Is it legal to count overtime pay in this way Is overtime pay legal to be counted as basic salary

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 all wages, and "basic salary", "post salary" or "post salary" shall not be used as the calculation base.

2. If the labor contract does not clearly stipulate the amount of wages, or if the contract is not clear, the actual salary shall be used as the calculation base. All wages, bonuses, allowances, subsidies, etc., paid directly by the employer to employees are actual wages, including several components of the "total salary" stipulated in the Interpretation of the National Bureau of Statistics on Several Specific Scopes of the Provisions on the Composition of Total Wages. 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 by 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.

Therefore, your overtime pay should be calculated based on the total income earned for the month. Of course, if you are really serious, you can file an arbitration application with the labor arbitration department and report to the labor administrative department, which should order the payment within a time limit, and if it is not paid after the deadline, the enterprise should impose 50% to 100% of the due income compensation.

Article 31 of the Labor Contract Law stipulates that if an employer arranges overtime work, it shall pay overtime pay to the employee in accordance with the relevant provisions of the state.

Article 14 of the Beijing Municipal Regulations on Payment of Wages stipulates that if an employer arranges an employee to work outside the standard working hours in accordance with the law, it shall pay the employee overtime wages according to the following standards:

1) If the working hours are extended beyond the standard working hours of the day, overtime wages shall be paid at a rate not less than 150 of the hourly wage base;

2) If the work is on a rest day, a compensatory leave of the same time shall be arranged, and if the compensatory rest cannot be arranged, overtime wages shall be paid at a rate not less than 200 of the daily or hourly wage base;

3) Those who work on statutory holidays shall be paid overtime wages at a rate not less than 300 per day or hourly wage.

If it doesn't work, go to the relevant department to report it.

In fact, the practice of the unit must violate the labor law, and you have to move the labor law to the unit for evaluation, as long as one is enough

Article 20 of the Labor Contract Law implemented in 2008 The salary of an employee during the probationary period shall not be lower than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

At the end of the probationary period, overtime pay must be calculated based on the salary of the formal employment contract.

The overtime pay stipulated by the labor law is double the usual wage, and the holiday is twice as much.

Is your company privately owned or public? If it's a public one, you can ask them to get your legal salary back, but if it's a private company, then only someone planted it, there is no way, and it won't win, and it is time-consuming and laborious.

Personally, I think you should have a good communication with the company on this issue, maybe their personnel administration department forgot about it when calculating the salary, or maybe they think that your probationary period needs to be adjusted for a period of time. I think it's time to get a lawyer to consult if the communication is unsuccessful. When the lawyer's advice is problematic, the key is to gather evidence.

Private companies are not legal, private companies are like this, asking employees to work overtime and not paying overtime pay, and it is useless to go to court.

The public can find the leader to react.

Unless you're important to your company, it's better to get to work... Endure it.

Talk to your boss and let him make it up to you.

Legal analysis: Overtime pay is 150% of one's salary on weekdays, 200% on weekends, and 300% on national holidays. However, this is only the proportion set by the state, and the key to the amount of overtime pay is the wage base.

Legal basis: Article 44 of the Labor Law of the People's Republic of China.

In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the employee's normal working hour wage in accordance with the following standards: (1) if the employee is arranged to work longer hours, the employer shall pay the employee a wage remuneration of not less than 150% of the wage; (2) Where a worker is assigned to work on a rest day and cannot be arranged for a compensatory break, a wage remuneration of not less than 200 percent of the wages earned shall be paid; (3) If a worker is assigned to work on a statutory holiday or a fixed holiday, he shall be paid a wage remuneration of not less than 300 percent of the wage.

Legal Analysis: Not Legal.

Legal basis: Article 44 of the Labor Law of the People's Republic of China Where a worker is arranged to work longer hours within a standard working day, he shall be paid a wage remuneration of not less than 150% of the wage; If the worker is assigned to work on a rest day and cannot arrange a compensatory break, he 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 shall be paid a salary of not less than 300 percent.

It is not legal to get a discount on overtime pay. The Labor Law stipulates that under 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 be arranged for a compensatory holiday, 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.

1. What is the wage regulation for extended working hours?

The wages for extended working hours of the clan are stipulated as follows: paid in accordance with the provisions of the Labor Law of the People's Republic of China. Under any of the following circumstances, the employer shall pay the employee a wage higher than the employee's normal working hours according to the following standards:

1. If a worker is arranged to work longer hours, he or she shall be paid a wage remuneration of not less than 150% of the wage;

2. If the worker is arranged to work on a rest day and cannot arrange a compensatory break, the wage remuneration shall not be less than 200% of the wage;

3. Workers who are arranged to work on statutory holidays shall be paid wages and remunerations of not less than 300% of their wages.

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 wage for normal working hours 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) 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) If a worker is arranged to work on a statutory holiday, he shall be paid a wage remuneration of not less than 300% of his wages.

Summary. Legal basis: Article 31 of the Labor Contract Law of the People's Republic of China Employers shall strictly implement the labor quota standards and shall not force or covertly compel employees to work overtime.

If an employer arranges overtime, it shall pay overtime pay to the employee in accordance with the relevant provisions of the state. Article 44 of the Labor Law of the People's Republic of China In any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the workers for normal working hours in accordance with the following standards: (1) Where the workers are arranged to work longer hours, they shall be paid wages and remunerations not less than 150% of the wages; 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) 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.

Hello, legal analysis: is it legal to pay wages and overtime pay: it is not legal, overtime pay is generally not legal to add to wages, if it is legal to calculate overtime pay and pay it to the labor blind digger together, the law stipulates that if the employer arranges overtime, it shall pay overtime pay to the laborer in accordance with the relevant provisions of the state, and the overtime pay for grinding limbs cannot be confused with the basic salary.

Legal basis: Article 31 of the Labor Contract Law of the People's Republic of China The employer shall strictly implement the labor quota standard and shall not force or covertly force the employee to work overtime. If an employer arranges overtime, it shall pay overtime pay to the employee in accordance with the relevant provisions of the state.

Article 44 of the Labor Law of the People's Republic of China Where a sail accompanies the employee under any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours in accordance with the following standards: (1) If the worker is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; (2) If a worker is assigned to work on a rest day and cannot arrange compensatory leave, he shall be paid a wage remuneration of not less than 200 percent of his wages; 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.

My job is a daily wage, the kind of Antiy, 200 a day, and how to calculate it if it's more than eight hours.

Hello, the wages of the workers shall be paid at a rate not lower than 300% of the daily or hourly wages of the workers themselves in the labor contract.