Heroes, help me take a look! Is it a violation of labor law to not pay 2 times wages on Saturdays an

Article 36 of China's Labor Law stipulates that "the State shall implement a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours. ”

At the same time, Article 41 stipulates: "Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed. ”

In other words, the total working hours per month cannot exceed 228 hours (calculated as 30 days in a month). You work 360 hours a month and you are seriously over the limit.

However, fortunately, China's law stipulates that "if a worker is arranged to work longer hours, he shall be paid a wage remuneration of not less than 150 percent of his wages". In addition, Article 90 stipulates that "if an employer violates the provisions of this Law by extending the working hours of an employee, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine." ”

Overtime on Saturdays and Sundays is generally paid at twice the pay, unless he can arrange for you to take compensatory time off at another time.

From a legal point of view, it is illegal.

Hey, we're all like this, what should we do, do you want to quit?

Illegal.

Overtime on weekends is subject to 200% pay.

Wages shall be paid at the following rates:

1) If the employer arranges for the employee to work longer than the statutory standard working hours in accordance with the law, the employer shall pay the employee wages at a rate not lower than 150% of the employee's hourly wage as stipulated in the labor contract;

2) If the employer arranges for the employee to work on a rest day in accordance with the law, but cannot arrange a compensatory break, the employer shall pay the employee's salary at a rate not lower than 200% of the employee's daily or hourly wage as stipulated in the labor contract;

3) If the employer arranges the employee to work on the statutory holiday day in accordance with the law, the employer shall pay the employee wages at a rate not lower than 300% of the employee's daily or hourly wage standard in the labor contract.

If you cannot arrange compensatory time off, you will need to pay overtime pay.

On rest days, the employer shall first arrange compensatory rest of the same time; If it is really impossible to arrange compensatory leave, overtime wages shall be paid at a rate not less than 200 of the daily wage base or hourly wage base.

The Labor Law stipulates that if an employee is arranged to work longer hours, he shall be paid a wage remuneration of not less than 150% of his wages. If an employee is assigned to work on a rest day and cannot be compensated for a break, he or she shall be paid a wage remuneration of not less than 200% of the wage. If an employee is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300% of the wage.

You need to see what kind of working hour system your unit implements, if it is a standard working hour system, the week is overtime on rest days, and you can either give double pay or give back leave. If it is a comprehensive working hours system, then there is no double overtime pay, only three times the statutory holiday and the usual time, if there is no regular working hours system, there is no overtime pay, and the comprehensive working hours system and the irregular working hours system need to be approved by the labor bureau before it can be implemented.

It is not legal to work overtime on weekends and Sundays without paying double pay, and you can completely skip overtime;

Or you can keep the evidence and then go to labor arbitration to appeal and get back the compensation.

The Labor Law stipulates that if an employee is assigned to work on a rest day and cannot be arranged with a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of the wage.

It can be seen that if the compensatory leave is arranged, the overtime pay can not be paid, but if the compensatory leave is not arranged, double wages should be paid, otherwise it is illegal.

There are many companies that do not pay double wages for overtime work on weekends and Sundays, which is certainly not legal. But it depends on how you sign the agreement with the company. If they told you at the time and you signed it, there might be no way. It can only be resolved through negotiation with the unit.

Now this situation is really too much, unpaid overtime is simply commonplace, the company for the phenomenon of overtime is also commonplace, not only will not give overtime pay, but also to do a good job in the quality of work, otherwise, even if overtime, the leader will criticize you, question your work ability, doubt your work efficiency, now people live under pressure, work pressure, the country should really introduce relevant policies, for the phenomenon of unpaid overtime to give a certain standard, so that the current office workers get some benefits, reduce pressure.

If an employer arranges for an employee to work overtime and pays the employee overtime pay in accordance with the law with the consent of the employee, it is considered lawful. The calculation method of overtime pay on working days: monthly wage, overtime hours, times; How to calculate overtime pay on weekends and weekends:

Monthly wage: 2 times the number of overtime hours; The calculation method of overtime pay on statutory holidays is 3 times the monthly salary and overtime hours. Evidence to prove overtime includes:

Attendance sheets, attendance cards, overtime approval forms, overtime notices, surveillance videos, witness testimony, written records of the work done while working overtime, e-mails, etc.

Calculation of double wages on holidays: statutory holidays: overtime wages = monthly wage base days 300% overtime days.

Rest days: overtime pay = monthly wage base days 200% overtime days. Article 44 of the Labor Law of the People's Republic of China In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours according to the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

Summary. Hello dear, not legal. The calculation for weekend overtime pay is:

Where workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of their wages; If a worker is assigned to work on a rest day and cannot be arranged for a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of his wages. Legal basis: Article 44 of the Labor Law of the People's Republic of China In any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the employee for normal working hours in accordance with the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

Hello dear, not legal. The calculation of weekend overtime wages is as follows: if the employee is arranged to work longer hours, he or she shall be paid a buried wage remuneration of not less than 150% of the wage; If a worker is assigned to work on a rest day and cannot arrange a compensatory rest for a long time, he shall be paid a wage remuneration of not less than 200 percent of his wages.

Legal basis: Article 44 of the Labor Law of the People's Republic of China In any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) If the workers are arranged to work longer hours, they shall be paid wages and remunerations not less than 150% of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a remuneration of not less than 300 percent of the wage.

Thank you. If it is a single-day off system, then it is legal to pay several times the salary for going to work on Saturdays and Sundays.

In the case of a single day off, the overtime pay on the other day off shall be twice the daily wage of the person in question. When calculating overtime wages, the daily wage is converted into a car based on the average number of days per month, and the hourly wage is divided by 8 hours on the basis of the daily wage. Legal basis:

Article 38 of the Labor Law of the People's Republic of China stipulates that employers shall ensure that employees have at least one day off per week.

Okay thank you.

Legal basis: Labor Code

Article 44 In any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid;

(2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid;

(3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

According to the provisions of the Labor Law, if an employee is assigned to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200% of the wage.

According to Article 44 of the Labor Law, the specific standards for the payment of overtime pay are: if the employee is arranged to work longer hours within the standard working day, the employee shall be paid a wage remuneration of not less than 150% of the wage;

If the employee is assigned to work on a rest day and cannot arrange a compensatory break, he or she shall be paid a wage remuneration of not less than 200% of the wage;

If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent.

Extending the working hours of workers beyond the standard working hours and arranging work on rest days and statutory holidays all occupy the rest time of workers and should be strictly restricted.

Depending on what type of job it is, such as security guards, cashiers, waiters, etc., generally use a comprehensive working hours calculation system, and they get the same salary as usual. The normal work system of 5 days off and 2 days off is to get double pay when working on weekends.

The second paragraph of Article 44 of the Labor Law clearly stipulates that "if an employee is assigned to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200% of the wage".

If the employer arranges compensatory leave, there is no need to pay twice the salary.

Yes! Overtime is paid at 200% of normal working hours!

It is calculated at twice the normal wage. Statutory holidays are calculated as tripled.

Hello, according to the provisions of the Labor Law, the state implements a working hour system in which the daily working hours of workers do not exceed 8 hours, the average weekly working hours do not exceed 40 hours, and the monthly overtime hours do not exceed 36 hours. If the employer arranges for the employee to work on weekends, it shall arrange compensatory time off for the employee, and if it is unable to arrange compensatory leave, it shall pay the employee a wage remuneration of not less than 200% of the wage. If the company's working hours are unreasonable, you can file a complaint with the labor inspection brigade of the place where you work.

Legal basis: Article 44 of the Labor Law shall pay the employee a wage remuneration higher than the employee's normal working hours in accordance with any of the following circumstances: (1) if the employee is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.