How to arrange the National Day holiday? How to calculate overtime pay?

The National Day holiday is a longer holiday in addition to the Spring Festival holiday, so how is the National Day holiday arranged? In order to earn more profits, many factories and enterprises require workers to work overtime during the National Day, so how to calculate the overtime wages during the National Day? The following article is introduced, welcome to read it!

1. Let's talk about how the National Day holiday is arranged?

The 2021 National Day holiday arrangement is: October 1 to October 7, a total of 7 days. October 8 (Saturday) and Sunday, October 9 (Sunday) to work.

2. How to calculate the overtime salary on the National Day?

Formula for calculating overtime pay on holidays].

Holiday overtime pay = the calculation base of overtime pay

[Formula for calculating overtime wages on public holidays].

Overtime pay on public holidays = calculation base of overtime pay

According to the holiday regulations, the National Day is from October 1 to October 7, a total of 7 days off. Of these 7 days, only the first three days are statutory holidays, and the last four days are weekends and weekends. Therefore, if an employee goes to work on the first three statutory holidays, the employer shall pay overtime wages at 300% of the daily wage, and this amount shall not be offset by compensatory leave.

From October 4 to 7, if an employer arranges an employee to work overtime, it may choose to arrange compensatory rest or pay the employee overtime at a rate not less than 200% of the employee's daily wage.

[Special Instructions].

The basis for calculating overtime wages shall not be lower than the wages and remuneration due to the position in which the worker is employed. If it is lower than the city's minimum wage standard, the city's new minimum wage standard will be used as the base.

Statutory holidays: overtime wages shall be paid separately at no less than 300% of the average daily wage or hourly wage of the previous month by the employee Formula for calculating overtime wages on holidays: overtime wages on holidays = the calculation base of overtime wages Public holidays:

Overtime wages shall be paid at a rate not less than 200% of the employee's average daily or hourly wage for the previous month.

Legal analysis: overtime wages on National Day: triple wages from October 1st to 3rd, and double wages from October 4th to 8th.

The law stipulates that: 1) If a worker is arranged to work longer hours, he shall be paid a wage remuneration of not less than 150% of his wages;

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.

Legal basis: Labor Law of the People's Republic of China

Article 36 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 37 For workers who work on a piece-rate basis, the employer shall, in accordance with the working hours system provided for in Article 36 of this Law, reasonably determine the quota for labor reserves and the remuneration standard for the work of the worker.

Article 38 The employer shall ensure that the worker has at least one day off per week.

Article 41 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, under the condition of ensuring the health of the workers.

Legal Analysis: If an employer arranges an employee on the National Day, the overtime wage payable shall not be less than three times of the employee's normal wage. The Labor Law clearly stipulates that if an employer arranges an employee to work overtime, it shall pay overtime wages not less than 1.5 times the normal wage, if it arranges overtime work on rest days without compensatory breaks, it shall pay overtime wages not less than twice the normal wage, and if it arranges overtime work on statutory holidays, it shall pay ICBC the overtime wages that are not less than three times the normal wage.

Legal basis: Labor Law of the People's Republic of China

Article 36 The State implements a system of working hours in which the daily working hours of laborers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Article 37 The employer shall reasonably determine the labor quota and piece-rate remuneration standards for laborers who work on a piece-rate basis in accordance with the working hours system provided for in Article 36 of this Law.

Article 38 The employer shall ensure that the worker has at least one day off per week.

Article 41 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.

During the holiday period, October 1st, 2nd, and 3rd are statutory holidays. If the employer arranges the employee to work from October 1 to 3, the employer shall pay the employee wages at a rate not lower than 300% of the employee's daily or hourly wage as stipulated in the labor contract.

Labor Law of the People's Republic of China

Article 44.

In any of the following circumstances, the employer shall pay the employee a wage higher than the employee's normal working hour wage 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 day of leave and cannot arrange compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid;

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.

If you work overtime on holidays, you should get 3 times the salary of DongchunAccording to the regulations, if an employer arranges an employee to work overtime during holidays, it shall pay overtime wages at a rate not less than 300% of the employee's daily or hourly wage, and shall not substitute it with compensatory leave, etc.; If an employer arranges an employee to work overtime during the rest period, it may pay the employee compensatory rest without paying overtime wages, and if it does not provide compensatory leave, it shall pay overtime wages at a rate not less than 200% of the employee's daily or hourly wage.

Distinguish between holiday pay and overtime payFestival pay and overtime pay are different in nature and cannot be substituted for each other. Overtime pay is a financial compensation for the employee's rest time, and although the holiday pay is also a part of the salary, it is of a welfare nature and does not require the employee to provide additional work. In addition, since overtime refers to the extended working hours of the employer after consultation with the labor union and the employee due to the needs of production and operation, the employer arranges the employee to be on duty as needed during the holiday period, which cannot be regarded as overtime.

How much overtime pay is there for 7 days of National Day? Taking Nanjing as an example, the monthly minimum wage standard in Nanjing is 1,480 yuan, and the minimum daily wage is about 1,000 yuan. In this way, if you work overtime in the first three days of the National Day, you will have at least one yuan of overtime pay per day, and at least one yuan of overtime pay every day for the next four days.

If you work 7 days of overtime and do not take compensatory leave, you can at least get yuan, which is equivalent to 17 days' wages.