Whether the base for calculating overtime pay in the new labour law is 20 83 or 21 75 5

First of all, the new labor law, that is, the labor contract law, does not have clear provisions on overtime pay, so I don't know which part you are talking about, about the base of overtime pay, it depends on the hour or day, that is, the average daily wage and the average hourly wage, the calculation method is to divide the average monthly wage by the monthly working hours, but the labor law does not very clearly stipulate the number of working days per month, your new algorithm is actually something after the promulgation of the new national holiday method, and your company's algorithm obviously does not put the national holiday into it. According to the Labor Law and some supplementary provisions promulgated later, national holidays shall be arranged for employees to take leave in accordance with the law, and if they cannot take leave, they will be calculated according to three times the salary, so in your case, I suggest that you go to the labor department for arbitration, and it should be determined that your company has not paid the remuneration for extended working hours in accordance with the law.

1. Your unit's algorithm is correct. In the past, each month was calculated on a daily basis, but now there are different numbers of "system working days" (365-52 2-11 = days used to determine whether working hours are legal) and "system pay days" (365-52 2 = days, used to calculate daily wages and overtime pay). It is reasonable for your unit to calculate overtime pay in days.

2. There are many reports on this aspect, which can be used as a reference.

There are three ways to determine the overtime pay calculation base in the following order:

1. If there is an agreement in the labor contract, it shall be determined according to the wage standard corresponding to the position (position) of the employee as agreed in the labor contract. Where the standard determined in the collective contract (collective wage agreement) is higher than the standard agreed in the labor contract, it shall be determined in accordance with the standard of the collective contract (collective wage agreement).

2. If there is no agreement in the labor contract or collective contract, it can be determined by the employer and the employee representatives through collective wage negotiation, and a collective wage agreement shall be signed as a result of the negotiation.

3. Calculation of overtime wages without any agreement between the employer and the employee: overtime wages for extended working hours per day: (actual working hours 8 hours) 150% of hourly wages.

Overtime pay on statutory public holidays: 200% of the daily wage. Overtime pay on statutory holidays:

300% of the daily wage is paid as standard.

In addition, the daily wage calculation of overtime is calculated according to the calculation base determined by the above principles, divided by the number of days of pay per month; Calculation of hourly wage: daily wage divided by 8 hours.

The number of monthly salary days stipulated in the "Notice on the Conversion of Employees' Average Monthly Working Hours and Wages" [monthly salary days = (365 days - 104 days) December] shall be converted.

Among them, the "daily or hourly wage base" shall first be determined in accordance with the wage standard of the employee as agreed in the labor contract; If there is no stipulation in the labor contract, it shall be determined in accordance with the overtime wage base agreed in the collective contract and the wage standard during the leave period; If there is no stipulation in the labor contract or collective contract, it shall be determined in accordance with the wages due to the worker for normal work. The overtime wage base determined in accordance with the above principles shall not be lower than the minimum wage standard stipulated by the city.

First, the front. Workers shall not work more than eight hours per day and no more than forty-four hours per week on average; Due to the needs of production, the employer may extend the working hours after consultation with the labor union and the workers.

In general, it should not exceed one hour per day. If it is necessary to extend the working hours due to special circumstances, the extended working hours shall not exceed three hours per day under the condition of protecting the worker's own health. However, it shall not exceed thirty-six hours per month. Overtime pay.

The calculation method is as follows: overtime pay on holidays = the calculation base of overtime wages multiplied by 300%, and overtime wages on rest days = overtime wages multiplied by 200%.

2. Analyze the details.

If a unit arranges overtime for an employee on a holiday, it shall pay overtime wages at a rate not less than 300% of the employee's daily or hourly wage. If the employer arranges for the employee to work overtime on the rest day, it may arrange compensatory rest for the employee without paying overtime wages, and if no compensatory rest is given, it shall pay overtime wages at a rate not less than 200% of the employee's daily or hourly wage. The base for calculating overtime wages is not necessarily the full wage of the person who is arguing with the worker.

When determining the calculation base of overtime wages, the labor contract.

If there is an agreement on wages, it shall be determined according to the wage standard corresponding to the position of the employee as agreed in the labor contract. If there is no stipulation in the labor contract, the employer and the employee representative may negotiate collectively in the collective contract.

Medium-clear. If there is no agreement between the employer and the employee, it shall be determined at 70% of the employee's regular monthly salary for attendance.

3. What does overtime pay mean?

Overtime pay refers to the remuneration received by the employee for continuing to produce labor beyond the prescribed working hours in accordance with the needs of the employer's production and work. Workers who work overtime, work longer hours, and increase the amount of work they work should be paid reasonably.

Illegal. Article 44 of the Labor Law stipulates that under any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the employee's normal working hours in accordance with the following standards: (1) If the employee is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150 percent 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.

Article 36 of the Labor Law of the People's Republic of China The State implements 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. Article 44 of the Labor Law of the People's Republic of China under 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 of 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 arranged to work on a statutory holiday, a wage remuneration of not less than 300 percent of the wage shall be paid.

Summary. For example, if an employee Wu's monthly salary is 960 yuan, and according to the current national system, the working days are days, then his hourly wage is calculated as 960 yuan, so Wu's usual hourly overtime salary is yuan; And his overtime pay for each hour on his rest day is yuan; The overtime wage for each hour on statutory holidays is RMB.

Overtime is divided by the base salary or the total amount due.

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For example, Huai Sui said that there is an employee Wu's monthly salary of 960 yuan, and according to the current national system, the working day is a day, so his hourly wage calculation method is 960 yuan, so Wu's usual hourly overtime salary is yuan; And his overtime pay for each hour on his rest day is yuan; The overtime wage for each hour on statutory holidays is RMB.

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1. If the labor contract clearly stipulates the amount of wages, the wages agreed in the labor contract shall be used as the basis for calculating overtime pay. It should be noted that if the wage items in the labor contract are divided into "basic salary", "post salary", "post salary", etc., overtime pay shall be calculated and paid based on the sum of various wages, and cannot be calculated based on "basic salary", "post salary" or "post salary". 2. If the amount of wages is clearly stipulated in the labor contract, or the contract is not clear, the actual salary shall be used as the basis for calculating overtime pay.

All wages, bonuses, allowances, and subsidies paid directly by the employer to employees are actual wages, including several components of the "total salary" stipulated by Lao Dou in the Interpretation of Several Specific Scopes of the Provisions on the Composition of Total Wages issued by the National Bureau of Statistics. However, it should be noted that when the actual wage can be used as the basis for calculating overtime pay, overtime pay, food allowance and labor protection subsidy should be deducted and cannot be included in the calculation scope. 3. When determining the average daily wage and average hourly wage of employees, the monthly working hours shall be converted in days and hours in accordance with the provisions of the Notice of the Ministry of Labor and Social Security on Issues Concerning the Conversion of Employees' Average Monthly Working Hours and Wages.

4. If piece-rate wages are implemented, the unit price of piece-rate within the statutory time shall be used as the basis for calculating overtime pay. 5. If the calculation base of overtime pay is lower than the local minimum wage standard of the current year, the daily and hourly minimum wage standards shall be used as the base. As for the calculation standard of overtime wages, in fact, the state has uniform regulations.

When an employer needs to pay overtime wages, it cannot at least pay it according to the standards set by the state. In this case, considering that overtime is arranged in different time periods, the calculation standard of overtime wages stipulated is also somewhat different, and if overtime is arranged on statutory holidays, it is generally paid 3 times the overtime wage.

The basis for calculating overtime pay under the labor law is the average daily wage, daily wage: monthly wage income and monthly wage days.

Under any of the following circumstances, the employer shall pay the employee a wage higher than the employee's normal working hour wage 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.

1. Legal consequences of wage arrears:

1. The employee can terminate the contract.

According to Article 38 of the Labor Contract Law, if the employer fails to pay the employee in full and in a timely manner, the employee may terminate the labor contract.

2. Pay compensation.

According to Article 85 of the Labor Contract Law, if an employer fails to pay the employee's remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the labor administrative department shall order the employer to pay the remuneration within a time limit. If the employer pays the employee's wages lower than the local minimum wage standard, it shall pay the difference in the period; If the employer fails to pay within the time limit, the employer shall be ordered to pay compensation to the employee at the rate of more than 50% and less than 100% of the amount payable.

2. What should I do if I am in arrears of wages?

1. Report to the labor administrative department (usually the labor management and inspection team).

2. You can also directly apply for arbitration (the arbitration fee is 200-300 yuan, and if you win, all will be borne by the company).

3. If you are not satisfied with the arbitration result, you can file a lawsuit in the court within 15 days after Zhaoshu Bi gets the arbitration book.