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It's easy for you. Triple overtime pay on holidays definitely does not include the day's salary! Suppose your daily salary is 50 yuan according to the base number, if you work overtime on a statutory holiday, your overtime pay on that day is 50 * 3 = 150 yuan, see clearly, this 150 yuan is just your extra overtime pay on this day!
The salary of 50 yuan is still given to you as usual, which is equivalent to all your remuneration for the day, that is, 150 overtime pay + 50 salary = 200 yuan Now many units do not give it in accordance with the provisions of the labor law. In addition, overtime work on statutory holidays cannot be offset by compensatory leave, and overtime pay must be paid to the employee. Hope my answer can help you.
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Triple wages on holidays are additional.
Reply from the Ministry of Labor on issues related to employees' working hours.
Lao Bu Fa [1997] No. 271).
4. Can an employer grant compensatory time off without paying overtime pay for overtime work on rest days or statutory holidays? How is the standard for compensatory time off determined?
According to Article 44 of the Labor Law, if an employee is arranged to work overtime on a rest day, he or she shall first be arranged to take a compensatory break, and if he cannot take a compensatory break, he shall be paid a wage remuneration of not less than 200% of his wages. Compensatory time off shall be equivalent to overtime time. If an employee is arranged to work overtime on a statutory holiday, he or she shall be paid an additional wage remuneration of not less than 300% of the wage, and generally no compensatory leave shall be arranged.
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Double pay is included in the day's wages. In case of overtime work on statutory holidays, the wages shall be calculated and prepared according to three times the daily wage standard, and the three times here refers to the actual amount of wages received on the day of overtime on statutory holidays is three times, that is, 100 yuan on weekdays, and 300 yuan for triple overtime wages.
2. According to Article 44 of the Labor Law, under any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the employee for normal working hours according to the following standards:
1) If the worker is arranged to work longer hours, he shall be paid a wage remuneration of not less than 150% of the wage;
2) If the worker is assigned to work on a rest day and cannot arrange a compensatory break, he or she shall be paid a wage remuneration of not less than 200% of the wage.
3) If an employee is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300% of the wage.
3. According to Article 40 of the Labor Law, the employer shall arrange leave for employees during the following holidays:
1) New Year's Day; 2) Chinese New Year.
3) International Labor Day;
4) National Day.
5) Other holidays stipulated by laws and regulations.
1. Is it illegal not to pay overtime on statutory holidays?
1. It is definitely illegal to work overtime on statutory holidays without overtime pay. The employee may apply for labor arbitration to require the employer to pay him or her overtime. If a worker is assigned to work on statutory leave, he shall be paid a wage remuneration of not less than 300 percent of his wages.
2. The calculation base of holiday wages can be determined according to the following principles:
1) If there is an agreement in the labor contract, it shall be determined according to the wage standard corresponding to the position (job 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 stipulation in the collective contract, it may 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) If there is no agreement between the employer and the employee, the calculation base of the holiday salary shall be determined by 70% of the monthly salary of the employee's normal attendance at the post (position).
Not only on statutory holidays, but also on weekdays, weekends, etc., if the employer needs employees to work overtime on weekdays, weekends, etc., they need to pay overtime pay. The proportion of overtime pay shall not be lower than the statutory salary, and the employer may sue the employer if the employer does not pay overtime pay, or if the overtime pay paid is less than the amount that should be paid.
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Overtime pay is 3 times the amount of overtime paid on statutory holidays, including the day's wages. According to the provisions of the Labor Law, 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) If the employee is arranged to work longer hours, the employer shall pay 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 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 shall be paid a regular 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 ambush workers shall not exceed eight hours, and the average weekly working hours shall not exceed forty hours and four hours. 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) 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.
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