Shanghai: If Wages Are Deducted, Complaints Can Be Reported.

Do you know that when calculating overtime wages, the daily wages are converted to 21.75 days on the basis of the average monthly payroll days, while hourly wages are divided by 8 hours on the basis of daily wages.

When determining the calculation base of overtime pay, the labor contract has a definite stipulation for wages, and shall be corresponding to the post of the worker.

Determine.

If the labor contract has no definite agreement on wages, it shall be executed according to the collective contract.

If there is no agreement with the laborers, it shall be determined according to the 70% of the monthly wages and salaries of the laborers in their posts.

According to the monthly minimum wage standard of 2020 yuan which was implemented in Shanghai in April 1st, the workers worked overtime on May 1st, and the overtime pay at least 279 yuan per day.

If 3 days are overtime, no overtime, overtime pay at least 650 yuan.

If laborers' overtime wages are deducted, they can be directly covered by labor protection.

Reflect, or make a report by calling 12333.

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Employees who are not paid to stay at their posts, retired employees who have not reached the statutory retirement age, laid-off workers, and employees who have "long vacation" due to the business operation stop production belong to the "special" labor crowd. They have more urgent employment needs. Many enterprises like this, employ these people in "labor relations" and avoid "labor relations", so that they can ignore the minimum wage system, working hour system, labor security system and social insurance system required in the labor contract law, which saves enterprise expenses, but greatly damages the rights and interests of workers.

For this reason, the Supreme Court's relevant judicial interpretation requires that the above-mentioned persons may establish dual labor relations, and if they have disputes over employment with new employers, they should deal with them according to labor relations.

In many cases of termination of labor relations, the reasons for the resignation of workers are in violation of the rules and regulations of the unit.

In fact, many units do not publicized rules and regulations, and dismiss workers through these "mysterious" regulations.

The judge said that if the employer did not publicize the rules and regulations to the laborers, the rules and regulations would not be binding.

In addition, the labor contract law also stipulates that when employing units to formulate, modify or decide on rules and regulations or major matters directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance benefits, staff training, labor discipline and labor quota management, etc., it shall be discussed by workers' Congress or all staff members, and proposals and opinions shall be put forward, and shall be determined by consultation with the trade union or workers' representatives on an equal footing.

Conflicts between rules and regulations without democratic procedures and mandatory provisions of law may lead to loss of employers.

In addition to playing cat and dog, some employees have "rinsed" a company, and some human resources executives do so.

The labor contract law requires the enterprises and workers to sign a written contract, otherwise they will face punitive damages of two times the difference in wages.

This regulation is intended to protect workers' rights and interests, but it is also used by some executives.

In real life, the director of human resources, who has repeatedly resigned, sued the enterprise for not signing a written contract, demanding a high two times salary compensation case.

The judge pointed out that the director of human resources is familiar with the provisions of the law, and at the same time, it is the person in charge of the operation of human resources in the enterprise. Signing and keeping the labor contract belongs to the scope of its work. If the employer can prove that the labor contract is the responsibility of the person in charge of the personnel management department, there is no need to pay two times the wage difference to the person in charge.

On the contrary, if the person in charge can prove that he has signed a labor contract with the employer and the employer refuses, the employer still has to pay two times the wage difference to the laborer.