About overtime pay! 30. About overtime pay!

Provisions on the calculation and payment of overtime wages.

How overtime pay is calculated.

According to the Ministry of Labor's Notice on Issues Concerning the Conversion of Employees' Average Annual Working Hours and Wages, which stipulates that "the average monthly working days and working hours of employees throughout the year shall be adjusted to days and hours respectively, and the daily and hourly wages of employees shall be converted accordingly", the correct calculation method of employees' daily overtime wages shall be: 70% of the monthly take-home wages divided by multiplied by the overtime wage standard stipulated in Article 44 of the Labor Law of the People's Republic of China, that is, overtime outside normal working hours, multiplied; If you work overtime on a rest day, multiply by 2; Statutory holidays, multiply by 3.

Take-home pay refers to the total wage income included in the gross wage statistics.

Article 3 of the approved Provisions on the Composition of Total Wages stipulates that "Total wages refer to the total amount of labor remuneration paid directly by each unit to all employees of the unit within a certain period of time. The National Bureau of Statistics' "Interpretation of Several Specific Scopes of the Provisions on the Composition of Total Wages" further explains:

The principle of calculating total wages shall be based on the total remuneration paid directly to the employee. The remuneration paid by each unit to its employees and other wages paid in accordance with the relevant regulations, whether included in the cost or not included in the cost, whether included in the bonus tax items in accordance with the provisions of the state or not included in the bonus tax items, whether paid in monetary form or in kind, shall be included in the calculation scope of total wages. "According to the above-mentioned provisions of the state, the total salary is mainly composed of the following six aspects:

One is hourly wages; the second is piecework wages; the third is a variety of bonuses; fourth, various allowances and subsidies; fifth, overtime and overtime wages; Sixth, wages paid under special circumstances.

Therefore, the monthly take-home salary of the employee should be the monthly salary of the position, plus the assessment salary, plus the monthly average of the quarterly bonus, plus other allowances and subsidies issued by the company in various forms.

I believe that you should be very aware of the provisions of the labor law, and the behavior of your unit must have violated your legitimate rights and interests, but this is the national condition of our country, even if you go to the labor inspection department to report, it will be a disaster. Maybe you have to go to court to go to court, and the result may not be too good. I have a friend who is in your 20th round, and he has a similar problem to you.

I don't know if you have irregular working hours there, but even if you have irregular working hours, there is still a time limit. Keep the evidence and sue him then.

I have been working in a company for more than six years, and at the end of the year my contract expires, if the company does not sign a contract with me, how to compensate and is there any legal basis.

Go ahead and apply for labor arbitration! Bravely pick up the law and protect your rights and interests!

There is a gap between the ideal and the reality, if you don't want to do it one day, you can go to the court to sue it and ask it to pay you back your overtime pay, but you must keep the evidence. Otherwise, it still makes sense.

In the construction industry, I haven't heard of overtime pay yet.

I worked for a year in a decoration construction company.

That's just a pit man.

The monthly salary is delayed for a few days to more than ten days.

Don't talk about that.

He always gave me the money.

Generally speaking, there is a year-end bonus.

Every time my salary was delayed until the thirtieth of the Chinese New Year's Eve.

I thought there was a year-end bonus.

In the end, the company told us that it was good to get paid, what else do you want?

Even more annoying is when the project is completed.

Thought you could get a bonus.

When I finally got my salary, he gave me only half of the last month's salary (the last month was full), which was really annoying.

When the project was finished, I left directly.

Respond to the situation with the superiors, and strike if there is no reply.

Provisions on the calculation base of overtime pay: if there is an agreement in the labor contract, it shall be implemented in accordance with the agreement of the labor contract; If there is no agreement in the labor contract, Changxian shall be executed in accordance with the provisions of the collective contract; If there is no stipulation in the labor contract or collective contract, it may be determined at 70% of the monthly salary of the employee's normal attendance in the position (position) where the employee belongs.

[Legal basis].

Article 44 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 hour wage in accordance with the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of no less than 150 percent of the wage;

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 of not less than 300 percent of the salary.

The first and second floors didn't understand what you meant. The crux of your question is whether the benefit bonus should be counted in the base!

I have done personnel work, and the general unit will not include the bonus, and I can't find any loopholes in the law, because the bonus can be fixed or even zero.

But the 1oo of the position must definitely be added, so it is 500 + 300 + 70 + 100 = 970

If you insist that he be included in the labor arbitration, even if he adds it to you, next month on the grounds of poor efficiency as the reason for less or no bonus, your loss will be greater, and you will be excluded everywhere, not counted!

This experience, I hope to listen calmly, now our country's workers are in absolute weakness, everyone is on the wages to survive is able to endure it, your unit can pay overtime pay in accordance with the law, it is good, let's understand each other, comfort each other, hehe!

Overtime pay shall be calculated on the basis of gross wages. It is calculated as follows:

Overtime pay on statutory holidays = monthly wage base days 300% overtime days overtime pay on rest days = monthly wage base days 200% overtime days.

According to Article 44 of the Labor Law, the specific standards for the payment of overtime pay are: if the employee is arranged to work longer hours within the standard working day, the employee 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 or she shall be paid a wage remuneration of not less than 300 percent. ）

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 44 hours.

In accordance with the provisions of the Labor Law: (1) Where a worker is arranged to work longer hours, he shall be paid 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 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.

If it is not calculated in this way, you can complain.

I am a law student, and I can tell you unambiguously that the Labor Law of the People's Republic of China states that overtime without pay is illegal and can be appealed to the court.

The labor department where the employing unit is located is responsible for management, which is managed by the city and district where Xi'an is located, and can be reported to it, or to its superior labor department, up to the labor department.

Labor Contract Law.

Article 73.

The labor administrative department is responsible for the supervision and management of the implementation of the national labor contract system.

The local people's labor administrative department at or above the county level shall be responsible for the supervision and management of the implementation of the labor contract system within its administrative area.

In the supervision and management of the implementation of the labor contract system, the labor administrative departments at or above the county level shall listen to the opinions of representatives of trade unions, enterprises and relevant industry authorities.

In fact, there are many ways, and the best way is to find a union to respond. Because many labor departments accept these things on the surface, but in fact they don't ask about them. You have to go directly to the petition, in fact, the key is that you have to have direct evidence, if there is, no matter which labor department you find, they will hurry up.

Consult with the company leader first, and if that doesn't work, go to the relevant labor department, but be sure to remember to have evidence, preferably with a colleague who is in the same situation as you.

Hello:1You are entitled to five years of overtime pay back and require the company to pay overtime according to the following standards:

According to Article 44 of the Labor Law, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours in accordance with the following circumstances:

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.

2.If the employer owes you overtime pay, it is an act of arrears of your labor remuneration, and you can also claim 25% of the economic compensation.

The legal basis is Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts issued by the Ministry of Labor, which stipulates that if an employer deducts or defaults on the wages of an employee without reason, or refuses to pay the employee wages and remuneration for extended working hours, in addition to paying the wages and remuneration of the employee in full within the prescribed time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration.

In addition, if the unit system clearly states that the basic salary is used as the base for overtime pay, and this system is adopted through normal procedures, and has been publicized, and I have signed and read it, it can also be used as a basis for calculating the base of overtime pay.

Usually overtime work double pay.

Saturday and Sunday overtime work is twice the pay.

3 times the salary for overtime work on holidays.

You'd better explain your place of work first, after all, the calculation base of overtime pay varies from place to place!

The base amount shall be subject to the agreement in the labor contract, and if there is no agreement, the total salary shall be used as the base.

This is normal, and the enterprise only needs to pay additional shift pay for overtime.

The normal working hours are 40 hours per week, and the excess is overtime, and the weekly overtime must be paid in accordance with the local labor law.