In less than a month, it will be the Spring Festival holiday that everyone is thinking about. Although the Spring Festival is a legal holiday in China, there are problems related to the nature of work. Even in the Spring Festival, many people still have to stick to their jobs. For those who need to work overtime during the Spring Festival, the overtime salary on the Spring Festival holiday must be the most concerned issue, The editor of this article will tell you which three days of the Spring Festival are overtime? How to calculate the overtime salary during the Spring Festival?
Which three days of 2019 Spring Festival is overtime? How about 2019 Spring Festival overtime salary
Which three days of 2019 Spring Festival is overtime? How about 2019 Spring Festival overtime salary
7 days from February 4 (New Year's Eve) to February 10, 2019. Work on Monday, February 11, 2019.
In the Spring Festival of 2019, overtime on February 5, 6 and 7 is three times the salary, twice the salary for the other four days, and twice the salary on New Year's Eve!
300% for legal holidays and 200% for weekends. But this is only the proportion stipulated by the state. The key to the payment of overtime is the wage base.
Triple daily wage = calculation base of overtime wage & pile; 21.75 x 300%。
Double daily wage = calculation base of overtime wage & pile; 21.75 x 200%。
Hourly overtime wage = daily overtime wage & pide; 8。
Taking the basic salary as the base and 21.75 as the average number of paid days per month, calculated according to the standard working hours of 8 hours per day, the general overtime pay is not less than 200% of the average salary, the delayed overtime is not less than 150% of the average salary, and the overtime on legal holidays is not less than 300% of the average salary.
for instance:
Take [basic salary] 1000 yuan and overtime for 24 hours as an example. If it is 24-hour overtime at ordinary times:
Then overtime pay = 1000 / 21.75 & times; 24/8× 2 = 275.86 yuan
In case of 24-hour delayed overtime, overtime pay = 1000 / 21.75 & times; 24/8× 1.5 = 206.9 yuan
If it is a 24-hour legal holiday overtime, the overtime pay = 1000 / 21.75 & times; 24/8× 3 = 413.79 yuan
Note: the overtime salary here is calculated according to the basic salary.
What about being forced to work overtime during the Spring Festival?
The labor contract law stipulates that the employing unit shall strictly implement the labor quota standard and shall not force or force workers to work overtime in a disguised form. If the employing unit arranges overtime, it shall pay overtime pay to the workers in accordance with the relevant provisions of the state.
The labor law also stipulates that due to the needs of production and operation, the employer can extend the working hours after consultation with the trade union and workers, generally no more than one hour a day; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours a day, but not more than 36 hours a month under the condition of ensuring the health of workers. If an employing unit, in violation of the provisions of this law, extends the working hours of workers, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine. Therefore, workers can report to the local Labor Supervision Brigade. Of course, if the unit does not pay overtime wages, it can file a labor arbitration.