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Hello! The employer's failure to pay overtime pay is a violation of labor law, and you can protect your rights through legal means.
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 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) 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.
More detailed information could be provided to provide more accurate legal advice.
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Overtime pay refers to the remuneration received by an employee for continuing to work or work beyond the prescribed working hours according to the needs of the employer's production and work. Each company has its own overtime system, and only if the company requires overtime, there will be overtime pay.
If the employer wants to take up too much rest time of the employee, it needs to pay a certain fee, which is the overtime wage, but what if the employee voluntarily works overtime? In fact, sometimes the unit arranges overtime and may say that the employee voluntarily works overtime, so it is necessary to pay overtime pay, what is the calculation method of overtime pay, only by understanding these can you judge whether you can get overtime pay and how much the amount is, if you are not very clear before, you can take a look at the following.
So, is there any overtime pay for voluntary overtime?
Overtime pay refers to the remuneration received by an employee for continuing to work or work beyond the prescribed working hours according to the needs of the employer's production and work. Workers who work overtime, work longer hours, and increase the amount of work they work should be paid reasonably. For workers, overtime pay is a form of compensation for excessive work; For employers, paying overtime pay can effectively inhibit employers from arbitrarily extending working hours and protect the legitimate rights and interests of employees.
In February 2012, the Tax Service Department of the State Administration of Taxation stated that overtime pay on holidays was taxable in accordance with the law.
Enterprises may formulate an overtime system that does not contradict national laws, and pay overtime wages not lower than the statutory standard for overtime work that meets the overtime system. It can be seen that the premise for an employer to pay overtime wages is that "the employer arranges for the employee to work beyond the statutory standard working hours according to actual needs", that is, the employer should pay overtime wages only if the employer arranges overtime work. If the employee voluntarily works overtime if the employer does not arrange overtime, the employer may not pay overtime wages in accordance with the above provisions.
If the company requires additional overtime, the employee can ask for overtime pay. Generally speaking, one day of overtime is counted as two days' wages, but if overtime is worked on statutory holidays, the employer shall pay three times the salary. In practice, many employers are unwilling to pay overtime pay, and the only way to obtain the corresponding legal rights and interests is to rely on the efforts of the employees themselves, and the employees need to pay attention to this.
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If I don't have overtime pay, I don't want to accept overtime because I feel that my usual work is already very hard, and if overtime is still compulsory, I will definitely be very uncomfortable.
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If there is no overtime pay, I personally do not accept overtime because it takes up personal time.
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No, because without overtime pay, my labor is of little use. And it's very hard.
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No, because I can do my own thing within the allotted time, I don't have to work overtime at all.
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I won't. Because I work to earn money, not to work overtime, people are very real now.
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If the employer fails to pay overtime pay, the labor administrative department shall order it to pay it within a time limit. If the payment is not made within the time limit, the employer shall be ordered to pay additional compensation. Overtime pay refers to the remuneration received by an employee for continuing to work or work beyond the prescribed working hours according to the needs of the employer's production and work. Article 85 of the Labor Contract Law of the People's Republic of China If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
1. Can the employer refuse to arrange overtime?
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If there is an agreement in the labor contract, it shall be calculated in accordance with the agreed base amount of the labor contract, but the agreed base number shall not be lower than the salary standard of the corresponding position. If there is no agreement in the labor contract, if there is a trade union or employee representatives, the wage calculation base for sick leave may be stipulated in the collective labor contract, and if there is no trade union, the wage shall be calculated according to 70% of the current wage, and the unit cannot arbitrarily deduct the employee's salary.
First of all, the new labor law, that is, the labor contract law, does not have clear provisions on overtime pay, so I don't know which part you are talking about, about the base of overtime pay, it depends on the hour or day, that is, the average daily wage and the average hourly wage, the calculation method is to divide the average monthly wage by the monthly working hours, but the labor law does not very clearly stipulate the number of working days per month, your new algorithm is actually something after the promulgation of the new national holiday method, and your company's algorithm obviously does not put the national holiday into it. According to the Labor Law and some supplementary provisions promulgated later, national holidays shall be arranged for employees to take leave in accordance with the law, and if they cannot take leave, they will be calculated according to three times the salary, so in your case, I suggest that you go to the labor department for arbitration, and it should be determined that your company has not paid the remuneration for extended working hours in accordance with the law.