How to calculate the overtime pay for the New Year? How to calculate overtime pay for the New Year?

The Spring Festival holiday is seven days, and the calculation method of overtime wages is different, and the statutory holiday of the Spring Festival is from the first day of the first month to the third day of the first month. Therefore, the beginning.

1. If overtime is arranged in the second and third days of junior high school, overtime wages shall be paid separately at a rate not less than 300% of the employee's daily or hourly wage; On Chinese New Year's Eve, the beginning of the year.

Fourth, the beginning. 5. If overtime is arranged on the sixth day of the Lunar New Year, the enterprise can choose to give compensatory rest or double wages.

Standard of payment of overtime pay:

1) If an employee is arranged to work overtime on a normal working day, he or she shall be paid a wage remuneration of not less than 150% of the employee's own salary.

2) If the employee is assigned to work on a rest day and cannot arrange a compensatory break, the employee shall be paid 200% of the normal daily wage.

3) If the 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, and shall not be replaced by compensatory leave or compensatory leave.

There are 3 days from the first day to the third day of the Spring Festival. In other words, if the employer arranges the employee to work during these three days, it shall pay overtime wages at a rate not less than 300% of the employee's daily or hourly wage. On the 4 days of Chinese New Year's Eve and the fourth to sixth day of the new year, if an overtime shift is arranged, the worker can be given compensatory rest without overtime pay, and if no compensatory rest is given, overtime pay shall be paid at 200% of his daily or hourly wage.

According to the regulations, when calculating overtime wages, the daily wage is equal to the monthly wage income divided by the number of paid days (days) in the month. Article 44 of the Labor Law stipulates that in any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the employee's normal working hours 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 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.

Labor Law of the People's Republic of China

Article 40 An employer shall arrange leave for its employees during the following holidays in accordance with law:

a) New Year's Day; (2) Spring Festival; (3) International Labor Day; (4) National Day; (5) Other holidays and holidays provided for by laws and regulations.

Article 44 In any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers 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) 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.

That is, the overtime pay is 150% of the person'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.

The base amount of overtime pay for employees may be determined through consultation between the enterprise and the employees, otherwise the enterprise shall determine the wages due to the workers for their normal work. The wage base for calculating overtime wages shall first be determined in accordance with the wage standards corresponding to the position of the employee as agreed in the labor contract. If there is no stipulation in the labor contract or collective contract, the employee representative may negotiate with the employer through collective wage negotiation, and the result of the negotiation shall be to sign a collective wage agreement (if the employer has been approved to implement the irregular working hours system, the above provisions shall not be implemented).

The daily wage is calculated by dividing the base number by the average number of days worked in the system per month (some enterprises use 21 days per month for convenience).

The statutory annual overtime wage shall be calculated at three times the usual wage. For example, during the Spring Festival, the overtime pay from the first to the third year of junior high school is three times the salary of oneself, and the overtime pay from the fourth to sixth days of junior high school is twice the salary of oneself.

Labor Law of the People's Republic of China

Article 44 In any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers 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) 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) If a worker is scheduled to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300% of his wages.

1. Can employees be forced to work overtime during the Spring Festival?

Companies cannot force employees to work overtime.

Labor Law of the People's Republic of China

Article 41.

Due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, and generally shall not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

Article 42: In any of the following circumstances, the extension of working hours is not subject to the restrictions provided for in Article 41 of this Law:

1) Natural disasters, accidents, or other reasons that threaten the life, health, or property safety of workers, and need to be dealt with urgently;

2) Production equipment, transportation lines, and public facilities fail, affecting production and public interests, and must be repaired in a timely manner;

3) Other circumstances provided for by laws and administrative regulations.

2. What is the legal liability for arrears of overtime pay?

Interim Provisions on Payment of Wages".

Article 18. Labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages for extended working hours;

3) Paying wages to workers at a rate lower than the local minimum wage.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Article 19 In the event of a labor dispute between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration organ for arbitration in accordance with the law. If the applicant is dissatisfied with the arbitral award, he may file a lawsuit with the people's court.