Spring Festival is approaching, send you a workplace rights and interests “avoid pit” guide!


Do companies have to give out year-end bonuses?What happens to Social Security if you quit?Did not take annual leave how does salary calculate?…Today afternoon also prepared a year-end workplace rights and interests “avoid pit” guide collection quickly!Does the company have to give year-end bonuses?The year-end bonus is a part of the employee’s labor remuneration, but whether it belongs to the project that must be paid in the salary category is not clearly stipulated by national laws and regulations.Generally speaking, whether the year-end bonus is issued, how much, and the unit operating conditions and employee performance closely related, belong to the unit’s independent right.However, if there is a clear agreement in the labor contract, or there is a clear provision in the rules and regulations of the unit, so in accordance with the principle of equal pay for equal work, the laborer has the right to enjoy the year-end bonus according to the agreement or provisions.02 year – end assessment is unqualified, can the unit remove labor contract directly?According to Article 40 of the Labor Contract Law, if a laborer is incompetent and still incompetent after training or post adjustment, the employer may terminate the labor contract after informing the laborer in writing 30 days in advance or paying the laborer an extra month’s salary.Rules and regulations stipulated so if unit of choose and employ persons, laborer year-end examination unqualified will be considered unfit for work, and on the basis of remove labor contract, must satisfy three premises: s laborer is proved incompetent s to work after training or adjustment of jobs s workers still work is not up to 3 spare time to rehearse the annual meeting of the programs, calculate work overtime?Is it overtime to rehearse the company’s annual meeting on weekends or after work?It depends.If the laborer rehearses annual meeting program is spontaneous, the enterprise does not require compulsively, so the laborer asks for overtime pay without basis.If the worker attends the annual meeting activity that the company organizes, it is to obey the arrangement of the unit, and annual meeting content is concerned with the job, can regard as a kind of continuance that is the job commonly, can advocate overtime fee.04 resigned social security how to do?Every year around the Spring Festival, it is the peak of job-hopping.If you find a job soon after leaving, and the new job is still in the local, as long as you communicate with the unit, the social security can be connected;If it is to change work across provinces and cities, it is necessary to deal with social security migration, processing process and requirements of each region is slightly different, it is best to consult the local community departments to deal with.If leave office did not have again obtain employment temporarily, can attend worker endowment insurance and worker medical treatment insurance with the identity of personnel of flexible obtain employment, deal with orgnaization of agency of local social security can.05 units do not open termination of labor contract certificate how to do?According to the Labor Contract Law, employers should issue a certificate of cancellation or termination of labor contracts, and transfer files and social insurance relationships for workers within 15 days.Therefore, it is the legal obligation for the company to handle the separation certificate and relevant procedures for the employees who leave the company normally.If the employer fails to provide the laborer with a written certificate of rescission or termination of the labor contract after normal dimission, thus causing damage to the laborer, it shall be liable for compensation.How does not take annual leave pay calculate?”The worker takes salary year to leave byelop” the 5th regulation, the unit cannot arrange worker to rest year to leave because the job needs truly, via him worker agrees, can not arrange worker to rest year to leave.To the worker should rest did not rest annual leave number, the unit ought to pay annual leave salary remuneration according to 300% of this worker’s daily wage income.Generally speaking, annual leave should be taken in that year.However, if it is really necessary for the employing unit to arrange annual leave for its staff and workers in another year due to the characteristics of production and work, the arrangement may be made in another year.07 Spring Festival overtime pay how to calculate?According to the provisions of the labor contract Law, if the employing unit that implements the standard working hour system arranges workers to work overtime on legal holidays, the overtime wage paid by the employing unit shall be no less than 300% of the daily wage base or hourly wage base;Rest day arranges laborer to work cannot arrange fill rest again, answer to pay 200% overwork salary.This year’s Spring Festival, the first, second and third days of the first month are counted as national holidays, and the remaining four days are “borrowed” by taking time off.Accordingly, the computation standard of these 7 days overwork wages differs somewhat.If you work overtime from the first to the third day, the company should pay no less than 300% of the salary;Other 4 days, if the unit did not arrange fill rest, should pay not under the 200% salary remuneration of wages.Based on the minimum wage standard of 2320 yuan per month in Beijing, the daily wage of each working day is 106.67 yuan for 21.75 days of working time, so the daily wage of the first day to the third day of the first lunar month is 320.01 yuan, and the daily wage of the New Year’s Eve, the fourth day to the sixth day is 213.34 yuan.It should be emphasized that holiday benefits should not offset overtime pay, and overtime pay should not be “evaporated” because of the promotion of local Spring Festival.Source: China Labor Protection Daily, Workers daily, Labor Daily

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