[Original] Talk about my hopping experience
I have graduated for three years. Now I have to change the 5 companies here I don't want to say why I have changed such experiences and lessons who share some of the experiences and lessons to see the job. The reason for sharing the hopping. It is nothing more than the development of development. So the treatment, of course, I hope that the development space of the new company is big, the benevolent sees benevolence, the wise people have nothing to say, and the heads have said:
Some small smashing companies talk about the tax after paying, for example, if you want to pay 4500, they will send 3000 cash (not taxable) to send 1500 tax after the tax payment, they will calculate If you are good, you don't have to worry about tax evasion.
Welfare is based on the average wage in Beijing, so few, not much money. Maybe, if you don't mention, they don't even give you or, "according to the state regulations, the housing provident fund can not pay, so our company is not" "
Some regular companies are required to require their welfare. They are also doing regularly in accordance with your actual tax salary. However, they should compress artificial, they will use their high benefits to arrive. Your high payroll is not going to be, insist on your persistence.
Interview stage
To ask the following:
1. Problem
2. Four (3) Survival, specific payment base and percentage
3. Year-end reward (double salary? Year-end award? Probably ratio, etc.)
4. The length of the trial period and the treatment of the treatment (shorter, but no, maybe you will speculate in the company, 1 month)
5. Overtime processing methods and treatment (inverting? Overtime pay?)
6. Year holiday (whether there is a holiday in the first year, the length of the year, the shortest unit of vacation (my previous company is half a day))
7. How long does it take to adjust a salary (right at any time? Two a year?
8. Treatment of business trips (bonus for business trips, reimbursement)
9. Other expenditure reimbursement (mobile phone billing / lunch / transportation)
10. The company's activities (going abroad each year? Domestic tour? Or Xiangshan Tour?)
Those who have been temporarily thought of, and only wages and trials can only be discounted during the interview.
Other, I want the company to have a regular, it is impossible to change you, so I will ask if you don't satisfy you, you have a capital of salary.
Tripping period pays attention to the four insurance and one gold
Recently, the 31st guest interview room of the Chinese Yingcai.com invited the labor law expert Xu Cheng rang on "How to protect personal labor rights", and do online guidance for workplace and job seekers.
Be careful
Xu Cheng ran out that labor contracts and labor contracts are different contracts, and job seekers must be extra care. First, from the nature, the labor contract is adjusted by the labor law; and the labor contract is a contract similar to providing labor. It is actually a sales contract, which is adjusted by the contract law and civil law. Second, the labor contract is the principle of distribution according to the labor, and the labor contract is an equivalent exchange. Again, the content of the labor contract is composed of two parts of the legal terms and the provisions. The statutory provisions have the relevant insurance for employees, and the labor contract does not have problems.
He said: "If there is some illegal situation after signing the labor contract, the labor department is the power management, such as the law enforcement brigade of the Ministry of Labor. If the labor contract dispute needs labor arbitration, if the results are not convinced after the arbitration, then to the court to sue And the labor contract dispute can be directly to the court to sue. If the labor contract, if the illegal situation may involve administrative responsibility, liability and criminal responsibility, the labor contract is generally only in civil liability, which is the payment of labor costs. Question. "" Four insurance and one gold "should pay attention to God
"Siki and one gold" strictly talks about five insurances, including pension insurance, medical insurance, unemployment insurance, work injury insurance and maternity insurance, "one gold" refers to housing provident fund. Among them, pension insurance, medical insurance and unemployment insurance, these three kinds of insurance are considering premiums, and the work injury insurance and maternity insurance are completely affected by the company. Individuals do not need to pay. It should be noted here that "four insurance" is statutory, and "one gold" is not legal.
Xu Cheng said, "Siki and One Gold" payment amount is different in each region, with the total amount of salary. Some companies have basic salary when they pay, have some subsidies, but some companies are paying, only basic salary, this is in violation of law. Specific ratios must consult your local labor sector. With regard to pension insurance, unemployment insurance and medical insurance, it can be received in the case of statutory allowment, and it is distributed by the provisioning department. He said: "For example, pension insurance, you can reach the legal age can be collected, the collection of unemployment insurance is also required, such as the subtractive proof of the residential office, at the same time, it is finisher after the employment certificate. You must also have a willingness to work, such a condition can be taken. If you don't want to work after unemployment, then you can't send insurance. In addition, pension and unemployment are not available at the same time. "
In the trial period, insurance is the most concerned about the hopper, and Xu is considered to be insured because the trial period is an integral part of the contract, so it should be insured during the trial period. In addition, enterprises have a legal obligation to pay for employees, and do not depend on the meaning or voluntary or not, even if employees say they don't need to be insured, and commercial insurance cannot replace social insurance.
Overtime payment
When talking about the overtime problem of employee overtime, Xu Cheng ran out, "First, employees have the right to choose whether to overtime; second, enterprise payment overtime payables can not exceed the legal period, such as some special industries, must go to the labor department to approval, after approval Can be implemented. "He told reporters that the method calculated in different situations for overtime payments. First, in the case of working day, the overtime pay should be paid in accordance with the 150% of daily salary; second, if it is in the taxi, it should be paid to employees in accordance with 200% of daily salary, but in paying overtime payment and providing Between the two, the company has the right to choose the right; third, if it is in the legal festival, it should be paid in accordance with 300% of daily salary.
Regarding overtime time, normal working hours are no more than 8 hours a day, no more than 40 hours per week. Under normal circumstances, companies need to work overtime for more than an hour, and special circumstances must not exceed three hours, but on this basis, each month must not exceed 36 hours.
How much is the boss?
Some people say that don't take the boss as a good person, they use the minds of the pressing staff to increase the sales of sales. Betting with the boss, playing a wrist, fighting, going back - this is a later words, first we have to do it, don't be "pit".
Come, polish your eyes, learn to take out the horses hidden under the Kirin skin.
1. It is used to use the annual salary as a bait.
Tina Jump to a company for the operators, the company hired her, gave the "annual salary of 100,000 yuan" commitment, and promised that the payment of salary of 5,000 to 10,000 yuan per year, the year-end is divided, and half a month of half a year, The company will also regularly organize executive personnel of various departments to participate in various free training. Tina is to see all kinds of tempting commitments, which decided to enter this company, but these commitments have nothing. I don't say that the salary of the annual salary is not fulfilled - the company said that 100,000 yuan is only a contract, including the commission, vacation, training, training samples due to performance decision, and the salary is not mentioned. Don't think. However, these commitments were only in verbal, there is no legal effect, and Tina can only be swallowed.
MISS alarm:
"The annual salary is now" now is a fashionable and seductive word, but there is a certain deceptive, business and employees can make a completely different understanding of it. The employee believes that the annual salary is a 12-month salary, which is divided into 12 months, up to 13 copies (including year-end double salary). But for the company, it is not this explanation. They think that the annual salary can get the most amount of the money after a year. At the same time, it must be accepted by many conditions. Why do you have a different understanding? This is because "annual salary" is an emerging words, there is no rules and regulations to define or constrain it, so it has become a curse of corporate drilling.
How to reduce your own losses in front of the trap of the annual salary? Can be considered from the following aspects:
First of all, don't be confused by "annual salary", be sure to know how much the monthly salary is. Because companies with annual salary are small and medium-sized enterprises or private companies, annual salary can be changed by the boss. If you can't protect your own interests, wait for the money, he will say that the business is not good, there is no money to send At that time you will be very passive. The advertisement said that there are more than 10,000 yuan, just to attract talents.
Secondly, if the above method cannot be discussed, you can use the indicator to specify that according to the situation of the completion task and the situation of the assessment. However, for the high-level managers are not applicable, because the management system is not easy to assess, the boss tends to find a lot of problems, and you want to get a conventive annual salary will tend to fall.
Third, it is the problem of tax payment. At present, there is only a tax standard for monthly salary. If you count the tax, your annual salary will be 20%, and you must discuss the annual salary of the annual salary. If it is, it will judge that he is not likely to give you a true annual salary.
There is a relatively simple method, so you don't easily fall into the trap, you must ask the proportion of the annual salary of the monthly vessel year, the general monthly salary is more than 80% of the annual salary, accounting for 50% of the annual salary ~ 80 % Is to be skeptical, usually don't get all annual salary of 50% or less.
2. The usual tricks pay your high salary, regardless of insurance.
Donnie did three-year advertising interactive department designer, accumulated a lot of experience, and won a good reputation in the industry. Not long ago, a private enterprise advertising high-level high-paying for a monthly salary of 13,000 yuan, while negotiating the amount of salary, the company's boss said: "Our company is generally not responsible for paying 'four insurance' to employees. First, because of this industry's liquidity Strong, file transfer is not too significant; second, you are all high quality talents, and you will be very popular in the talent market. Since it will not be unemployed, isn't it white? And I have a high salary for you. There is a money to buy commercial life insurance and commercial medical insurance. I hope you will agree with the company. "
Donnie thinks that this boss is talking about it, so I agree. When I gathered at the gathering, everyone was quite focusing on Tangnie's new company. When he learned this, her classmate reminded: "It seems to be illegal, and it is not good for you, the future is to say, today The popular talent will not find the right job tomorrow. It is not possible. It is still a more guaranteed. "But Donne thinks that the boss will agree that the two sides can agree, this is what you wish, then, I have promised, I have promised, Do you want to say that you have no credit from going back?
MISS alarm:
The company's practices and Donnie's ideas are wrong. Participating in social insurance, paying unemployment insurance premiums, no use people can not participate, not participating, nor the workers agree to give up. "Labor Law" clearly stipulates that employers and workers must participate in social insurance according to law, and they pay social insurance premiums, which is mandatory. Many companies have not been transferred by the file, and refused to pay for the employee. In fact, there is no such provision in the labor law. Where is the file stored, full by yourself is happy, but the company must pay for employees, which is not directly related to your file.
Therefore, Donnie should put forward "four insurance" requirements to the unit. If the unit is alone, Tang Ni is still a concern, and it is not willing to "the criminal" boss, but also report it to the relevant department, and even leave this company in the future. Recovery by applying for arbitration. Article 82 of the Labor Law stipulates: "One party that proposes arbitration should submit a written application to the Labor Dispute Arbitration Commission within 60 days from the date of the labor dispute." The so-called "Japanese Labor Dispute" is the party "know or should Know the day of "its rights being violated. From this point of view, Doni can also put a "horse behind", in 60 days after "Beyour by Better", Taoism. This will not only keep "four insurances", but also don't have to worry about the strike retaliation of the boss.
Remember to stay in the employment contract with the company, it will be an important "pre-holiday for"; remember that when the company privately negotiates with you, "gives a certain compensation, no matter whether it is continued", It - because it is replenished, it is a very troublesome thing.
3, the usual tricks have increased, and the salary did not add.
At the beginning, Michelle came to this magazine as a process editor, a period of time is lacking inside the magazine, so Michelle has always been working in the front desk. Who knows that one day boss learns that she is moving in training and financial association, and hand over a part of the accounting of the magazine to her. Since then, Michelle begins to be unfunded, the workload is great, she has to use a lot of private time to overtime, but every work is not finished. Michelle finds the boss to reflect several times, the boss has a variety of excuses to block her, but it will not to raise a raise. I have done a lot of work in all, but the salary has not seen it, and Michelle is angry to be crazy.
MISS alarm:
I always remind yourself that your salary should work with you, if the boss just increase your workload but not willing to increase the raise, this is also a transformer.
Countermeasure:
1. Record your extra job tasks and the time occupied;
2. It must be understood that the increase in workload is not necessarily the responsibility of the committee, you might be a "Smem Mobi" that is pinched because of his temper. Only by proven that you have more efficient, and more creative ways, you can use the workflow to make a chip that requires a salary.
Don't: Holding a lot of thoughts hope that the boss is conscience. To talk about the courage and boss to talk about it, the salary may still be a distant dream, but the boss may let you reduce some work burden, at least, let the boss noticed that you are doing extra things, let the boss know that one The name of your name after the file is buried - this name refers to the name on your ID card, which is the name on your salary bar, not what "Linda" or "Lily". 4. The usual trick does not give wages.
Peng's income has always been "confidential" to the employee's income, salary hits the bank through the bank, no salary. If you need money, you will go to the bank to take it, never make a record. Sometimes I have issued a salary bonus, I sent a bonus and re-issued, and the last month's total revenue is how much. She is also a "confused account", in all, the amount is floating up and down, one or two hundred yuan, It's too lazy to go.
Later, I was going to resign into and repaired. I submitted to the boss. The company disagreed, and I have been dragging the procedures for her related procedures. This is dragged for two months. This period has been working, but the company agrees that after her resignation, two months of salary and commission have not given it. It was very angry and approved, but the arbitral tribunal requested the contract, and the wage bar, but he couldn't get it, and it took a long time for this lawsuit.
MISS alarm:
Many people are quite unexpected to the wage bar. After the Finance Department signed the word, the small notebook issued by the small note bin is thrown into the garbage bin. Some companies are to see the young people who don't care, and the sorcerer does not give it, as long as the number of salary is good, basically no one will come to the Finance Department to find trouble. However, you should understand that you have the right to know and supervise your own income, and the wage bar is the best way. As a wage bar, it will also make a credential role on whether the payment of the company will also make a credential. Therefore, it is necessary to stay a wage bar, and if the company does not provide a wage, it is an infringement.
Also, you have to "see" wage bar, you must pay attention to the following three points:
■ Total
Salary must be issued, and the total amount of salary every month is fixed, and the amount signed by the labor contract shall be consistent with the physical replacement of money salary. The Ministry of Labor requires that companies can only deduct employees, housing provident funds, and personal income taxes in wages. As for other items, they cannot be deducted unless special circumstances.
■ Look at "Siki and One Gold" and personal income tax
Watching pension insurance, medical insurance, work injury insurance, unemployment insurance and housing provident fund, is these five items that have been deducted from salary, have to come to your personal account, in addition, the starting point of each city is different, especially note.
Many companies do not have the total amount of employees as the base of paying social insurance premiums, and only some of the employees, even the minimum wage in this city will pay social insurance premiums. This behavior severely infringed the legitimate rights and interests of employees, giving these employees to have a hidden danger in the future. The payment base of various social insurance is mainly determined by the total amount of payment of the payment employee. The total wages in the government have a total of six parts of the salary pay for time-employment, piecewiching, bonuses, allowances and subsidies, overtime wages, and special circumstances. The unit is based on the cash and physical objects issued in various nominals, as long as they belong to the nature of labor compensation and the current statistical system does not clearly stipulate that they are not included in wages, they should be used as wages.
■ Take time
Whether to pay according to the time required by the labor contract, the employer should pay at least one salary every month. If the legal holiday or rest day, pay wages through the bank will not postpone payment; direct distribution of wages, should pay salary in advance. If you send a day every month, it is actually equal to less than a month after a few years.
5. The usual tricks "last elimination" will open you without discussing.
Xiao Cao, who teaches teaches in a private school, is very depressed recently. The reason is that the two-stage finals of the two class test results were first column of the first and countdown, which influence her year-on-year performance assessment, small Cao was hit by "last elimination". This small Cao felt very wronged, because the two classes were the worst grade, after her efforts, the average branch has increased a lot, but because the bottom is too bad, it is still thrown far away The back of the class. Xiao Cao wants to do his best, the students' achievements are also promoted, and there is no violation of the rules, why do you make me roll away? MISS alarm:
Many companies have now implemented "last elimination system" as the supervision of employees. However, according to the labor sector, the enterprise can be detailed in terms of the implementation of the "last elimination" as the release of the labor contract. The employee has two cases in the assessment: one is a failure to work, and it is at the end; the other is that although it is in "last", "the last" is still competent work. range. For employees who are inconsistent, they are at the end of employees, even if they can implement "last elimination", it should be practiced in strict accordance with the procedures stipulated by the Labor Law.
The Labor Law clearly stipulates that the workers cannot be competent, and the employers must train or adjust the job position. Through training or adjustment of workers who are still unqualified by work, the employer should notify the labor on the 30th in advance. Behind himself can be released. In addition, it must be explained that the employee of employees will implement "last elimination" to eliminate the labor contract according to law, and should pay economic compensation to employees in accordance with the prescribed standards, which is based on the period of employee work in this unit. Every year, it will be issued to economic compensation equivalent to a month's salary, up to 12 months.
If the employee thinks to be eliminated by the work, it can apply for labor arbitration to the Labor Dispute Arbitration Commission.
6, the usual trick resigns? Fried? First filled the "Deputy Application Form"!
Wen Jie is a good salesman. After resigning, after the first unspecific work, she jumped to a new foreign company in Shanghai. Who knows at the communication industry fair, she encountered the previous boss. I haven't waited for her to talk, the new boss will go forward - it has already known for a long time! The original boss looked at Wenjie, and his face revealed the smile.
Since the next day, the unlucky is on the head of Wenjie, first, the original area has been divided into others, followed by the original plan to go abroad, and the same level of colleagues are always Sitting when she is not there ... she is completely empty. Wen Jie understood that she had said that she said her, so that she received such a unfair treatment, so that she was looking for her to talk, she said that she said that she would stay more ... Wen Jie was opened, The personnel supervisor let her fill in a "post-service application form", Wen Jie's idea, she doesn't know what the consequences will be in this way.
MISS alarm:
Some employers have allowed employees to fill in the so-called "resignation application form" when the employee is lifted with the employee. There have been resigned members for economic compensation issues and the original companies to book the book, and the company took out the application form for employees to fill in and signed, the company and employee lifted the labor relationship were based on the resignation of employees. According to the law, the employer can Not paying economic compensation. The final staff hopes to fall. Therefore, whether the speculatory company is still stirred off, don't think that the departure application form is only fulfilling a deputy procedure, once it turns into a white paper, it will bring you bad consequences.
In addition, you can't apply for unemployment benefits. Because of the "Unemployment Insurance Regulations" The "non-done people's willingness to interrupt employment" refers to the following personnel: Termination of the labor contract, the employer is released, the employer is expelled, the name and the resignation of the use. Obviously, the employee puts forward the resignation of the "non-factor's willingness to interrupt employment". In accordance with national regulations, unemployment benefits are not available. Little knowledge about salary issues
Calculation of "Siki and One Gold" personal income tax and post-taxation:
I. Basic formula:
Payable salary = pre-tax salary - basic pension insurance - medical insurance - unemployment insurance - Work injury insurance - housing provident fund - personal income tax
Payment salary courage: month average wage in the previous year (the first year of work is the average monthly salary of the year), the highest can not exceed 3 times the average wage of the employee of the city (2003 Beijing, the upper limit of 1550 × 3 = 4650 yuan)
Second, various calculation methods: (pre-tax pay 5,000 yuan as an example, all rounds into one)
Basic pension insurance
Personal payment: payment salary base × 8% 4,650 × 8% = 372
Corporate payment: payment salary base × 19% 4,650 × 19% = 884
2. Medical insurance
(1) Basic medical insurance: (2.8% of the personal account)
Personal payment: payment salary base × 2% 4,650 x 2% = 93
Corporate payment: payment salary base × 9.8% 4,650 × 9% 4,650 × 0.8% = 456
(2) Large medical expenses mutual help:
Personal payment: 3 yuan 3
Enterprise payment: payment salary base × 1% 4,650 × 1% = 47
3. Unemployment insurance
Personal payment: payment salary base × 0.5% 4,650 × 0.5% = 23
Corporate payment: payment salary base × 1.5% 4,650 × 1.5% = 70
4. Work injury insurance
Corporate payment: payment salary base × 0.4% (IT industry 0.4%) 4,650 × 0.4% = 19
5. Housing provident fund
Personal payment: payment salary base × 8% 4,650 × 8% = 372
Corporate payment: Payment salary base × 8% 4,650 × 8% = 372
6. Personal income tax
Full month should pay taxes = pre-tax pay -1000-four insurance
Personal income tax calculates as follows:
series
Full month should pay taxes
tax rate
1
No more than 500 yuan
5%
2
More than 500 yuan to 2,000 yuan
10%
3
More than 2,000 yuan to 5,000 yuan
15%
4
More than 5,000 yuan to 20,000 yuan
20%
5
More than 20,000 yuan to 40,000 yuan
25% later 20,000 tax rate increased by 5%
Four insurance and one gold: 4650 × 18.5% 3 = 863
Prescent 5K taxable income = 5K-1K-863 = 3137 personal income tax = 25 150 (3137-2000) × 0.15 = 346
Tax payable before taxation = 10K-1K-863 = 8137 personal income tax = 25 150 450 (8137-5K) × 0.2 = 1252
Calculation results:
Pre-tax 5K payment = 5000-863-346 = 3791
Tax 10K payment = 10000-863-1252 = 7885
Corporate and personal payment of four insurance, one gold total = 4650 × 58.2% 3 = 2709
Recruitment practical policy interpretation: archives and insurance issues
Insurance and files are the most personal things. Work like a lot of things. Can not be ignored because Money is more than Money in real life. Especially insurance, it is related to health and future, and cannot give up. High pay for it! It is not allowed to lure! Policy stipulations: The Labor Law of the People's Republic of China (the Eighth Conference of the Standing Committee of the 8th National People's Congress on July 5, 1994). Article 16 The labor contract is an agreement to establish labor relations and clarifying the rights and obligations of workers and employers. A labor contract should be set up when establishing a labor relationship.
Article 70 National Development Social Insurance, establish a social insurance system, establish a social insurance fund, enabling workers to help and compensate in the age of old, sick, work injury, unemployment, fertility, etc.
Article 72 Social Insurance Fund has gradually implemented social overall management in accordance with the source of funds in accordance with the type of insurance. Employers and workers must participate in social insurance according to law and pay social insurance premiums.
The Beijing Labor Bureau "On the Problem of Beijing Municipal Subsidic Unit Recruitment of Workers" (August 16, 1997, Beijing, 1997] No. 151).
I. Using employees to use workers must handle recruitment filings, and apply for employee file transfer procedures.
1. Recruitment of employees, labor contract periods in one year (including one year), employee files are kept by employers, or entrusting employers to authorize the professional introduction service center to authorize archived business. The employer recruits the employee labor contract period for one year, according to the "Interim Measures for Recruitment of Workers in Beijing], the employee files may not be mentioned, but the employer shall collect its archives to the unit of the Office of the Office of the Ministry of Labor Bureau save.
2, individual, private enterprise recruiting employees, by individual, private business owners handling employee archives at the regional and county labor bureau of enterprises in enterprises.
2. Anyone who handles the collective commissioning of the professional introduction service center shall, in accordance with the "Notice on the Issues Concerning Social Insurance" in the Career Service Center "(Jing Lao Division [1995] No. 83) and" about in the occupation Introduce the supplementary notice of the service center archive staff to participate in social insurance, "Beijing, [1995] No. 105), provides social insurance for employees.
Since the implementation of the Labor Law on 1 January 1995, the labor contract is an important dependency of the status of labor relations between workers and employers, and personnel files cannot be used as the basis for labor relations. As long as the laborer and the employer have a factual labor relationship, the workers should enjoy social insurance. In other words, after enterprises recruit employees, they have to enjoy the rights of social insurance from the first day of workers to employ people's units, that is, the labor relationship between the two parties, the laborers should enjoy social insurance. The employer must fulfill the obligation to pay various social insurance for its employees.
The Social Insurance stipulated in the Labor Law is different from the financial insurance of the insurance company. Insured to the insurance company, you can't replace the old-age insurance in social insurance. And, participate in social insurance, paying social insurance premiums is the obligation of employers, and is also the obligation of the worker. It is the common obligation of both. For rights, you must be abandoned, but you must perform it for your obligation. Endowment insurance for replacing employees with high salary is a violation of law. The company should also pay at the same time, and insurance. Only this will protect the legitimate rights and interests of employees.
For employees who are not in units, some companies do not do not debug, but they will not pay social insurance costs for employees in units, so that the legitimate rights and interests of employees have been infringed.
The transfer of files is part of the management of employees, the files of employees, and companies can manage themselves. Units without file management functions can also entrust special file management agencies, such as managed by career. The Beijing labor security administrative department stipulates that employees must apply for recruitment filing, while handling employee file transfer procedures. Recruiting employees in employees is signed for a labor contract period for more than a year (including one year), and the employee file is kept by the employer, or entrusts the employer to authorize the employment of the labor security administrative department to hold an archive business to hold the archive business. The employer recruits employee labor contract periods, according to the "Interim Measures for Recruitment of Workers in Beijing", employee files may not be mentioned, but employers should put their archives commissioned in the area of the Ministry of Labor and Social Security Bureau The service center is saved. Therefore, corporate recruitment workers have obligations to file management and file transfer for file management and file transfer regardless of their signed labor contract period.
Medical period calculation problem
In the face of medical period, white-collar workers usually don't have high hanging, it seems to be a very distant thing; when the disease is sudden, I don't know what it is.
Policy:
Article 3 stipulates that in accordance with the medical staff, enterprises, the employee needs to stop working medical treatment, according to the actual work years, according to the actual work years, according to the actual work year of this unit, according to my actual work years. 3 months to 24 months of medical treatment: (1) The actual working life is 10 years, and the working hours of this unit is 3 months, more than 5 years, 6 months. (2) The actual work year is more than 10 years, and the working hours of this unit is 6 months; 5 years or more, 9 months, 10 years or more, 12 months; 15 The year is 18 months or more; 20 years of 24 months. Article 5 stipulates that enterprise employees shall be implemented in medical treatment within the medical period.
Medical period refers to enterprise employees to stop working for illness or non-factorial injuries, and employers may not cancel the time limit for labor contracts.
In the reality, some "white-collar workers" have been in trouble because of long-term work, and they have been kicked out of the door during the treatment of the enterprise. If they know the "Labor Law" to give them the medical treatment, I can tell the business boss directly: "I can't relieve labor contracts during the medical treatment." The medical period should start from the first day of the disease. For: 3 months of medical treatment, within 6 months, the cumulative disease period is calculated; 6 months in 12 months within 12 months of time calculation; 9 months in 15 months of cumulative sick time calculation; 12 months Calculated in 18 months; 18 months of cumulative time calculation within 24 months; 24 months of cumulative time calculation within 30 months. It is included in the disease, public holidays and statutory holidays. According to the Ministry of Labor, "Opinions on the Implementation of" Some Problems of Labor Law ", some employees who have special diseases (such as cancer, mental illness,, etc.), can not be healed in medical period, by enterprises and labor administration Approved by the competent authority, it can prolong medical period.
wage
Money, money. Regardless of the white-collar-collar golden collar, salary is the fundamental purpose of workers' work, focus on the problem.
Policy:
Enterprises have no right to force workers overtime
Article 41 of the Labor Law of the People's Republic of China (July 5, 1994) Article 41 stipulates that the employer can extend working hours due to the production and operation needs, can extend working hours after consultation with the trade union and workers, general daily Do not exceed one hour; due to special reasons, it is necessary to extend working hours under the conditions that protect the health of the workers, and the working hours must not exceed three hours per day, but must not exceed 36 hours per month. "Violation of the Labor Law of the People's Republic of China" (Administrative Punishment Measures (December 26, 1994) Article 5 stipulates that the employer can extend the workers for more than three hours daily. The monthly prolongation time is more than 36 hours, it should be warned, ordered to be corrected, and the standard penalties for each worker will be more than one hundred dollars below the working time.
Enterprises have confirmed the working hours due to production and operation needs, should be negotiated with trade unions and workers. After consultation, companies can decide to extend working hours within the "Labor Law", and the laborers have the right to reject the working hours for the company's violation of laws and regulations. If a labor dispute occurs, the labor dispute processing institution can be treated.
The company did not agree with employees and employees in advance, and decided to extend working hours in order to unilaterally decided to extend working hours. In fact, the "Labor Law" procedure for consultation is to prevent enterprises from using advantageous status to force workers to accept unfavorable prolonging work hours. Enterprise leaders cannot negate this provision with the responsibility system of general manager or other management. Don't think that it is our own power at will. When the business should be determined according to its own production capacity, the company does need to extend the labor time, and it should also be discussed with trade unions and employees, and comply with the provisions of the extended working time limit. It is illegal.
Policy:
Algorithm for daily pay and hour salary
According to the National Year and Commemorative Holiday, the National Council No. 270) stipulates that all citizens have been changed from the original 7 days to 10 days. Accordingly, the average number of working days and working hours of employees have been adjusted to 20.92 days and 167.4 hours, and employees' daily wages and hours salary are converted.
The labor administration officially issued a notice, clarifying the average number of employee months and monthly average working hours respectively adjusted to 20.92 days, 167.4 hours, while stipulates that employees' daily wages, hours salary and overtime salary are converted. This move is of great significance for regulating corporate salary distribution behaviors and protecting legitimate rights and interests of employees.
Workers should remember: your daily salary = monthly salary / 20.92; hour salary = monthly salary / 167.4.
How to solve labor disputes
Sudden disputes, the rights and interests of being violated ... don't panic, pick up the legal weapon. Write a clear and powerful labor dispute application, everyone is doing.
Policy:
Article 79 of the Labor Law of the People's Republic of China stipulates that after the labor dispute, the parties can apply for mediation to the Ministry of Labor Dispute Mediation Committee; mediation, the parties require arbitration, and can apply for arbitration to the Labor Dispute Arbitration Commission. Party can also apply for arbitration to the Labor Dispute Arbitration Commission.
If the arbitration ruling is dissatisfied, it can file a lawsuit to the people's court.
