Compensation for overtime and dismissal on New Year s Day

Triple the normal wage!

Multiply the day's salary by three.

There will be no compensation for resignation!

Compensation for dismissal for non-overtime. Severance is generally calculated according to the length of time the employee has worked for the employer, and the standard is one month's salary for each year of work. Compensation for less than one year and half a year will be paid for one month; If it is less than six months, half a month's salary shall be compensated.

3. How long the salary of the redundant is compensated.

If the parties to the labor contract have reached a consensus through consultation, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service in the labor contract, and shall not exceed 12 months. If the working time is less than one year, the severance shall be paid at the rate of one year. In the case of compensation for layoffs, the wages shall be paid to the employee at the rate of one month's salary for each full year of the employee's service in the employer.

where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the employee shall be paid half a month's salary as economic compensation.

Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average salary of the employee, and the maximum number of years for which severance shall be paid shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

After the employee is dismissed by the employer, he can also claim overtime pay in accordance with the law, so overtime pay and resignation are also two different things, and after there is evidence to prove the overtime work within one year after resignation, the employee can claim the corresponding overtime pay from the employer, and when the employer does not pay the overtime pay, it can also protect its rights through legal channels such as labor arbitration or litigation.

1. Can I compensate for overtime pay if I am dismissed by the company?

After the employee leaves the company, as long as the request is made within one year and there is evidence of overtime, the employee can apply for labor arbitration to request the employer to pay the overtime pay.

Evidence to prove overtime hours mainly includes: attendance sheets, timecards, overtime approval forms, overtime notices, surveillance videos, witness testimony, written records of the work done during overtime, e-mails, etc.

The calculation of overtime pay on a working day is as follows: 8 times the number of overtime hours per month;

Calculation method of overtime pay on weekends and weekends: monthly salary 8 times the number of overtime hours;

The calculation method of overtime pay on statutory holidays is as follows: 8 times the monthly salary and 3 times the number of overtime hours.

Second, specific standards

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. However, in the above three circumstances, the organization of labor is not exactly the same, for example, the statutory holiday day has a more important meaning for the worker than the usual rest day, and also affects the spiritual and cultural life and other social activities of the worker, which cannot be compensated by the method of compensatory rest, therefore, the brigade should be given a higher wage remuneration. When an employer arranges an employee to work overtime under the above circumstances, it shall pay overtime pay in strict accordance with the provisions of the Labor Law and this Law.

In any case, the provisions of the law on this situation shall be implemented, and they shall not be confused with each other or replaced, otherwise they are all violations of the Labor Law and this Law, and they are all violations of the rights and interests of workers, and they shall bear legal responsibility in accordance with the law.

When the worker works overtime during the working period, he can also claim the corresponding overtime pay according to the law, and the overtime pay will also be calculated according to the overtime hours and overtime hours, because the overtime work is also generated before the employee is dismissed, so even after the overtime is dismissed by the employer, the overtime pay can be claimed.