Basis " about worker total days average working hours is mixed the announcement of salary convert problem "
Service company department is sent [2008]3 date
Basis " the whole nation year section and fete have a holiday method " (the State Council makes the 513rd) regulation, the festal holiday of all citizen is added by 10 original days for 11 days. Accordingly, average system man-day counts worker total days and salary convert method adjusts as follows respectively:
One, the computation of system working hours
Year workaday: 365 days - 104 days (playday) - 11 days (legal holiday) ＝ 250 days
Season weekday: 4 season of 250 days of ÷ ＝ 62.5 days / season
Lunar weekday: 250 days of ÷ in December ＝ 20.83 days / lunar weekday is multiplied with 8 daily hours.
2, the convert that daily wages hour is versed in.
According to " labor law " fiftieth regulation, unit of legal holiday choose and employ persons ought to pay salary lawfully, namely when wage of convert daily wages, hour not 11 days of when eliminate country sets legal holiday. Accordingly, the convert of wage of daily wages, hour is:
Daily wages: Plan salary overhead counts month of ÷ of monthly wages income
Hour wage: ÷ of monthly wages income (overhead of lunar plan salary counts × 8 hours) .
Overhead of lunar plan salary counts ＝ (365 days - 104 days) ÷ in December ＝ 21.75 days.
Basis " labor law " 6 countries execute thirtieth daily working hours does not exceed laborer 8 average and hour, weekly working hours do not exceed man-hour system of 44 hours.
Because unit of the 41st choose and employ persons produces management need, working hours can be lengthened after classics and labour union and laborer talk things over, general and daily because special account needs to lengthen working hours,must not exceed a hour of; , working hours is lengthened below the condition with safeguard healthy laborer daily must not exceed 3 hours, but must not exceed 36 hours every months.
The 44th has one of following state, unit of choose and employ persons ought to pay prep above laborer the salary reward of salary of normal working hours according to following standard:
(One) arrangement laborer lengthens working hours, pay not under salary of 150%
(2) job of playday arrangement worker cannot be arranged again fill rest, pay not the of 200% pay pay; under salary
(3) legal and off day arranges laborer to work, pay not the of 300% pay pay under salary.
After dispute of the 79th labor happens, party can mediate committee to apply for to mediate; mediation to won't do to this unit labor dispute, party one party asks to arbitrate, can arbitrate to labor dispute committee applies for the arbitration. Party one party is OK also and direct to people court to lodge a complaint.
Can see by above, the man-day number of every months that the country provides is 20.83 days, playday presses salary 200% pay; Holiday presses salary 300% pay.
The practice of the unit violates, you but according to " labor law " regulation, safeguard oneself legitimate rights and interests lawfully.
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