In some special industries, some people can't rest during May Day, so overtime on May day will be paid three times. How to calculate the overtime pay for other time during May Day?
On the 29th, Xicheng court reminded workers that compensatory leave cannot replace overtime pay on statutory holidays, and the comprehensive working hours system and irregular working hours need to be approved before implementation.
There are three kinds of working hour system in our country: standard working hour system, comprehensive working hour system and irregular working hour system. In addition to the standard working hour system, the other two working hour systems can only be implemented after the approval of the labor administrative department.
At present, there are three kinds of common overtime situations, which are also the overtime situations stipulated by our country's Law: delayed overtime (usually on working days), overtime on rest days (usually on weekends) and overtime on legal holidays (usually on May Day, national day and other legal holidays).
According to the regulations, under any of the following circumstances, the employing unit shall pay the wages higher than the normal working hours of the workers according to the following standards: if the workers are arranged to extend their working hours, the wages shall be no less than 150% of the wages; If a worker is arranged to work on a rest day, but no compensatory leave can be arranged, he shall be paid not less than 200% of his salary; if a worker is arranged to work on a statutory holiday, he shall be paid not less than 300% of his salary.
It's easy to understand that if you work more than 8 hours a day, some workers who work more than 8 hours a day can claim overtime pay. But how to claim overtime pay for working overtime on rest days and statutory holidays? Is it feasible for some units to make up for their employees by taking compensatory leave?
The judge pointed out that in the daily work, employers will arrange workers to work overtime, on rest days or on statutory holidays, and then give them compensatory leave. Workers generally think that since the unit has arranged the compensatory leave and they have taken the rest, they will no longer consider whether the compensatory leave is legal and whether their rights have been effectively protected. However, according to the law of our country, among the three types of overtime work, it is clearly stipulated that overtime work on rest days can be carried out. If, a laborer is in legal holiday day undertake overtime, unit of choose and employ persons still needs to pay the overtime salary of legal holiday day, cannot replace with compensatory leave, compensatory leave.
Therefore, as long as you work overtime on May Day, you must get three times your overtime pay, and never compromise on compensatory leave or compensatory leave.