I. Conversion of Daily Wages and Hourly Wages
According to Article 2 of the Notice on Annual Average Working Hours and Wage Conversion of Employees: According to Article 51 of the Labor Law, the employing unit shall pay wages according to law, that is, when converting daily wages and hourly wages, national statutory holidays 1 1 day are not excluded.
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 = 2/4.
Second, the calculation of overtime pay
According to Article 13 of the Interim Provisions on Wage Payment, if the employer arranges the laborer to work outside the statutory standard working hours according to the actual needs after the laborer completes the labor quota or the specified work tasks, the employer shall pay the salary according to the following standards:
(1) The employing unit arranges laborers to extend their working hours beyond the legal standard working hours in Japan according to law.
Pay the employee's salary not less than 150% of the employee's hourly wage standard agreed in the labor contract.
(2) If the employing unit arranges laborers to work on rest days according to law, but can't arrange compensatory time off, it shall pay laborers no less than 200% of the daily or hourly wage standard agreed in the labor contract.
(3) If the employing unit arranges the laborers to work on legal holidays according to law, it shall pay the laborers not less than 300% of the daily or hourly wages agreed in the labor contract.
Third, the calculation of economic compensation
According to Article 47 of the Labor Contract Law and Article 27 of the Regulations for the Implementation of the Labor Contract Law, economic compensation shall be paid to workers according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
The monthly salary of economic compensation is calculated according to the employee's due salary, including hourly wage or piece-rate wage and monetary income such as bonuses, allowances and subsidies. If the average wage of the laborer in the month 12 before dissolution or termination of the labor contract is lower than the local minimum wage standard, it shall be calculated according to the local minimum wage standard. If the laborer works less than 12 months, the average salary shall be calculated according to the actual working months.
Four. Calculation of annual leave days
According to Article 3 of the Regulations on Paid Annual Leave for Employees, Article 2: If the accumulated work of employees is full 1 year but less than1year, the annual leave shall be 5 days; Annual leave 10 days if it is over/kloc-0 years but less than 20 years; For those who have completed 20 years, annual leave 15 days. The accumulated working hours of employees can be determined according to the records of archives, the records of social insurance premiums paid by the unit, labor contracts or other legally effective certification materials. National statutory holidays and rest days are not included in the annual leave.
Verb (abbreviation of verb) Calculation of annual leave days when employees join and leave.
According to the provisions of Article 5 and Article 12 of the Measures for the Implementation of Paid Annual Leave for Enterprise Employees, employees who have worked continuously for more than 12 months are entitled to paid annual leave (hereinafter referred to as annual leave). If the new employer meets the above conditions, the number of annual leave days not taken in the current year shall be determined by converting the remaining calendar days of the unit, and the part less than 1 complete days after conversion shall not enjoy annual leave.
The conversion method specified in the preceding paragraph is: (the remaining calendar days in the company in the current year ÷365 days) × the annual leave days that employees should enjoy throughout the year.
When the employer and the employee dissolve or terminate the labor contract, if they fail to arrange the employee to take full annual leave within one year, they shall convert the number of annual leave days according to the working hours of the employee in that year and pay the annual leave salary, but the annual leave salary shall not be paid for the converted part that is less than 1 full day.
The conversion method specified in the preceding paragraph is: (calendar days that have passed in this company in that year ÷365 days) × annual leave days that employees should enjoy throughout the year-annual leave days that have been arranged in that year.
Six, the calculation of medical treatment period
According to Article 3 of the Provisions on Medical Treatment Period for Enterprise Employees Suffering from Illness or Non-work-related Injury, if an enterprise employee needs to stop working for medical treatment due to illness or non-work-related injury, he shall be given a medical treatment period of three to twenty-four months according to his actual working years and working years in this unit:
(a) the actual working experience is less than ten years, and the working experience in this unit is less than five years, which is three months; More than five years is six months.
(two) the actual working experience of more than ten years, less than five years in this unit, for six months; More than five years but less than ten years and nine months; Twelve months of more than ten years and less than fifteen years; Fifteen years, twenty years and eighteen months; Twenty years or more is twenty-four months.
Seven, the calculation of sick pay
According to Article 59 of the Opinions on Several Issues Concerning the Implementation of the Labor Law of People's Republic of China (PRC), during the treatment of employees' illness or non-work-related injuries, during the prescribed medical treatment period, enterprises shall pay their sick pay or disease relief funds in accordance with relevant regulations, which may be lower than the local minimum wage, but shall not be lower than 80% of the minimum wage.