CCTV News:How to calculate the daily wage and hourly wage? How much should I get for working overtime on holidays and rest days? Sick, how to calculate sick pay? How to calculate the compensation if the legitimate rights and interests are infringed?
Xiaobian combs out 10 formulas for labor rights and interests for you, each of which is related to the money bag. Let’s take a look!
Calculation formula of daily wage and hourly wage
The calculation of daily wages and hourly wages of employees is not determined according to the actual working days or hours of workers every month and day, but according to the monthly paid days and paid hours stipulated by the state.
Monthly paid days =(365 days -104 days) ÷12=21.75 days
Daily wage = monthly wage income ÷21.75
Hourly wage = monthly wage income ÷ (monthly paid days ×8 hours)
Calculation formula of overtime pay on rest days
Overtime pay per day on legal holidays = overtime pay base ÷21.75×300%.
Overtime pay per day for annual leave = overtime pay base ÷21.75×300%
Calculation formula of overtime pay for extended working hours
If an employer arranges laborers to work outside the standard working hours according to law, it shall pay overtime wages according to the following standards: if the working hours are extended outside the standard working hours, overtime wages shall be paid at least 150% of the hourly wage base.
When determining the calculation base of overtime wages, if there is a clear agreement on wages in the labor contract, it shall be determined according to the wage standard not lower than the corresponding post of the laborer. If there is no clear agreement on wages in the labor contract, it shall be implemented according to the collective contract.
Calculation formula of economic compensation
Economic compensation is a one-time economic subsidy paid by the employer to the workers after the termination of the labor contract.
The economic compensation shall be paid to the laborer according to the standard of paying one month’s salary for each full year:
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.
Calculation formula of compensation
Compensation is the compensation that the employer needs to pay to the laborer according to law after infringing on the legitimate rights and interests of the laborer.
The Labor Contract Law stipulates that if an employer commits any of the following acts that infringe upon the legitimate rights and interests of workers, it shall be ordered to pay wages and economic compensation to the workers, and may be ordered to pay compensation to the workers equivalent to 1 to 5 times the sum of wages and economic compensation:
(1) Deducting or delaying the wages of workers without reason;
(2) Refusing to pay workers wages for extended working hours;
(3) Paying workers’ wages below the local minimum wage standard;
(four) after the termination of the labor contract, the laborer is not given economic compensation in accordance with the provisions of laws and regulations. The employer shall be ordered to pay economic compensation to the workers in accordance with the relevant provisions.
Article 87 of the Labor Contract Law stipulates: "If the employing unit dissolves or terminates the labor contract in violation of the provisions of this law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this law."
The specific situation is as follows:
(1) If the wage income of the laborer is lost, it shall be paid to the laborer according to the wage income due to the laborer himself, and the compensation fee of 25% of the wage income due shall be paid;
(2) If the loss of labor protection benefits is caused to the workers, the labor protection allowances and supplies of the workers shall be supplemented according to the provisions of the state;
(3) In case of workers’ work-related injuries and medical treatment losses, in addition to providing workers with work-related injuries and medical treatment according to state regulations, they should also pay compensation equivalent to 25% of medical expenses;
(4) If the health of female workers and underage workers is damaged, in addition to providing medical treatment during the treatment according to state regulations, compensation equivalent to 25% of their medical expenses shall be paid;
(5) Other compensation expenses agreed in the labor contract.
Calculation formula of sick pay
If the employee’s sick leave or non-work-related injury lasts for less than 6 months, the enterprise shall pay the sick leave salary according to the following standards:
1. If the continuous length of service is less than 2 years, it will be paid at 60% of my salary.
2. If the continuous working age is over 2 years and less than 4 years, it will be paid at 70% of my salary.
3. If the continuous working age is over 4 years and less than 6 years, it will be calculated according to 80% of my salary.
4. If the continuous working age is over 6 years and less than 8 years, it will be paid according to 90% of my salary.
5. Those who have worked continuously for 8 years or more shall be paid 100% of their salary.
Employees who have been on vacation for more than 6 months due to illness or non-work-related injuries shall be paid by the enterprise for disease relief:
1 continuous length of service less than 1 year, according to my salary of 40%.
2. If the length of continuous service is over 1 year and less than 3 years, it will be paid according to 50% of my salary.
3. Those who have worked continuously for 3 years or more shall be paid 60% of their salary.
Calculation formula of maternity allowance
1. Maternity allowance: calculated by dividing the payment base of the month when the female employee gives birth by 30 and multiplying it by the number of days of maternity leave.
2. Maternity allowance is the salary of female employees during maternity leave. If the maternity allowance is lower than my salary standard, the difference will be made up by the enterprise.
Calculation formula of probation salary
Article 20 of the Labor Contract Law stipulates that the salary of a worker during the probation period shall not be lower than the lowest salary of the same position in the unit or 80% of the salary agreed in the labor contract, and shall not be lower than the minimum wage standard where the employer is located.
The calculation formula of double salary:
The calculation method of the applicable prescription for double wages is: when a worker claims double wages, the prescription can be calculated one year from the date when he claims his rights. The double salary actually paid shall not exceed twelve months.
The amount of double wages shall be calculated according to the wages that the employer should normally pay at the corresponding time when the labor contract is not concluded.
In addition, it is a continuation of the legal situation that the female employee’s labor contract expires during pregnancy, childbirth and lactation during the prescribed medical treatment period, even if the employer fails to renew the labor contract in time, it is not necessary to pay double wages.
Calculation formula of leaving fee for settlement in exit place
According to the relevant policies and regulations, all employees who do not meet the retirement conditions and are allowed to settle abroad should report in writing to their original work units or subordinate management institutions before leaving the country, and go through the formalities of resignation, dissolution or termination of labor contracts, termination of pension insurance relations, etc., and the original work units can issue them a one-time resignation fee. The standard is:
1. For those who have worked continuously for one year to ten years, their standard salary will be paid for one month each year;
2. For those who have worked continuously for more than ten years, starting from the eleventh year, I will be paid a standard salary of one and a half months for each full year of service;
3. If the continuous length of service is less than one year, it will be paid for one month, but the total amount of severance payment will not exceed my standard salary of 24 months.
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