Wage Calculation: Monthly Working Days Are Not Equal To Monthly Salary Days.

Qian is a member of A company. In March 1, 2015, he worked on a comprehensive working hour system based on the monthly period.

In April 25th this year, he went to the local labor and personnel dispute arbitration committee, reflecting that the company's monthly working hours exceeded the requirements of the law, requiring the company to pay overtime.

According to investigation, the company arranges employees to work for 169 hours every month.

The company's Labor Manager explains this: the law stipulates that the number of days per month is 21.75 days per day, 8 hours a day, and the worker should work 21.75 hours 8=174 hours per month. The company only arranges 169 hours, without violating the relevant laws and regulations, and should not pay overtime.

The notice on workers' monthly average working hours and wage conversion refers to the two concepts of monthly working days and monthly payroll days.

The so-called "working day" refers to the average monthly salary.

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When calculating the average number of working days per month, each year is calculated by 365 days, 52 weeks a year, and 2 days a week, so the rest day is 104 days.

In addition, according to the regulations of the national holidays and holidays, the annual holiday of all citizens is 11 days.

After deducting rest days and holidays, the actual working days for the whole year are 250 days.

Therefore, the average number of working days per month is 250 days /12 months, that is, the working day is 20.83 days.

The monthly working day belongs to the working days of the system, which is closely related to the attendance system and has no wage calculation.

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It is a reference base for the comprehensive calculation of working hours, and its significance lies in determining the average number of days to be worked out from the law. Therefore, the monthly working day is the benchmark for calculating the number of days of attendance.

In this case, the maximum monthly working time of the enterprise is 20.83 x 8=167 hours.

It can be seen that Qian worked overtime 2 hours a month.

The monthly salary is the average monthly salary.

According to

"Article fifty-first stipulates that during the period of statutory holidays and weddings and funerals and the participation of social activities in accordance with the law, the employing unit shall pay wages according to law, so the annual number of days of remuneration shall be the annual working days plus the statutory holidays, that is, 250 days plus 11 days.

Therefore, the monthly salary is 21.75 days.

The monthly salary is mainly used to calculate daily wages, which is used as the basis for calculating overtime pay.

According to the above notice, the daily wages = monthly salary / monthly salary days; hourly wage = daily wage /8 hours.

To sum up, the Arbitration Commission believes that the company should pay an overtime fee of 2 hours per month, and issue an arbitration proposal to the company to ask the company to reissue the overtime payment and adjust the working hours of the employees.