MBA微课： Is overtime pay calculated according to the minimum wage standard legal?
Is overtime pay calculated according to the minimum wage standard legal?
中国经济管理大学/中國經濟管理大學
加班工资按最低工资标准核算，合法吗？
Case: Is overtime pay calculated according to the minimum wage standard legal?
某市生产型服装企业，工厂有普工近 100 人。普工的工资由基本工资，加班工资两部分组成。其中，基本工资部分按照岗位不同，范围为 800—1800元，当地的最低工资标准为1500元。公司约定，员工加班工资的核算基数是 1300。按照劳动合同法的要求，员工平时加班都是1.5倍基本工资，周末加班是2倍工资，法定假日，3倍基本工资。公司这样做正确吗？
知识点：加班工资的核算，主要注意以下 2 点，1、员工的基本工资不得低于最低工资标准 2、工资核算基数应以员工的固定工资为基数
A production-oriented clothing enterprise in a certain city has nearly 100 general workers in its factory. The salary of general workers consists of two parts: basic salary and overtime salary. Among them, the basic salary ranges from 800 to 1800 yuan depending on the position, and the local minimum wage standard is 1500 yuan. The company has agreed that the calculation base for employee overtime pay is 1300. According to the requirements of the Labor Contract Law, employees are entitled to 1.5 times their basic salary for overtime on weekdays, 2 times their salary for weekend overtime, and 3 times their basic salary for statutory holidays. Is the company doing this correctly?
Knowledge point: The calculation of overtime pay mainly focuses on the following two points: 1.The basic salary of employees should not be lower than the minimum wage standard. 2.The salary calculation base should be based on the fixed salary of employees.
销售人员试用期没有提成奖金，这种做法合理吗？
Case : Is it reasonable for sales personnel to not receive commission bonuses during their probationary period?
某IT高新技术企业，签订劳动合同，第一次签订是 3 年，试用期一般为3个月。张先生被公司录用，工资由基本工资4000，岗位工资2500，提成（与销售业绩）三部分构成，其中基本工资，岗位工资为固定工资，按月发放；提成为浮动工资，按季度核算发放。张先生试用期期间提前完成下达任务。三个月后，人力资源部通知张先生按期转正。让张先生感到纳闷的是，每个月发放工资5200元，没有发放销售任务完成的提成。咨询人力资源部，人力资源部告知张先生，销售人员试用期没有提成奖金。公司这样做合适吗？
知识点：试用期工资，试用期工资是劳动合同的重要组成部分之一。劳动合同的期限，决定了试用期的长短。试用期的工资一般为转正后的 80%.
A certain IT high-tech enterprise signed a labor contract, with the first signing being for 3 years and a probationary period generally of 3 months. Mr. Zhang was hired by the company, and his salary consists of three parts: basic salary of 4000, job salary of 2500, and commission (related to sales performance). The basic salary and job salary are fixed salaries and paid monthly; Promoted to floating salary, calculated and paid quarterly. Mr. Zhang completed the assigned tasks ahead of schedule during his probationary period. Three months later, the Human Resources Department notified Mr. Zhang to become a regular employee on schedule. What puzzled Mr. Zhang was that he was paid a monthly salary of 5200 yuan without any commission for completing sales tasks. Consulting with the Human Resources Department, they informed Mr. Zhang that there is no commission bonus for sales personnel during their probationary period. Is it appropriate for the company to do this?
Knowledge point: Probationary salary is an important component of labor contracts. The duration of the labor contract determines the length of the probationary period. The salary during the probationary period is generally 80% after becoming a regular employee.
招聘人力资源部经理，面试程序怎么设计？
Case: How to design the interview procedure for recruiting a human resources manager?
某研发技术型企业，总经理张先生分管公司财务部，技术部日常工作。副总经理王先生负责人力资源部，销售部工作。人力资源部经理离职后，人力资源工作就由王先生直接管理。王先生经常会出差去外地洽谈生意，一般出差就是3-4天，工作通过电话和电子邮件来处理。张先生逐步意识到，人力资源管理工作对公司的重要性，需要招聘 1 名专职的资深人力资源经理，要求人力资源部必须尽快招聘到位。 你是招聘主管，你会怎么做？
知识点：面试流程设计，面试的流程主要包括：简历筛选，人员初试，人员复试，人员确定，背景调查，Offer 发放等几个环节。根据公司发展阶段，管理要求的不同，会有一些调整。
Mr. Zhang, the general manager of a certain R&D technology oriented enterprise, is in charge of the finance department and the daily work of the technology department. Mr. Wang, Deputy General Manager, is responsible for the work of the Human Resources Department and Sales Department. After the resignation of the Human Resources Manager, the human resources work was directly managed by Mr. Wang. Mr. Wang often goes on business trips to other places to negotiate business, usually lasting 3-4 days. His work is handled through phone and email. Mr. Zhang gradually realized the importance of human resource management to the company, and it was necessary to recruit a full-time senior human resources manager, requiring the human resources department to recruit as soon as possible. You are a recruitment supervisor, what would you do?
Knowledge point: Interview process design, the interview process mainly includes: resume screening, personnel preliminary examination, personnel re examination, personnel confirmation, background investigation, offer distribution, and other several links. According to the development stage of the company and different management requirements, there may be some adjustments.
只限制无补偿劳动者可“违约”
Case: Restrict workers without compensation to "default"
作为一家网络科技公司技术开发部的职员，王某曾与该公司约定：王某在离职后两年内，不得到具有竞争关系的公司从事相关的技术工作，否则将承担20万元的违约金。在双方劳动合同到期后，王某在家待业3个月，网络科技公司未向王某支付竞业限制补偿金。之后，王某到一家网站就职，继续从事相关的技术工作。网络科技公司得知后，认为王某违反了《保密协议及竞业限制合同》，于是要求王某支付违约金。最终，法院没有支持网络科技公司的诉讼请求。
知识点：竞业禁止，依据劳动合同法的相关规定，对负有保密义务的劳动者，用人单位可以与劳动者约定“竞业限制”条款，限制劳动者离职后入职有竞争关系的公司或自营同类业务的公司，并在劳动者离职后按月支付竞业限制补偿金。如果劳动者违反竞业限制约定，需要按照约定向用人单位支付违约金。
As an employee of the technology development department of a network technology company, Wang once agreed with the company that he would not be allowed to engage in related technical work with a competitive company for two years after leaving, otherwise he would be liable for a penalty of 200000 yuan. After the expiration of the labor contract between both parties, Wang was unemployed at home for 3 months, and the network technology company did not pay non compete compensation to Wang. Afterwards, Wang worked for a website and continued to engage in related technical work. After learning about it, the network technology company believed that Wang had violated the Confidentiality Agreement and Non compete Contract, and demanded that Wang pay a penalty for breach of contract. In the end, the court did not support the lawsuit request of the network technology company.
Knowledge point: Non competition. According to the relevant provisions of the Labor Contract Law, for employees who have confidentiality obligations, the employer can agree on a "non competition" clause with the employee, restricting the employee from joining companies with competitive relationships or self operated similar businesses after leaving the company, and paying non competition compensation on a monthly basis after the employee leaves the company. If the employee violates the non compete agreement, they need to pay a penalty to the employer according to the agreement.
员工要求即辞即走，公司如何处理？
Case : How does the company handle an employee's request to resign and leave immediately?
某公司员工B，在公司工作已2年(还在合同期内)，于2月11日突然提出离职，并当天辞职。由于公司的规定是在2月发1月的工资，按照公司员工手册的规定，员工离职，必须提前一个月提出书面申请，否则扣押剩余工资，作为对公司造成的赔偿。但是 B 要求公司给予其剩余工资。如果你是B所在公司的HR，你该如何处理?
知识点：离职管理，为规范员工离职的过程，保证日常工作和生产任务的连续性，确保公司和离职工的合法权益，做好重点员工慰留，离职面谈，工作交接，人员招聘，离职后管理的整个过程。
Employee B of a certain company, who has been working in the company for 2 years (still under contract), suddenly resigned on February 11th and resigned on the same day. Due to the company's policy of paying January's salary in February, according to the company's employee handbook, employees who resign must submit a written application one month in advance. Otherwise, the remaining salary will be confiscated as compensation to the company. But B requires the company to give him the remaining salary. If you are an HR from B's company, how should you handle it?
Knowledge point: Resignation management: In order to standardize the process of employee resignation, ensure the continuity of daily work and production tasks, and ensure the legitimate rights and interests of the company and departing employees, it is necessary to carry out the entire process of key employee consolation, resignation interviews, work handover, personnel recruitment, and post resignation management.
员工主动离职，是否一定要补偿公司？
Case: Do employees have to compensate the company if they voluntarily resign?
某生产公司员工小王录用后，签订正式的劳动合同。小王入职后。人力资源主管威胁小王，要求试用期期间自己拿钱交税款，否则将辞退小王。小王声称家里急需用钱，在公司预支一个月工资，未提前向用人单位告知突然离职。后来，小王打电话给人事部，表示本月未工作的半月工资退给公司，公司的任何离职手续不再办理。这种情况员工是否有违反劳动合同法的情况？
知识点：劳动合同的解除，是指当事人双方提前终止劳动合同的法律效力，解除双方的权利义务关系。主要有以下三种情况：1、双方协商解除劳动合同，2、劳动者单方解除劳动合同 3、用人单位单方解除劳动合同。
After being hired by employee Xiao Wang of a certain production company, a formal labor contract was signed. After Xiao Wang joined the company. The human resources supervisor threatened Xiao Wang to pay taxes during the probationary period, otherwise Xiao Wang would be dismissed. Xiao Wang claimed that his family urgently needed money and advanced a month's salary from the company without informing the employer in advance of his sudden resignation. Later, Xiao Wang called the HR department and stated that the half month salary for not working this month would be refunded to the company, and any resignation procedures would no longer be processed. Has the employee violated the Labor Contract Law in this situation?
Knowledge point: The termination of a labor contract refers to the legal effect of the early termination of the labor contract by both parties, and the termination of their rights and obligations. There are mainly three situations: 1. Both parties negotiate to terminate the labor contract; 2. The employee unilaterally terminates the labor contract; 3. The employer unilaterally terminates the labor contract.
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