If the overtime pay unit on railway holidays is not paid, how to reflect it to which department

There are two ways you can claim to be paid:

1. You can go to the local labor bureau to complain about the labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

2. Legal basis:

1) Labor Dispute Mediation and Arbitration Law Article 9 [Labor Inspection] If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with the law.

2) Article 17 of the Regulations on the Supervision of Labor and Social Security: The investigation of violations of labor security laws, regulations or rules by the administrative department of labor security shall be completed within 60 working days from the date of filing the case; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.

The solution to the employer's illegal request for the employee to increase the number of employees is that the employee can report to the labor administrative department, and the labor administrative department will order the unit to revise the draft within a time limit or fail to correct it. If the employer refuses to make corrections and causes damage to the employee, the employee may request corresponding compensation.

If an employee takes annual leave and works overtime during holidays, the employer shall pay him or her overtime pay, and if the employee works overtime during holidays, the employer shall pay him three times his salary, which is calculated as follows: three times the monthly salary and overtime hours.

The calculation method of overtime pay on working days: monthly wage, overtime hours, times;

Calculation method of overtime pay on weekends and weekends: 2 times the number of overtime hours of monthly wages;

The calculation method of overtime pay on statutory holidays is 3 times the monthly salary and overtime hours.

1. Article 44 of the Labor Law In 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 arrange a compensatory holiday, he shall be paid a wage remuneration of not less than 200% of the wage.

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.

Notice on Issues Concerning the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year

2. Conversion of daily and hourly wages.

In accordance with Article 51 of the Labor Law, employers shall pay wages on statutory holidays in accordance with the law, i.e., the 11 statutory holidays stipulated by the state shall not be excluded when converting daily wages and hourly wages. Accordingly, the daily wage and hourly wage are converted as:

Daily Wage: Monthly Wage Income Number of Monthly Salary Days.

Hourly wage: monthly salary income (8 hours of paid days per month).

Monthly payroll days (365 days-104 days) 12 days.