put questions to 180000 lawyers answer online
home page > Selected answers > Selected answers to wages and benefits > Is paid leave a salary benefit

Is paid leave a salary benefit

Time: 2024.02.25 label: Labor disputes Wages and benefits Reading: 1155 people
Lawyer's analysis:
Paid leave is Wages and benefits It is also a system stipulated by law.
Legal basis:
Article 45 of the Labor Law of the People's Republic of China
The State implements a paid annual leave system. Labourers who have worked continuously for more than one year are entitled to paid annual leave. The specific measures shall be formulated by the State Council.
Copyright notice: This platform has exclusive copyright on the content mode of graphics and text, and can not be copied or reproduced in any form without permission.

It depends on the specific situation. The housing provident fund is paid according to a certain proportion based on the average salary of employees in the previous year, and the minimum payment proportion is 5%. The specific payment regulations of each company are inconsistent, so it is impossible to directly calculate and issue the salary

It depends on the specific situation. When the social security has been paid for 15 years and the legal retirement age has been reached, the basic pension can be received monthly. Basic pension consists of pooling pension and individual account pension. The basic pension is based on the individual's cumulative contribution years, contribution salary, local position

At least one year of work before annual leave. If an employee has worked accumulatively for more than one year but less than 10 years, he/she shall have 5 days of statutory paid annual leave. There are 10 days of annual leave after 10 to 20 years of work, but it should be noted that the national statutory holidays and weekends are not included in the annual leave

Selected pictures and texts Pufa video Voice Answers
  • Does the boss have the right to dismiss employees during the probation period

     Legal Advisor

    Legal Advisor

    When employees in the probation period are dissolved in the enterprise, regardless of the length of work, they are entitled to economic compensation. Compensation standard: half a month's salary will be compensated for those less than six months; Six months to one year will be regarded as one full year, and half a month's salary will be compensated; If it is more than six months but less than one year, it shall be calculated as a whole year. The compensation amount is based on the actual number of years of work. If the monthly salary exceeds the upper limit of three times the average monthly salary of local employees, the compensation amount will increase. The compensation period shall not exceed 12 years, and the monthly salary shall be subject to the average income of the twelve months before the termination or termination. Common reasons for the dissolution of an enterprise include the provisions of the articles of association, the resolution of shareholders, or the merger and split of the company.

    Views: one thousand four hundred and twenty-three 2024-06-30
  • How to correctly calculate compensation when dismissing employees without reason

     Legal Advisor

    Legal Advisor

    If an enterprise dismisses a worker who has not violated the rules without reason, it must pay twice the standard of economic compensation, and the compensation period shall not exceed 12 years. The calculation method is as follows: one month's salary will be compensated for one full year of work, and half a month will be compensated for less than six months; If the monthly salary exceeds three times of the average monthly salary of the employees in the region last year, the compensation shall be calculated as three times of the salary. The monthly salary is based on the average income of the 12 months before the termination of the contract.

    Views: one thousand three hundred and twenty-two 2024-06-30
  • If the company does not renew the labor contract, can employees claim compensation

     Legal Advisor

    Legal Advisor

    The laborer is faced with the expiration of the fixed term contract without renewal. If the unit does not renew the contract, it shall pay economic compensation according to the length of service in accordance with the law. If the monthly salary is less than three times the local average salary, it shall be calculated as one year and one month, and if the monthly salary is more than three times the local average salary, it shall be referred to as three times; Less than half a year counts as half a month. The monthly salary shall be the average of the twelve months prior to the termination or termination. There are two cases of workers refusing to sign: the unit maintains or improves the conditions, and the workers do not need compensation; If the unit lowers the conditions, the worker is entitled to compensation, and the maximum cumulative life is 12 years.

    Views: one thousand four hundred and twenty-two 2024-06-30
  • Who will pay the five insurances and one fund for suspension

    Lawyer Zhong Yulin

    The unit and the worker shall negotiate who will pay the five insurances and one fund for suspension of pay. Staying on duty without pay refers to a contract signed by the employer and the employee according to law to stipulate the mutual rights and obligations of both parties during the period of staying on duty without pay in order to make certain employees leave the post without pay for a certain period of time and retain their identity. The validity of the agreement generally does not exceed two years.

    Play volume: one thousand three hundred and ninety-seven 2022-06-15
  • Is there maternity pay for unmarried children

    Lawyer Hu Jing

    yes , we have. You can apply to the company with valid materials such as pregnancy test certificate. The maternity allowance for female employees during maternity leave shall be paid from the maternity insurance fund according to the average monthly salary of the employees of the employer in the previous year if they have participated in maternity insurance; For those who do not participate in maternity insurance, the employer shall pay them according to the standard of pre maternity wages of female employees.

    Play volume: one thousand three hundred and ninety-two 2022-06-07
  • What punishment will be imposed on the recruitment of child labor

    Lawyer Zhong Yulin

    The recruitment of minors under the age of 16 belongs to the recruitment of child labor; If the employing unit constitutes illegal employment, it shall be punished by the labor and social security administrative department, and shall order the employing unit to return the child labor to its parents or other guardians in the original place of residence within a time limit. If it is overdue, it will be fined by the administrative department of labor and social security, and its business license will be revoked by the administrative department of industry and commerce, or the civil affairs department will revoke the registration of people run non enterprise units.

    Play volume: one thousand four hundred and fifty-seven 2022-06-07
 Lawyer Ji Wenmei

Guangdong Chenggong Law Firm

Lawyer Ji Wenmei, graduated from Xiamen University, majoring in civil and commercial law. He served as the equity partner and director of the Labor Professional Committee of Guangdong Chenggong Law Firm. Over ten years, it has undertaken more than 200 labor disputes. As the professional backbone of the team, he has profound legal foundation and defense experience in the field of criminal defense. The cases he undertook involve the crime of fraud, the crime of helping network information criminal activities, the crime of concealing crimes, the crime of dangerous driving, the crime of contract fraud, the crime of duty embezzlement and other crimes.

Consult the lawyer
  • How much personal income tax should be paid for workers' wages of 10000 yuan

    1530 people read

    In most cases, erroneous court decisions can be appealed. If the judgment has come into force or is believed to be wrong, a retrial or appeal procedure can be initiated to apply to the court for review. If it is confirmed that there is an error in the trial, a ruling shall be made to retry and amend it. If the court of first instance makes a wrong judgment, the defendant, private prosecutor and their legal representatives have the right to appeal to the court at the next higher level. The parties to the incidental civil action and their legal representatives may also appeal against the incidental civil action part of the judgment or ruling of the first instance.

  • What is the vacation system of state organs

    1394 people read

    The national leave system stipulates that civil servants can enjoy annual leave ranging from 5 to 15 days according to their length of service, and 300% of the salary shall be paid if they do not take the leave. Under five circumstances, employees cannot enjoy the annual leave of the current year, including winter and summer vacations exceeding the specified number of days, personal leave exceeding 20 days in total, and sick leave exceeding the specified number of months in total. The unit shall solicit the opinions of the employees and pay the salary and remuneration for annual leave, which shall be paid in a lump sum within the first quarter of the next year.

  • Will the advance salary be recovered if it is not deducted after leaving the company

    1667 people read

    If the advance salary is not deducted after resignation, it may be recovered. It is suggested to negotiate with the employer first. If the negotiation fails, you can apply to the labor dispute mediation committee for mediation. If the dispute still cannot be resolved, you can apply to the labor dispute arbitration committee for arbitration. If he is dissatisfied with the arbitration result, he may bring a lawsuit to the court. Note that arbitration is required before litigation.

  • What if the boss doesn't pay for the holiday

    1838 people read

    During the Spring Festival holiday, if the employer refuses to pay wages, it is recommended to try friendly negotiation first. If the negotiation fails, you can apply to the local mediation institution for mediation. If the mediation fails or the employer breaches the contract again, it can apply to the labor dispute arbitration committee for arbitration. If the arbitration result is still unsatisfactory, a lawsuit can be brought to the people's court with jurisdiction.

How many days can I get the certificate after I hand in the divorce agreement How to judge two children in a domestic violence divorce How to judge a man's cheating divorce Can Divorce Claim Compensation for Domestic Violence How to judge the divorce filed by the cheating party Compensation standard for divorce of pregnant husband cheating How much money should be prepared for the lawsuit of child custody Struggle for child custody How much is the divorce compensation for domestic violence Marriage Law: How to Judge the Divorce of a Man Who cheated What to do if the husband refuses to divorce How to Judge the Custody Right of Children after Divorce How to divorce quickly? One party disagrees Who will get the child due to domestic violence divorce How to divorce a woman who is raped after cheating How to fight for child custody How divorce laws judge children and property How to Judge Wife's Divorce How to Judge the Divorce of a Married Woman Who cheated How many days is the longest from suing for divorce to adjudicating divorce How much is the court's divorce litigation fee Litigation process of inheritance disputes How to judge custody How to Judge the Divorce in the Case of the Man's Dereliction Marriage Law: How to Judge the Divorce of the Female Party Who cheated How long can divorce be decided by suing for domestic violence How to Judge a Divorce for Husband's Misconduct and Domestic Violence What to do if the husband doesn't agree to divorce What evidence is needed for divorce due to domestic violence How to judge one party's infidelity in marriage
View All