Sihai network

How to calculate overtime wage during the Spring Festival

How to calculate overtime wage during the Spring Festival

4hw.com.cn: the Spring Festival of 2018 is coming. Many people think that the Spring Festival period is a legal holiday. According to the regulations, the overtime wage on legal holidays is three times of that on a daily basis. If you think so, you are wrong. The overtime wage during the Spring Festival of 2018 is not so calculated, because the new year's Eve is not a legal holiday, so it can't be calculated according to the three times wage standard. Let's take a look at it How about overtime pay during the Spring Festival.

The new year's Eve (February 15) in 2018 is not a legal holiday. From the first day (16th) to the third day (18th) of the first month of the first month, the enterprise needs to pay three times of the daily wage. For overtime work on February 15, 19, 20 and 21, the enterprises implementing the standard working hour system can choose to give compensatory leave or pay double daily wage.

Why there is no triple wage for overtime work on New Year's Eve? Shanghai Municipal Bureau of human resources and social security explained that on December 11, 2013, the State Council revised the measures for national holidays and anniversaries for the third time, explicitly changing the second item of Article 2 to '(II) Spring Festival and three-day holidays (the first, second and third day of the first month of the lunar calendar). Effective as of January 1, 2014. Therefore, new year's Eve is not a legal holiday.

According to the notice of the general office of the State Council on the arrangement of some holidays in 2018, during the Spring Festival in 2018, there will be 7 days off from February 15 to 21. Work on February 11 (Sunday) and February 24 (Saturday).

Shanghai Municipal Bureau of human resources and social security reminded that 21.75 days is the average number of days per month. Since April 1, 2017, the minimum wage standard in Shanghai is 2300 yuan, and the calculation base of overtime wage and holiday wage shall not be lower than the minimum wage standard stipulated by Shanghai.

Appendix: calculation method of overtime wage in the Spring Festival of 2018:

1.21.75 days is the average number of paid days per month.

2. The calculation base of overtime wage is the normal monthly attendance wage corresponding to the position of the worker, excluding the salary paid under special circumstances such as year-end bonus, transportation allowance for going to and from work, working meal allowance, housing allowance, middle and night shift allowance, summer high temperature allowance, overtime wage, etc. The details shall be determined according to the following principles:

(1) if there is a clear agreement on the monthly wage of the laborer in the labor contract, it shall be determined according to the monthly wage corresponding to the position of the laborer in the labor contract; if the actual performance is inconsistent with the agreement in the labor contract, it shall be determined according to the monthly wage corresponding to the position of the laborer in the actual performance.

(2) if the labor contract does not clearly stipulate the monthly wage of the worker, and the collective contract (wage special collective contract) has an agreement on the monthly wage corresponding to the post, it shall be determined according to the monthly wage corresponding to the post of the worker stipulated in the collective contract (wage special collective contract).

(3) if there is no agreement in the labor contract or collective contract (special collective contract for wages) on the monthly wages of the workers, 70% of the normal monthly wages (including bonus, allowance and subsidy) of the workers shall be determined.

The calculation base of overtime wage and holiday wage shall not be lower than the minimum wage standard prescribed by Shanghai Municipality.