Problem introduction:
Many workers and corporate HR are aware of the existence of labor laws.2175 days and 2083 days, but it's not clear what exactly these two times mean and how they apply. The issue of working hours is an important issue in the field of labor and labor disputes often arise, and it is necessary to make it clear.
Problem Analysis:
In labor and employment practice, 2175 and 2083 is two concepts that cannot be avoided, and if you have been concerned about the problem of working hours for a long time, you may still know 2092, so what does this series of numbers mean in terms of working hours?
I. 2175 and 20The origin and concept of 83
Both of these concepts are derived from the former Ministry of Labor's Notice on Issues Concerning the Conversion of Employees' Average Monthly Working Hours and Wages (Lao She Bu Fa (2008) No. 3).
20.83 is called "system working hours", which is popularly understood as the time when you need to go to workSince state-owned enterprises and public institutions were the main reference objects at that time, the calculation was based on the number of weekend days off days and the number of statutory holidays in a period of 365 days. This results in the calculation of the annual working days, quarterly average working days and monthly average working days of employees in the enterprise in a year.
According to the way at that time, the whole year was calculated according to 52 weeks, and the weekly rest days were 2 days, then the annual rest days were 104 days, and the statutory holidays were 11 days, then:
Annual working days: 365 days - 104 days (rest days) - 11 days (statutory holidays) 250 days.
Quarterly system working days: 250 days 4 quarters 625 days quarter.
Monthly working days: 250 days December 2083 days per month.
Calculation of working hours: multiplied by 8 hours per day for a monthly, quarterly, or annual working day.
21.75 is known as "salaried working hours", which is commonly understood as the time when wages need to be calculated。21.The calculation idea of 75 is the same as that of 2083 is the same, the difference is that statutory holidays do not need to go to work, but statutory holidays are required to pay wages normally, and cannot be deducted from 365 days when calculating salaried working hours, while rest days belong to neither work nor wages, and need to be deducted from 365 days. Salaried working hours are calculated as follows:
Monthly payroll days (365 days-104 days) December 2175 days.
Daily wage: monthly salary income Number of days of monthly salary.
Hourly wage: monthly salary income (8 hours of paid days per month).
20.The number 92 is a product of a special era and is no longer needed. From 1999 to 2007, there were only 10 legal holidays in China. According to the above calculation formula, on the premise that there are only 10 statutory holidays, the average monthly working day of the system is 2092 days.
II. 2175 and 20What is the difference in the application of 83?
The distinction between the two is simply as follows:
It is used when calculating working hoursFor example: monthly working days, calculation of irregular hours, comprehensive working hours, non-statutory holidays (sick leave, medical period, work-related injury, etc.). In practice, the function of the system of working hours is not limited to the calculation of wages. For example, 20The number 83;For example, in the calculation of the time limit of some non-statutory leave, if the employee often takes sick leave, in practice, he will tend to use 20 when calculating the length of the medical treatment period83 days are judged as a month. If the employee has accumulated 21 days of sick leave, he or she is deemed to have reached the medical treatment period of 1 month.
21 is used when calculating wagesCommon use cases are:
1. Calculate the daily wage
The daily wage refers to the wages that the worker receives for the day he or she works. For example, Zhang San's monthly salary is 6,525 yuan, and he takes five days off and two days off every week. Then, Zhang San's daily wage is 6525 21$75,300. 2175 this number.
Daily wages are generally used to calculate the number of days an employee is absent from work, such as holidays, etc., and is more common in wage calculations.
2.Calculate hourly wages
Hourly wage refers to the wages that workers receive for one hour of work. Same as Zhang San's example, Zhang San's hourly wage is 300 8 = 37$5.
In part-time employment management and labor management, hourly wages are very common, and in addition to being used as a reference basis for minimum wage standards, they may also be linked to hourly wages when calculating overtime wages.
3.Calculate overtime pay
Overtime pay refers to the wages that workers receive for providing labor outside of regular working hours. In the same example as above, if Zhang San worked 1 hour of overtime on a working day, then Zhang San's overtime pay is 375×1.5 (calculated as 150 for weekdays) 5625 yuan.
Overtime wages are very common in labor and employment management, which are mainly manifested in three different types of overtime: overtime on weekdays, overtime on rest days and overtime on statutory holidays.
4.Calculation of wages for non-statutory public holidays
The non-statutory public holiday period refers to other holidays other than the statutory public holiday period, such as annual leave, marriage and funeral leave, family visit leave, sick leave, parental leave, and related leave for "three periods" of female employees. This type of leave is characterized by certain conditions and circumstances that need to be met in order to occur, and it is not necessarily going to happen. For example, annual leave requires workers to work for 12 consecutive months in order to enjoy this leave. Although there are slight differences in the way in which 12 months of continuous service are determined in different places, the standard for calculating wages on the day of annual leave is also based on the standard of "daily wage", so 2175 paydays can also be used as a basis for calculation.
5.Calculate wages for statutory public holidays
According to the law, statutory public holidays are required to pay wages according to the standard of normal work, and the calculation process will also involve the calculation of daily wages.
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