Can overtime pay be replaced by compensatory leave?

This is stipulated in the labor law. Working days: pay double wages; 9 Saturdays and Sundays:

Compensatory leave or 2 times the salary; Statutory holidays: 3 times the salary. 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:

5 k$ h"f b t v% k3 (8 h (1) If a worker is arranged to work longer hours, he shall be paid a wage remuneration of not less than 150% of the wage; 5 j3 a% w& v5 n; e* o7 t3 y6 r: ]p- z( p"v r x4 c l (2) If the worker is assigned to work on a rest day and cannot arrange compensatory leave, the wage remuneration shall not be less than 200% of the wage; : c2 t) n:

i. b; z6 r* {2 z4 y7 n, q# s, i!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.

In the case of overtime work during normal hours and weekends, the corresponding time off can be given without overtime pay, but overtime work on national holidays can only be paid overtime wages and cannot be paid without overtime wages by means of compensatory leave.

Is it reasonable for the company to recruit more people to replace overtime with compensatory leave? The company originally had more than 100 operators, and now there are 30 more recruits, and now the company can save 20,000 yuan per month overtime pay If it is reasonable, then all companies can do this.

Because of their own production and operation characteristics, many companies often like to use the way of compensatory leave to avoid paying double overtime pay on weekends! So can you feel free to use the compensatory leave? How to determine whether the company's compensatory leave is legal?

According to the provisions of the Labor Law and supporting regulations, on statutory holidays, the employer shall pay the employee who works overtime during this period not less than 300% of the employee's daily or hourly wage, and shall not substitute it with compensatory leave.

Article 44 of the Labor Law.

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 wages shall be paid;

2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, 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.

Provisions on overtime on statutory holidays.

According to the "Measures for National Festivals and Memorial Day Holidays" (Order No. 270) issued by the People's Republic of China, there are three types of statutory holidays in China. The first category is the holidays (statutory) for all citizens, including: New Year (1 day off on January 1), Spring Festival (Chinese New Year's Eve, and the beginning of the first month).

1. 3 days off on the second day of the Lunar New Year), Labor Day (1 day off on May 1), National Day (3 days off on October 1, 2 and 3), Qingming Festival (1 day off), Dragon Boat Festival (1 day off) and Mid-Autumn Festival (1 day off).

If the employer arranges overtime work on statutory holidays, it shall pay the overtime wages at a rate not less than 300% of the employee's daily or hourly wages on the basis of the normal payment of the employee's wages. That is to say, on October 1st, 2nd, and 3rd, overtime pay will be implemented according to the standard of 3 times, and at the same time, due to the overlap of statutory holidays on the 3rd, the Mid-Autumn Festival holiday will be adjusted to 6 days, so the 6th should be regarded as a statutory holiday, and the overtime salary will be calculated at 3 times. Statutory holiday pay calculation.

1. For the standard working hours system, due to the needs of production and operation, after consultation with the labor union and the workers, the working hours shall not exceed 1 hour per day, the extended working hours shall not exceed 3 hours per day for special reasons, and the extended working hours shall not exceed 36 hours per month.

If the employee is arranged to work longer hours, he shall be paid a wage remuneration of not less than 150% of the wage, and the overtime shall not be handled by arranging compensatory leave in the future; If the employee is scheduled to work on a rest day, the employer has the right to replace it with a compensatory leave, and if it cannot arrange a compensatory leave, it shall pay a wage remuneration of not less than 200% of the wage; If an employee is assigned to work on a statutory holiday, the overtime cannot be handled with the compensatory leave arranged later, and the employee shall be paid a wage remuneration of not less than 300% of the wage.

2. For an employer based on the comprehensive calculation of working hours, if the total working hours in the comprehensive calculation of working hours exceed the approved standard hours, it is considered overtime and cannot be treated as compensatory leave, and shall be paid a wage remuneration of not less than 150% of the salary; If the work is done on statutory holidays, it is counted as overtime, and the overtime cannot be handled by arranging compensatory leave in the future, and the salary remuneration shall not be less than 300% of the salary.

3. The extended working hours of workers who have been approved to implement the system of irregular working hours shall not be subject to the restrictions on the standard of daily extended working hours and the standard of monthly extended working hours stipulated in Article 41 of the Labor Law. In general, there is no overtime work for employees who work irregular hours except for statutory holidays. Those who work on statutory holidays shall be in accordance with local regulations.

If the local government stipulates that overtime wages should be paid, the salary remuneration shall not be less than 300% of the salary, and it cannot be handled by arranging compensatory leave in the future.

1. Can the unit arrange overtime at will?

Overtime refers to a system where, due to the needs of production and operation, the employer arranges the employee to work outside the statutory working hours in accordance with the relevant provisions of the Labor Law through consultation with the labor union and the employee, and pays the employee's wages and remuneration during the extended working hours in accordance with the relevant standards prescribed by law. Since overtime occupies the rest time that originally belonged to the employee, in order to ensure the employee's right to rest, overtime should be based on the consensus between the employer and the employee, and the employer shall not force the employee to work overtime against the employee's will, and the employee shall not have the right to unilaterally decide to work overtime without the consent of the employer.

If an employer needs to work overtime due to production or operation, it shall reach an agreement with the employee through consultation, and the extension of working hours shall not exceed Article 41 of the Labor Law: "Generally, it shall not exceed one hour per day; Where it is necessary to extend working hours due to special reasons, the extended working hours shall not exceed 3 hours per day, but shall not exceed 36 hours per month, provided that the health of the worker is guaranteed". After the employee works overtime, the employer must pay the employee overtime wages not less than 150%-300% of the wage standard for normal working hours in accordance with the provisions of Article 44 of the Labor Law.

When employees are scheduled to work on rest days, the enterprise may first arrange compensatory time off. If overtime is carried out on statutory holidays, no compensatory leave can be arranged, and the unit must pay overtime wages according to 300% of the daily wage base.

Legal basis

Article 44 of the Labor Law stipulates that under any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the employee for normal working hours according to the following standards:

1) Where workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 100 percent of wages and 50 percent of 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 wages of the worker;

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.

Holidays cannot be substituted for overtime pay. Overtime on statutory holidays is not applicable to compensatory leave, but should be paid based on the standard of three times the salary (not less than the daily or hourly wage standard of the employee as stipulated in the labor contract), and only overtime on weekends can be compensated.

Legal basis

Article 13 of the Interim Regulations on the Payment of Wages.

If the employer arranges the employee to work outside the statutory standard working hours according to the actual needs after the employee has completed the labor quota or prescribed work tasks, it shall pay the wages according to the following standards:

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 worker to work on a rest day in accordance with the law, but cannot arrange compensatory leave, the employer shall pay the employee wages 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 for the employee to work on statutory holidays and holidays in accordance with the law, the employer shall pay the employee's wages at a rate not lower than 300% of the employee's daily or hourly wage consumption standard stipulated in the labor contract.

Legal analysis: legal, that is, employees who work overtime on weekends on weekdays can replace overtime pay with compensatory leave. However, if the overtime is extended on a normal working day, the labor law does not stipulate that priority can be given to arranging compensatory leave, and accordingly, overtime on a working day cannot be replaced by compensatory leave, and the company needs to pay employees double wages if they arrange overtime on working days.

Specifically, whether it is okay to only compensate for leave without overtime pay is determined in the following situations:

1. If the working hours are extended on normal working days and overtime, the wage remuneration shall not be less than 150% of the salary. The overtime hours cannot be treated as compensatory leave, and only the corresponding wages and remuneration can be paid.

2. If overtime work is arranged on weekends, the employer may arrange compensatory leave instead. However, if the employer is unable to arrange compensatory leave, it shall pay no less than 200% of the salary.

3. In case of overtime work on statutory holidays, the employer shall pay a salary of not less than 300 yuan of the salary even if the employee is arranged to take a leave of work during the overtime period.

Therefore, that is to say, if overtime is arranged on normal working days and statutory holidays, regardless of whether there is a compensatory holiday, the unit must pay overtime pay according to the regulations, and the overtime pay must be paid according to the standard.

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 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.