Six Methods Of Salary, Compensation And Compensation

In the process of labor relations management, there will be many calculations related to the amount of wages. The following are six typical ways of calculating salary, compensation and compensation in practice, for reference.

　　 1. Calculation method of two times wage base for a written contract.

" Labor Contract Law "Article eighty-second provides that the employer shall pay two times the monthly salary to the worker if he fails to conclude a written labor contract with the employee for more than one month after the day of his own employment. If the employer fails to conclude a labor contract without a fixed term in violation of the provisions of this law, he shall pay the laborer two times the monthly salary from the date of the conclusion of the contract.

There are differences in the calculation base of the two times wage difference of the unwritten contract, and the majority of areas are required to pay wages for the month. For example, the Beijing Higher People's court's summary of the Symposium on the law application of labor dispute cases stipulates that after the expiration of the labor contract, the laborer is still working in the employing unit. If the employer fails to conclude a written labor contract with the laborer for more than a month, he shall pay double wages to the laborers in accordance with the provisions of the eighty-second article of the labor contract law. The base of double pay should be based on the corresponding monthly wages.

The guiding opinions of the higher people's Court of Jiangsu on the trial of labor and personnel dispute cases (two) stipulate that the employer should pay two times the monthly salary due to the signing of a written labor contract with the laborer, which is determined according to the workers' due wages in the month, including time wages or piecework wages, overtime wages, bonuses, allowances and subsidies. Workers' monthly wages include quarterly awards, half yearly awards and year-end awards. They should be determined according to the actual number of awards awarded in the month after the apportionment. In the summary of the meeting of the Guangdong Court on labour dispute cases, it was held that the calculation base of the two times wage difference was the worker's due salary for the month, but it did not include the following two items: (1) the payment cycle lasted for more than one month. Labor remuneration Such as quarterly award, half yearly award, year-end bonus, year-end double pay, and quarterly Commission, semi annual and annual business commission, etc. (two) labor remuneration that has not been determined in the payment cycle, such as one-time bonuses, allowances, subsidies, etc. under special circumstances.

However, attention should be paid to the provisions of Shanghai. In practice, Shanghai considers that the calculation base of two times wages does not include overtime wages.

　　 Two, the calculation method of calculating the wage remuneration for unpaid annual leave.

If the employer fails to arrange for the workers to take the annual leave, and the laborers claim the annual salary for the annual leave, how should they be calculated?

The measures for the implementation of paid annual leave for enterprises stipulate that the employer shall not arrange annual leave after the employee agrees, or arrange the number of days off for employees to be less than the number of days off. The number of days off should be paid in the current year, and the annual salary of the annual leave shall be paid according to 300% of the daily wage income, which includes the employing unit paying the wages of the workers during the normal working period. The employer arranges for the workers to take their annual leave, but the employees may, on account of their own reasons and submit in writing the endless vacation, the employer can only pay their normal wages during their working periods.

In practice, it is necessary to note that the daily wage income calculated for the annual salary of the annual leave is calculated according to the number of days in which the worker's monthly salary is divided by the monthly salary (21.75 days). The monthly wages here refer to the monthly average wages of the workers after the overtime pay is eliminated 12 months before the employer pays his unpaid annual leave. If the employer's working time is less than 12 months, the monthly average wage shall be calculated according to the actual month. Employees enjoy the same wage income during the annual leave period. In accordance with the above provisions, the method for calculating the daily wages and salaries of workers and staff members who perform piecework wage, royalty or other performance pay system shall be implemented.

　　 Three, I am injured in industrial injury. Wage calculation Method

After a worker's industrial accident occurs, the one-time disability allowance, one-off work-related injury medical allowance, disability employment subsidy and the provision of relatives pension are related to my salary. Then, how do I understand my salary?

Article sixty-fourth of the regulations on industrial injury insurance stipulates that the wages mentioned in this Ordinance refer to the average monthly wage paid by workers injured by industrial accidents for 12 months before suffering from occupational injuries or occupational diseases. My salary is higher than the 300% of the average wage of the workers in the overall area, and 300% of the average wage of the workers in the overall area is calculated. My salary is less than 60% of the average wage of the workers in the overall area, and 60% is calculated according to the average wage of the workers in the overall area.

If the Employer undertakes the wages of the workers and fails to pay the insurance premium for work-related injury, the injury insurance benefits paid by the work-related injury workers will be reduced.

　　 Four, the calculation method of pay off time for work-related injuries.

Article thirty-third of the regulations on industrial injury insurance stipulates that workers need to suspend work and receive medical treatment for occupational injuries because they are injured by accidents or suffer from occupational diseases. The period of suspension is usually less than 12 months. If the injury is serious or the situation is special, it can be appropriately extended by the municipal labor capacity appraisal committee established by the District, but the extension shall not exceed 12 months. After assessing the disability level, the injured workers are entitled to the original treatment and enjoy the disability treatment according to the relevant provisions of this chapter. Work-related injury workers still need to be treated after they stop working, and continue to enjoy medical treatment for work-related injuries.

Then, how to grasp the standard of the original wages and benefits? In practice, there will be different understandings. For example, Guangdong considers that the original wage and welfare treatment refers to the average wage and welfare benefits of the injured workers in the twelve months before their work-related injuries. The workers who are injured in work for less than twelve months will calculate the average wages and benefits according to the actual number of months. I think this regulation is more reasonable.

　　 Five. The method of calculating the wage base in the economic compensation for the dissolution of labor contracts.

The labor contract law stipulates that economic compensation shall be paid to laborers according to the number of years worked by the laborers in their units and the wages paid for one month per year. For more than six months with less than one year, the financial compensation for half a month's wages will be paid to the laborers for a period of one year or less than six months. Monthly wages refer to the average wages of workers within twelve months before the termination or termination of labor contracts.

Is the wage here a wage or a real wage? The twenty-seventh provision of the labor contract law stipulates that the monthly wages for the economic compensation stipulated in the forty-seventh clause of the labor contract law shall be calculated according to the wages payable by the laborers, including time wages or piecework wages, and monetary income such as bonus, allowance and subsidy. The average wage of a worker within 12 months before the termination or termination of the labor contract is lower than the local minimum wage standard shall be calculated according to the local minimum wage standard. If the workers are less than 12 months' work, the average wage shall be calculated according to the actual working months.

The main difference between the monthly wages and the actual wages is the various kinds of deductions and expenses. Due wages: the total amount of wages payable without social security, housing provident fund and personal income tax; actual wages: the actual wages, namely, tax deductible, social security fees, provident fund and other expenses. As the social insurance premiums, taxes and other deductions, which are withheld by the employer, are all part of the individual's labor income, the employer only undertakes the withholding obligation. Therefore, the part deducted is actually the wages of the laborers, which should be included in the wage income. When calculating the economic compensation, the wages should be calculated before the tax and social security fees are not counted as the base of calculation.

The above is the normal way of calculation, but there is a special case to note, that is, the monthly salary of laborers is higher than that of the people's Government of the municipality directly under the central government and the Municipal People's government at the municipal level, and the average monthly wage of the workers in the region is three times that of the previous year. The standard of paying the economic compensation is three times the average monthly wage of the workers, and the maximum period of payment for the economic compensation is not more than twelve years.

　　 Six. The calculation method of the wage base in "behalf of the notice money".

The fortieth clause of the labor contract law stipulates that the employer can terminate the labor contract in writing in writing in advance or on thirty days in advance if it is one of the following circumstances: (1) if the worker is sick or injured, he or she can not engage in the original work after the prescribed medical treatment is expired, nor can he engage in any work arranged separately by the employing unit. (two) the worker is not competent for the work, and after training or adjustment of his post, he is still not competent for the work. (three) the objective situation on which the labor contract is concluded has changed significantly, resulting in the labor contract being unable to fulfill, and the employer and the laborer have not negotiated the contents of the labor contract. The "extra pay for workers' monthly wages" is commonly used in practice as a "substitute notice". How to determine the standard of "one month salary"?

The regulations on the implementation of the labor contract law stipulate that employers shall pay extra wages in accordance with the fortieth provision of the labor contract law, and the extra wages paid shall be determined according to the wages of the worker in the preceding month. Note: it is not the average wage in the first twelve months after the contract is terminate. In practice, we should pay attention to the law that there is no limit of three times for the "monthly payment of notice", which is three times higher than the average monthly wage of the workers in the region in the previous year.

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