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What is the overtime wage standard during the Spring Festival

During the Spring Festival holiday, due to professional reasons, many people still have to work in the front line. How about the overtime pay during the Spring Festival? Can we take a rest? Let's see the following report.

The reporter learned from the Bureau of human resources and social security that, according to the notice of the general office of the State Council on the arrangement of some holidays in 2018, the Spring Festival of 2018 will take a 7-day holiday from February 15 to 21. Work on February 11 (Sunday) and February 24 (Saturday). Therefore, the Spring Festival has 7 days off, of which the statutory holidays are only three days, namely February 16, 17 and 18.

So, in the Spring Festival holiday, what is the overtime wage for the three legal holidays?

According to the provisions of Article 44 of the labor law of the people's Republic of China that "if a worker is arranged to work on a statutory holiday, he / she shall be paid not less than 300% of his / her salary", if he / she works overtime on a statutory holiday, he / she shall be paid 4 times of his / her salary. Among them, one is the employee's normal salary on that day (the legal holiday is the salary day), and the other three are overtime wages on the legal holiday, i.e. calculated and paid according to '3 + 1'.

Can you take 7 days off for Spring Festival?

According to Article 40 of the labor law, the employer shall arrange workers' holidays according to law during the following festivals. This article clearly states that the employer shall, i.e. it is necessary. Therefore, the law of our country clearly stipulates that the statutory holidays cannot be changed, while according to Article 44 of the labor law, the employer shall pay no less than 200% of the salary if it can not arrange workers' work on the rest days Wage remuneration 'stipulates that the rest day needs to pay double wage remuneration on the premise of no compensatory leave. Therefore, the three days of February 16, 17 and 18 of the Spring Festival holiday in 2018 are legal holidays, which can't be taken on alternate basis, while February 15, 19, 20 and 21 are rest days, which can be taken on alternate basis.

According to reports, when calculating overtime wages, the daily wage is converted according to the average monthly working time of 21.75 days, and the hourly wage is divided by 8 hours on the basis of the daily wage. That is to say, the calculation method of daily overtime wage during the long Spring Festival holiday is: overtime wage on holidays (a) = monthly wage income & pide; 21.75 & times; 300%; overtime wage on rest days (b) = monthly wage income & pide; 21.75 & times; 200%. Therefore, during the Spring Festival, if the employer does not arrange the rest day, the overtime wage will be 3A + 4B for 7 days of long leave.

During the Spring Festival, all the employees work overtime and the employer does not take the rest day off, how much overtime wage can they get?

According to the current minimum wage standard of 1800 yuan / month implemented by our city from December 1, 2017, the minimum overtime wage of this employee is: 3 (1800 & pide; 21.75 & times; 300%) + 4 (1800 & pide; 21.75 & times; 200%) = 1407 yuan.