Ask a lawyer friend to ask about overtime pay for security guards

The calculation method of overtime pay on working days: monthly wage, overtime hours, times;

Calculation method of overtime pay on weekends and weekends: 2 times the number of overtime hours of monthly wages;

The calculation method of overtime pay on statutory holidays is 3 times the monthly salary and overtime hours.

1. Article 44 of the Labor Law 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) If a worker is assigned to work on a rest day and cannot arrange a compensatory holiday, he shall be paid a wage remuneration of not less than 200% of the wage.

3) 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 of his wages.

Notice on Issues Concerning the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year

2. Conversion of daily and hourly wages.

In accordance with Article 51 of the Labor Law, employers shall pay wages on statutory holidays in accordance with the law, i.e., the 11 statutory holidays stipulated by the state shall not be excluded when converting daily wages and hourly wages. Accordingly, the daily wage and hourly wage are converted as:

Daily Wage: Monthly Wage Income Number of Monthly Salary Days.

Hourly wage: monthly salary income (8 hours of paid days per month).

Monthly payroll days (365 days-104 days) 12 days.

If you can prove that you worked overtime, prove your overtime hours, you can ask for overtime. The minimum wage standard in this city is mandatory, and you can ask him. Generally, more than 40 hours a week can be asked for double wages.

This must be combined with the working hours agreed in the labor contract signed between you and the employer, generally 40 hours a week, and you only need to prove that you work overtime for more than 40 hours. It is 150% of the regular hourly wage on weekdays, 200% on weekends, and 300% on holidays, provided that you show evidence such as your overtime attendance records to prove that you worked overtime.

If the company does not pay overtime pay after overtime, the employee can claim overtime pay through the following methods: apply to the mediation and elimination organization for mediation; Complain to the labor administrative department about the socks bridge car; Apply to the Labor Dispute Arbitration Commission for arbitration; request a payment order from the people's court; Other. Due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, and generally shall not exceed one hour per day.

Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay the employee within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations. Article 77 of the Labor Law of the People's Republic of China In the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law.

After reasonably deducting the time for sleep and rest, where the standard working hours are exceeded, wages and remuneration shall be paid according to the extended working hours.

Zhejiang Provincial High People's Court First Civil Division.

Answers to Several Difficult Questions Concerning the Trial of Labor Dispute Cases (8. How to grasp the fact of overtime work for workers in special positions such as security guards, doormen, and warehouse keepers who claim overtime wages?)

The nature of the work is special for the security guards, communication room doormen, warehouse keepers and other personnel who eat and live in the unit 24 hours a day. If it is not possible to sleep and rest due to the needs of work and the requirements of the unit, it shall be deemed to be working hours; If accommodation or rest facilities are provided in the work site at the same time, the time for sleep and rest shall be reasonably deducted, that is, the time outside the normal work time of the employee shall not be counted as working time, and the employer shall pay overtime wages to those who work beyond the standard working hours. In trial practice, the following factors may be comprehensively considered:

Whether the employer has applied to the labor administrative department for the approval of the comprehensive calculation of working hours and irregular working hours (attention should be paid to the validity period of the examination and approval and the number of people who have been approved by the employer); whether the employer has provided the necessary rest facilities for the workers in the workplace; The requirements for the specific work content and work intensity of the employee in the work system or rules and regulations of the employer (to determine whether the employee's work in accordance with the system will result in the fact that the employee will not be able to rest); The number of people on duty arranged by the employer (i.e., considering whether the employee has the possibility of taking turns to rest at the same time).

Whether the overtime work is calculated during the doorman's duty shall be handled according to the following principles: 1. If the doorman cannot sleep and rest, it shall be recognized as working hours, and the part exceeding the statutory working hours shall be counted as overtime; 3. If accommodation or rest facilities are provided in the workplace at the same time, the time for sleep and rest shall be reasonably deducted, that is, the time outside the normal work of the employee shall not be counted as working time, and the employer shall pay overtime wages for those who work beyond the standard working hours.

Legal basis: Article 7 of the Regulations for the Implementation of the Labor Contract Law.