The Wage Standard Of Laborers Is Determined According To The Earned Wages.

Q: how do we calculate the time that workers enjoy paid annual leave?

Answer: the regulations on paid annual leave for employees stipulate that employees have accumulated 1 years' less than 10 years' annual leave for 5 days, and those who have been under 10 years for less than 20 years are entitled to 10 days' annual leave; 15 years' annual leave of 20 years.

Among them, "accumulative" shall mean the addition of working hours, and the interruption of working hours shall be deducted.

The accumulative total of first years' participation should be carried out according to the regulations on the implementation of paid annual leave for enterprise employees and 12 months' continuous work.

"Continuous work for 12 months" means that workers have worked without interruption for 12 months in the same or more than two employers after taking part in the work.

After a worker has been working for 12 months after his participation in the work, the annual vacation time will be calculated as the annual working hours of the employer.

If the employer does not arrange for a worker to take full leave, he should convert the number of days off and pay the annual leave pay according to the working time of the employee in that year. However, the portion of the less than 1 days after the conversion is not paid for the annual leave.

The method of conversion for unpaid annual leave is: the number of days of annual leave that the employee should have enjoyed during the year when the calendar days are 365 days in the unit.

Q: how does the worker ask the employer to pay the unpaid annual leave?

Answer: the number of days off should be paid by the worker, and the unit should pay the annual leave pay according to 300% of the employee's daily income.

When the worker requests the employer to pay the statutory compensation (the 200% welfare part) of his unpaid annual leave, the time limit for arbitration shall be applied to the first paragraph of article twenty-seventh of the labor dispute mediation and arbitration law, that is, the limitation period for applying for arbitration for labor disputes is one year.

The time limit for arbitration shall be counted from the date when the party knows or should know that his rights are infringed.

Considering the characteristics of annual leave that can be arranged centrally, piecewise and across the year, the time for workers to receive annual leave for annual leave without pay is calculated from December 31st of second years.

Q: because the employer does not pay the annual leave pay for the employer, and according to the provisions of the thirty-eighth article of the labor contract law, that is, "not paying the labor remuneration in full and in time", it is required to terminate the labor contract and pay the economic compensation. How to deal with it?

Answer: laborers do not take annual leave. According to the fifth provision of the annual regulations on paid annual leave for employees, the employer pays 300% of the annual salary for the employees according to their daily wages and salaries.

The wages paid for unpaid annual leave are different from the nature of normal labor wages and overtime wages, which include wage income paid by the employing units during the normal working period (the 100% part) and statutory compensation (200% parts).

The regulations on paid annual leave for workers lie in safeguarding the rights of workers to rest and leave. When a laborer fails to pay the statutory compensation for his unpaid annual leave of wages (only 200% parts), he proposes that when a labor contract is dissolved, it is not appropriate to identify the employer's "not paying the remuneration in full and in time".

Q: workers have worked in several household units, and one of them has not paid pension insurance for them. However, the accumulative payment age of workers in other units has already met the requirements for retirement.

When the worker reaches the statutory retirement age, he is told that he can not make up the pension insurance. Can the worker sue for compensation for the pension difference?

Answer: because workers meet the requirements for retirement, only one or several household units do not pay their pension insurance, which affects their pension level and does not belong to the situation that they can not enjoy pension insurance. They do not conform to the 119th and fourth provisions of the civil procedure law. They should be ordered to dismiss workers' prosecution.

Q: how does the laborer deal with the employer's disagreement with the employer for the payment of social insurance?

Answer: in the year before the worker proposes to terminate the labor contract, there is a failure to set up a social security account for the laborer due to the fault of the employer, or if the social insurance account is established, but the insurance policy is incomplete.

The provisions of the thirty-eighth article shall generally be supported by the fact that the employer fails to pay the social insurance in accordance with the law for the purpose of cancelling the labor contract and claiming economic compensation.

The employer has set up a social security account for the laborers and has a full range of insurance, but there are many problems such as insufficient payment years and low payment base. The rights and interests of the workers' social security can be achieved through the collection of the employer or the compulsory collection of the social security management department. In this case, the laborer's claim for canceling the economic compensation for the labor contract is generally not supported.

Q: does the worker request the employer not to pay the social insurance, and then he proposes to rescind the labor contract and advocate economic compensation on the ground that the employer fails to pay social insurance. Should he support it?

Answer: payment of social insurance according to law is the statutory obligation of employers and laborers stipulated in the labor law. Even if workers require employers to not pay social insurance, workers should support economic compensation in accordance with the provisions of article thirty-eighth of the labor contract law.

Q: which close relatives can enjoy the compensation for the workers' death in the thirty-ninth section of the industrial injury insurance Ordinance? How do the neighboring relatives distribute the compensation for the workers' work?

Answer: the scope of close relatives stipulated in the regulations on industrial injury insurance is different from the successors of the inheritance law.

The near relatives of the industrial injury insurance Ordinance should include spouses, parents, children, siblings, grandparents, grandparents, Sun Zinv, grandchildren and other relatives with support and support.

According to the thirty-ninth provision of the industrial injury insurance Ordinance, "relatives of dependents should be paid according to a certain percentage of the wages of their employees."

"The specific scope of the provision of relatives is stipulated by the social security administration department of the State Council", and the specific determination can be carried out according to the provisions of the Ministry of labor and social security, the provisions on the provision of relatives for the dead workers.

Q: the laborers have actually established full-time labor relations with the employing units, but the two sides have made a part-time labor contract, and whether the employers need to make a direction to them.

Pay two times the wage difference of labor contracts?

A: when a laborer has entered into a contract with the employer, the worker claims that the labor contract does not enter into a labor contract and the two times wage difference does not support it.

In the trial, we should pay attention to the distinction between full-time labor relations and part-time labor relations, and fully protect the laborers' actual rights.

Q: in accordance with the provisions of the labor contract law, the laborers meet the conditions for signing an unfixed term labor contract with the employer, but have signed a fixed-term labor contract with the employing unit. Now, when the laborer requests that the fixed term contract be changed to an unfixed term contract, how can he deal with it?

A: after the worker has signed a fixed term labor contract with the employing unit, he will not support the worker's request to change it into a non fixed term labor contract. However, there is evidence that the employer has fraud, coercion, and the danger of taking advantage of others.

Q: what are the principles for calculating the wage base of the employer?

A: (1) the main difference between the monthly wage and the real wage of workers is the various kinds of deductions and expenses, and the due wages include the social insurance premiums, taxes and fees that individuals should bear.

For social insurance, taxes and fees, the employer only undertakes the obligation to pay, and the worker's tax is the responsibility of the tax authorities. The payment of social insurance is the responsibility of the social insurance institution. In the trial, wage standards are generally determined according to the wages of the workers.

(2) the employer and the laborer have agreed on the wage standard in the labor contract, whichever is the same.

If the labor contract has no agreement, it shall be determined according to the wage standard stipulated in the collective contract.

Where no labor contract or collective contract is stipulated, wage standard wages shall be determined in accordance with the normal wage practice of the laborers themselves.

The wage standard determined in accordance with this paragraph shall not be lower than the minimum wage stipulated in this Municipality.

(3) when calculating the wage standard of "two times wage", the monthly salary paid by basic salary, post salary, duty wage, wage of seniority, grade wage and so on will have the characteristics of continuity and stability. The amount is relatively fixed, which belongs to the normal wage of laborers. It should be regarded as the base of the two times wage difference of the labor contract, and the general nonfeasance such as royalty, bonus and so on is not fixed, and the calculation base of two times wage difference has not been concluded.

(4) when calculating the average wages of workers twelve months before the termination of labor contracts, they should include time wages or piecework wages, and monetary income such as bonuses, allowances and subsidies.

These include normal working hours and overtime pay for workers.

The year-end bonus or year-end double pay that workers deserve should be included in the wage base by an average of twelve months per year.

The monthly wage standard for calculating economic compensation stipulated in the forty-seventh article of the labor contract law shall be determined in accordance with the twenty-seventh provision of the labor contract law, and the "earned salary" in the twenty-seventh regulation of the labor contract law includes the social insurance and housing provident fund paid by the individual and the income tax.

(5) the amount of actual wages paid by workers after deducting the overtime pay of that month is lower than the minimum wage stipulated in this Municipality, and shall be implemented in accordance with the minimum wage stipulated in this Municipality.

Q: how to determine the base of overtime pay for laborers?

Answer: the calculation base of overtime pay for workers should be determined according to the normal working hours, and the monthly overtime pay of the worker does not count the calculation base of the overtime fee in the next month.

The specific circumstances are as follows:

(1) the employer and the laborer have agreed on the calculation basis of overtime pay in the labor contract, whichever is the basis of the agreement; the two parties also agree to pay the minimum wage standard stipulated in this municipality or the wage standard stipulated in the labor contract as the base of overtime pay.

(2) in the case of laborers' normal labor supply, the actual wages paid by both parties are higher than the original wage standard. They can be regarded as the two sides have changed the wage standard stipulated in the contract, and the actual wage standard is used as the basis for calculating overtime pay.

The actual wage standard is lower than the wage standard stipulated in the contract, and it can be regarded as the wage standard that the two sides have changed the contract, and the actual wage standard shall be used as the base for calculating overtime wages.

(3) there is no definite agreement in the labor contract.

If the amount is unclear or the contract is not clear, the actual wage shall be the base of calculation.

The wages, bonuses, allowances and subsidies directly paid to the employees by the employer are the actual wages, specifically including several components of the "gross wage" in the interpretation of the specific provisions of the National Statistical Bureau on the provisions on the composition of wages.

The base of overtime pay should include all salary items such as "basic salary", "post allowance" and so on.

The basic salary, post salary or duty wage can not be regarded as the basis of calculation alone.

When the actual wage is used as the base of overtime pay, overtime pay (ex month) and allowance for meals should be deducted and can not be included in the base of calculation.

The relevant departments of the state have adjusted the provisions of wage composition, and shall be implemented according to the provisions of the adjustment.

(4) the bonus of workers in the current month has the nature of "wages for normal working hours of workers" and is part of the wage component.

If the wages of the workers are inconsistent with the issuing date of the bonus, the two parts should be regarded as the base of overtime payment.

If the employer fails to distribute the bonus monthly or quarterly, it may not be regarded as the base of overtime pay according to the actual situation.

(5) when determining the average wage and hour average wage of workers and staff members, it shall be converted according to the notice of the former Ministry of labor and social security on the conversion of workers' monthly average working hours and wages, with a monthly working time of 21.75 days and 174 hours.

(6) employing units with comprehensive calculation of working hours, when the comprehensive calculation cycle is quarterly or annual, the monthly average wage in the comprehensive cycle should be regarded as the base of overtime payment.

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