Notice on the average working hours and salary conversion of employees throughout the year
I. Conversion of Daily Wages and Hourly Wages
According to Article 51 of the Labor Law, the employer shall pay wages according to law for statutory holidays, that is, 1 1 statutory holidays stipulated by the state are not excluded when converting daily wages and hourly wages. Accordingly, the conversion of daily wage and hourly wage is:
Daily wage: monthly wage income ÷ paid days per month.
Hourly wage: monthly wage income ÷ (paid days per month ×8 hours).
Paid days per month = (365 days-104 days) ÷ 65438+February = 2 1.75 days.
Two, if the employer is in arrears with wages, there are two ways to pay wages:
1, workers can go to the local labor bureau to complain about labor inspection; Advantages: The method is simple. Disadvantages: law enforcement in various places may not be very strong;
2. You can apply to the local labor bureau (Labor Dispute Arbitration Committee of Human Resources and Social Security Bureau) for arbitration and demand payment of wages. If a labor contract is not signed, you can ask for double salary without signing a labor contract. If the termination of labor relations is based on unpaid wages, you can also ask for economic compensation. Advantages: In addition to wages, you can also advocate economic compensation and double wages. , and generally can be finally solved; Disadvantages: applying for labor arbitration is a labor lawsuit, which requires more procedures and professional guidance.
Article 2 of the Law on Mediation and Arbitration of Labor Disputes This Law is applicable to the following labor disputes between employers and employees in People's Republic of China (PRC):
(1) Disputes arising from the confirmation of labor relations;
(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;
(3) Disputes arising from delisting, dismissal, resignation or resignation;
(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
Article 50 of the Labor Law shall be paid to the laborer himself on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.
"Interim Provisions on Payment of Wages" Article 18 Labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employing unit commits one of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may order it to pay compensation:
(1) Deducting or delaying the wages of workers without reason;
(2) refusing to pay overtime wages to laborers;
(3) paying workers' wages below the local minimum wage standard.
The standards of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state.