When a laborer establishes a labor relationship with an employer, his salary shall be determined by consensus when signing a labor contract. The wages and benefits of workers are related to jobs, work ability, performance appraisal, overtime hours, employer subsidies, etc.
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;
2. You can apply to the local labor dispute arbitration committee for arbitration and demand payment of wages. If a labor contract has not been signed, the employer may be required to pay double wages from the second month after the signing of the labor contract. If the termination of labor relations is based on unpaid wages, you can also ask for economic compensation.
Law on mediation and arbitration of labor disputes
Article 2 This Law shall apply 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;
Provisional regulations on wage payment
Article 5 Wages shall be paid in legal tender. Payment shall not be made in kind or negotiable securities instead of money.
Article 6 The employing unit shall pay wages to the workers themselves. If a laborer is unable to receive wages for some reason, his relatives or others may entrust him to receive them.
The employer may entrust the bank to pay wages.
The employer must record in writing the amount and time of employees' salary collection, the name and signature of the recipient, and keep it for more than two years for future reference. When paying wages, the employer shall provide the laborer with a list of his personal wages.
Seventh wages must be paid on the date agreed by the employer and the employee. In case of holidays or rest days, payment should be made in advance on the nearest working day. Wages are paid at least once a month. If the weekly, daily and hourly wage system is implemented, wages can be paid by the week, day and hour.
Article 8 The employing unit shall pay wages to laborers who have completed one-time temporary labor or specific work agreed in relevant agreements and contracts.