When a worker establishes a labor relationship with an employer, the employee's salary is usually determined by the employer through consultation when signing a labor contract. The employee's salary is related to the post, working 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 bureau (Labor Dispute Arbitration Committee of Human Resources and Social Security Bureau) 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;
labour law
Article 50 Wages shall be paid to labourers themselves on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.
Social insurance law
Article 58 An employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.
Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.
The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.
Article 63 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.
If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.
If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.
Regulations on the administration of housing provident fund
Article 15
Units employing employees shall, within 30 days from the date of employment, go to the housing provident fund management center for deposit registration, and go to the entrusted bank for the establishment or transfer of employee housing provident fund accounts with the audit documents of the housing provident fund management center.
Where the unit terminates the labor relationship with the employee, the unit shall, within 30 days from the date of termination of the labor relationship, go to the housing provident fund management center to register the change, and go to the entrusted bank to handle the transfer or sealing procedures of the employee housing provident fund account with the audit documents of the housing provident fund management center.
Article 16
The monthly deposit amount of employee housing provident fund is the average monthly salary of the employee in the previous year multiplied by the deposit ratio of employee housing provident fund.
The monthly deposit amount of housing provident fund paid by the unit for employees is the average monthly salary of employees in the previous year multiplied by the proportion of housing provident fund paid by the unit.