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Disputes Arising From The Reduction Of Wages By Employers Are Endless.

2016/7/20 22:15:00 15

EmployersWagesRights Protection

The measures for the payment of wages of enterprises in Shanghai, which came into effect in August 1st this year, clearly stipulate: "enterprise deduction or undue arrears of wages for workers, wages lower than the minimum wage standards, and the arrangement of workers to pay overtime wages without payment according to regulations shall be ordered by the human resources and social security administrative department to pay the prescribed time limit. If the payment is not paid, the workers shall pay additional compensation according to the standard of fifty percent or less of the amount payable."

It also stipulates: "workers violate labor discipline."

Or rules and regulations, if the enterprise reduces its wages, the wages after reduction shall not be lower than those stipulated by the municipality.

Wage standard

"

According to the "measures", workers and enterprises have to pay wages.

Labor dispute

The parties concerned may apply for mediation, arbitration and litigation in accordance with the law.

Labourers consider that enterprises infringe upon their wage rights and interests and have the right to complain or report to the administrative departments of human resources and social security.

All in all, employers reduce staff.

wages

We must strictly operate according to the provisions of laws and regulations. Don't be too "capricious".

As the Spring Festival approached in 2011, YOUNGOR group's Ningbo YOUNGOR Sino Japan Textile printing and dyeing Co. Ltd. issued a notice that workers were entitled to pay 3 times the monthly salary for the 5 days before the Spring Festival (26 January to 30 January) and 5 days (from February 7th to 11th) after the Spring Festival.

This is called "the most thunderous notice in history".

Soon after the company resumed the "thunder" notice, chairman Xu Lei also sent an apology letter to all the staff.

If the worker is absent from work for a day, the unit can only deduct one day's wages.

If employees ask for a three day wage per day, that means there are two days for workers to get paid for work, which is obviously illegal.

Then, how should we calculate the daily wages for the full month of attendance?

The fourteenth rule of the Shanghai enterprise wages payment method stipulates: "the daily wage is divided into 21.75 days by the monthly salary divided by the average monthly payroll days; the hourly wage is calculated by dividing the daily wage by 8 hours."

Specifically, there are two ways to calculate the monthly salary.

Method 1: monthly wages (Ji Fa) = daily wages (actual working days + statutory holidays); method two: monthly wages (deduction) = monthly wages - daily wages * days of leave.

Suppose that the monthly salary standard of a YOUNGOR employee is 2175 yuan. His daily wage standard is monthly salary 21.75=100 yuan. If he asked for a 5 day leave from January 26 to January 30, and asked for 5 days' leave in from February 7th to 11th, how much should he pay in January and February of that year?

Method 1: monthly wages (Ji Fa) = daily wages * (actual working days + statutory holidays), he worked for 16 days in January, plus 1 days of statutory holidays, a total of 17 days in the month, and 1700 yuan in January.

The same method calculates that the salary in February is 1400 yuan.

Method two: monthly wages (deduction) = monthly salary - daily wages * days of leave, he took 5 days off in January and February, 2175 yuan -100 yuan 5=1675 yuan, he in January and February wages are 1675 yuan.

For the above two methods, units can independently stipulate in the rules and regulations.

In fact, the first month's salary is much more than that of the method two, but the salary in February is less than that in the method two.

The problem is that the rules and regulations of the unit should be clear and unified.


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