New year's Day is coming soon. New Year's Day is a national legal holiday, but some people still need to work overtime because of the nature of their work. But it's better to work overtime on holidays than usual. After all, overtime on legal holidays is three times the salary. So if you are destined to work overtime on New Year's day in 2019, you must find out whether you can get three times the salary for overtime on New Year's day in 2019. The small editor of this article will tell you whether you can get three times the salary for overtime on New Year's day and how to calculate the three times the salary!
How many times the salary for the 2019 New Year's Day holiday? 3 times the salary for overtime during the 2019 New Year's Day holiday
January 1, 2019 is the new year's day. The new year's Day holiday and weekends are closed, that is, the new year's Day holiday in 2019 is from December 30, 2018 to January 1, 2018, a total of 3 days.
According to regulations, if workers go to work on legal holidays, the employer shall pay overtime wages at 300% of the daily wage, which shall not be offset by compensatory leave.
On December 30 and 31, 2017, enterprises implementing the standard working hour system can choose to give overtime employees compensatory leave or pay double daily wages. If you work overtime on January 1, you must pay three times the daily overtime salary.
Double daily wage = calculation base of overtime wage & pile; 21.75× 200％
Triple daily wage = calculation base of overtime wage & pile; 21.75× 300％
What you need to know about overtime pay
1、 Do you have to pay overtime for compensatory leave on legal holidays
Overtime is also paid for compensatory leave
The labor law stipulates that if workers are arranged to work on rest days and cannot arrange compensatory leave, they shall be paid not less than 200% of their wages. It can be seen that after overtime on rest days, the enterprise can first arrange compensatory leave. When compensatory leave cannot be arranged, the enterprise will pay overtime pay of no less than 200% of the salary. In other words, after working overtime on weekends, whether to arrange compensatory leave or pay overtime pay is up to the enterprise, and the employees have no choice. According to the provisions of relevant laws and regulations, the employer must pay overtime wages only for overtime at night and on national holidays.
2、 How to calculate overtime pay
Article 44 under any of the following circumstances, the employing unit shall pay wages and remuneration higher than the workers' wages during normal working hours according to the following standards:
（1） If a worker is arranged to extend his working hours, he shall be paid not less than 150% of his salary;
（2） If a worker is arranged to work on a rest day and no compensatory leave can be arranged, he shall be paid not less than 200% of his salary;
（3） If workers are arranged to work on statutory holidays, they shall be paid no less than 300% of their wages.
The extension of workers' working hours, rest days and legal holidays beyond the standard working hours all occupy workers' rest time and should be strictly restricted. Paying wages and remuneration higher than the normal working hours is a restrictive measure taken by the state. However, in the above three cases, it is not exactly the same to organize workers' labor. For example, statutory holidays are more important for workers than usual and rest days, and also affect workers' spiritual, cultural and sports life and other social activities, which can not be compensated by compensatory holidays.
Therefore, higher wages should be given. When an employer arranges workers to work overtime under the above circumstances, it shall pay overtime pay in strict accordance with the provisions of the labor law and this law. In any case of overtime, the provisions of the law on this situation shall be implemented. They cannot be confused or replaced. Otherwise, they are all acts in violation of the labor law and this Law and infringe on the rights and interests of workers, and shall bear legal responsibility according to law. According to the provisions of this article, forcing a worker to work overtime in a disguised form shall be regarded as extending the working hours of the worker in violation of the provisions of the labor law. A worker may, in accordance with the relevant provisions of the labor law and this law, require the employing unit to pay back the wages and remuneration for overtime work in order to complete more than a reasonable number of labor quotas.