protection, vocational skills training, social insurance and welfare, submission of labor dispute settlement and other labor rights stipulated by law. Laborers should complete labor tasks, improve their professional skills, implement labor safety and health laws and regulations, and observe labor discipline and professional ethics.
Lawyer Liu's practice 10 year.
Company vacation deduction standard
The company's deduction standard for leave is as follows: 1, and 60% of my salary will be paid if my continuous service is less than 2 years; 2, continuous service for 2 years and less than 4 years, according to 70% of my salary; 3, continuous service for 4 years and less than 6 years, according to 80% of my salary; 4, continuous service for 6 years and less than 8 years, according to my salary of 90%; 5. Those who have worked continuously for 8 years or more will be paid 100% of their salary. Legal basis: Interim Provisions on Payment of Wages Article 11 During the period when employees enjoy annual leave, family leave, marriage leave and funeral leave according to law, the employer shall pay wages to employees according to the standards agreed in the labor contract. Article 12 If the unit stops production or stops production within a salary payment period due to reasons other than the employee, the employer shall pay the employee's salary according to the standards agreed in the labor contract. If the wage payment period exceeds one, and the laborer provides normal labor, the labor remuneration paid to the laborer shall not be lower than the local minimum wage standard; If the laborer fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state. What are the conditions for deducting wages from personal leave? 1, the accumulated personal leave of staff does not exceed 20 days or one-time personal leave does not exceed 15 days, excluding public holidays, and the original salary is paid as usual; 2. If a staff member takes personal leave for more than 20 days or one-time personal leave for more than 15 days, the salary for that day shall be calculated and paid according to 70% of his basic salary; 3. If a staff member asks for leave for more than 30 days throughout the year, the salary for more than 30 days shall be calculated and paid at 50% of his basic salary; 4. If the annual personal leave of the staff exceeds 60 days, all wages will be suspended for more than a few days; 5. Any employee who leaves his post without permission, or fails to return after the vacation expires and fails to renew his vacation, shall be treated as absenteeism.
Lawyer Hui Zong has been practicing for two years.
How much is deducted for a day off?
Whether or not to deduct wages when taking leave depends on the reason for taking leave: 1, personal leave. According to the regulations, the amount of salary deducted for one day of personal leave = monthly salary? 2 1.75。 2 1.75 is the number of paid days per month stipulated in the labor law. Paid days per month = (365 days-104 days)? 65438+ February = 2 1.75 days 2. Sick leave According to the regulations, how much salary is deducted for one sick day = monthly salary? 2 1.75X40%, of which 40% is the maximum deduction ratio, and the deduction ratio of general companies is less than 40%, and some companies have paid sick leave for a certain number of days. Moreover, the labor law stipulates that the daily salary after deduction shall not be less than 80% of the local minimum wage. 3. Annual leave and others. The company shall not deduct employees' wages due to paid leave, marriage leave, funeral leave and other legal holidays stipulated by the state. If the company violates the provisions of the labor law and arbitrarily deducts employees' wages, employees can file labor arbitration with the local labor department. Legal basis: Article 36 of the Labor Law of People's Republic of China (PRC) * * * The state practices a working hour system in which the daily working hours of laborers do not exceed 8 hours and the average weekly working hours do not exceed 44 hours. Article 37 of the Labor Law of People's Republic of China (PRC) * * * The employing unit shall, according to the working hours stipulated in Article 36 of this Law, give treatment to the workers who carry out piecework.