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The local minimum wage standard will be raised, and if the overtime pay base agreed by both parties is the local minimum wage, then the overtime pay will also be increased accordingly.
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.
Evidence to prove overtime hours mainly includes: attendance sheets, timecards, overtime approval forms, overtime notices, surveillance videos, witness testimony, written records of the work done during overtime, e-mails, etc.
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 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.
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1. Minimum wage**, overtime pay is certain**, because the employer needs to pay 150% of the wages for overtime work in normal times, 200% of the wages for overtime on Saturdays and Sundays, and 300% of the wages for overtime on holidays; The specific calculation standard is the minimum wage divided by days to get the daily wage, and in the division by eight, the wage per hour is obtained, and the overtime pay is multiplied by the usual times, and the Saturday and Sunday is multiplied by 2 times, that is, in the case that the latter items are fixed, the higher the divisor, the higher the corresponding quotient. The above comments are for reference only, thank you?
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Of course, it is long, and the higher the basic salary, the longer the overtime pay will be, which is proportional, which is good for us workers.
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This year, the minimum wage of ordinary workers in Shenzhen's formal enterprises is 1,100 yuan, and the usual overtime pay is twice as much as that on rest days, and 3 times that on holidays. The monthly income of ordinary workers is generally more than 2,300.
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I have so much overtime pay of 1300 bottom 6 yuan.
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According to the regulations, overtime pay should be calculated on the basis of the total salary of the on-the-job employees. In some units, it is incorrect to calculate overtime pay based only on the basic salary of employees. Gross wages include the basic salary, bonuses, allowances, and subsidies earned by all workers.
According to the provisions of the Labor Law, the wages and remuneration paid by the employer to the employee for overtime work, i.e., for extended working hours, are divided into three levels depending on the circumstances of the extended working hours
First, if the worker is usually arranged to work longer hours, it is 150 of the salary. Extended working hours here mainly refer to the employer's arrangement of employees to work outside the standard working hours on normal working days. In this case, the extended working hours shall generally not exceed one hour per day, and shall not exceed three hours per day when required for special reasons.
The wage standard paid by the employer to the employee for extended working hours is 150 of the standard wage for normal working hours, that is, for every hour of extended working hours, the employer shall pay the employee the wage remuneration for the extended working hours at the rate of one and a half times the standard wage of the employee.
Second, if a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, he shall be paid a wage remuneration of not less than 200 percent of his wages. Rest days here refer to public holidays, i.e. Saturdays and Sundays in general; If the worker's rest day is on a rotational basis, the day on which the employee takes the rest day shall be the rest day. If the employer arranges for the employee to work longer hours on rest days, it shall pay the employee 200 yuan of the standard wage for normal working hours, that is, for each hour of extended working hours, the employer shall pay the employee twice the standard wage for the extended working hours.
It should be noted that if an employer arranges an employee to work longer hours on a rest day, it shall first arrange compensatory leave, which shall be equivalent to overtime hours, and only when compensatory time off cannot be taken can it pay wages and remuneration of not less than 200 yuan of wages.
Third, 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 yuan of his wages. The statutory holidays here refer to the statutory holidays stipulated by the state, that is, the first day of the New Year (January 1) and the three days of the Spring Festival (the first month of the lunar calendar.
First, the beginning. 2. The third day of the Lunar New Year), three days of Labor Day (May 1, 2, 3), and three days of National Day (October 1, 2, 3). If the employer arranges for the employee to work longer hours on a statutory holiday, it shall pay the employee 300 yuan of the standard wage for normal working hours, that is, for every hour of extended working hours, the employer shall pay the employee three times the standard wage for the extended working hours. Unlike those on rest days, when employees are arranged to extend their working hours, employees are generally not arranged to take compensatory holidays when they are arranged to extend their working hours.
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Hello, the overtime company should be calculated according to the normal wage, and it is definitely not legal to calculate according to the minimum wage.
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1. If there is an agreement in the labor contract, there is no problem in calculating overtime pay according to the agreement.
2. If there is no agreement, the overtime pay shall be calculated according to the salary payable.
You can look at the contract and consult with the local labor inspection department, some of which support the calculation based on the salary of the contract.
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Overtime pay should be based on your regular wage, not the local minimum wage.
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1 Of course, this calculation is unreasonable, and it is calculated according to the proportion of wages.
2 However, if you ask for overtime pay in full now, what if the company only pays you 950 in the future? It is also legal for enterprises to only issue 950, because the contract says 950, as long as it is not lower than the local minimum wage level, it is legal, so it is better to think about it.
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Overtime pay is not calculated, and it is legal to calculate according to the actual salary you receive, and it is legal not to be lower than the minimum wage.
Addendum: The calculation of overtime pay is not reasonable.
It is 1,000 daily wages, and overtime on weekends is twice the daily wage.
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The basic salary should meet the minimum wage standard.
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According to the labor law, this should be illegal, and the minimum wage should be 850That's right.
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According to the Labor Contract Law, overtime pay is 150% of wages 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 wage base for calculating overtime wages shall be determined in accordance with the wage standards corresponding to the position of the employee as agreed in the labor contract. Generally, the wages paid by enterprises to employees include basic salary and performance salary, while overtime wages are calculated based on basic salary.
The calculation standard of overtime wages in Nanjing that you are referring to is calculated according to the minimum wage standard, and if it is within the above range, it is allowed. But if everyone in the company calculates overtime pay according to the minimum wage standard of Nanjing, it is definitely not allowed.
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Shenzhen ** decided to raise the city's minimum wage standard from July 2010: the minimum wage standard for full-time employed workers was adjusted to 1,100 yuan; The hourly minimum wage standard for part-time workers has been adjusted to 9.8 yuan per hour. As for overtime pay, it varies from company to company, most of the time 8-9 yuan per hour.
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There is no minimum, only lower! Hehe. It's not anymore It depends on what company you enter and what position you do Generally it is now a basic salary of 1100 5 6 yuan of overtime pay The basic situation is like this I hope it can help you Remember to give me 3qq
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Overtime pay is certainly unreasonable according to the minimum wage standard, and the general overtime wage is definitely higher than the minimum wage.
Legal basis: Article 14 of the Labor Contract Law of the People's Republic of China: If an employer arranges an employee to work outside the standard working hours in accordance with the law, it shall pay the employee overtime wages according to the following standards:
(1) If the working hours are extended beyond the standard working hours of the day, overtime wages shall be paid at a rate not less than 150 of the hourly wage base;
(2) Those who work on rest days shall be arranged to take compensatory rest for the same time, and if they cannot arrange compensatory leave, they shall be paid overtime wages at a rate not less than 200 of the daily or hourly wage base;
(3) Those who work on statutory holidays shall be paid overtime wages at a rate not less than 300 per day or hourly wage. Article 43 The daily wage of a laborer shall be calculated on the basis of an average working hour of 20 92 days per month in accordance with the provisions of the State working hour system, and the hourly wage shall be calculated on the basis of the daily wage divided by 8 hours.
Article 44 The daily or hourly wage base for calculating overtime wages in accordance with Article 14 of these Regulations, the wages paid to workers during their leave in accordance with Article 19, and the wages paid to workers during maternity leave and family planning surgery leave in accordance with Paragraph 1 of Article 23 shall be determined in accordance with the following principles:
(1) It shall be determined in accordance with the wage standard of the worker as agreed in the labor contract;
(2) If there is no stipulation in the labor contract, it shall be determined in accordance with the overtime wage base agreed in the collective contract and the wage standard during the leave period;
(3) Where there is no stipulation in the labor contract or collective contract, it shall be determined in accordance with the wages due to the worker for normal work.
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The employer shall not pay wages lower than the local minimum wage, does this include overtime pay?
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If an employee is arranged to work longer hours in accordance with the Labor Law, he 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 an employee 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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Paragraph 1 of Article 1 of the Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages issued by the Ministry of Labor (No. 1995 No. 226) of the Ministry of Labor stipulates that: "According to the standard stipulated in the labor contract," refers to the wage standard corresponding to the position (position) of the employee as stipulated in the labor contract.
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Of course not, overtime is overtime, and minimum wage is the same thing.
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1. According to the wage payment regulations, usually both parties can agree on the calculation standard of overtime wages, that is, the "overtime wage = minimum wage standard" you see can be agreed in this way. With this calculation base, overtime pay is calculated at 150,200,300 per cent.
2. If there is no agreement between the two parties, it will be calculated according to the average salary of the previous 12 months, and it is illegal to work overtime = minimum wage standard at this time.
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Of course not.
Overtime wage: If overtime is worked on a working day, it will be calculated at 150% of the average wage.
If overtime is worked on statutory holidays and compensatory leave cannot be arranged, it shall be calculated as 200%.
Overtime on statutory holidays shall be calculated at 300%.
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Some companies use the minimum wage as the base for overtime pay, resulting in overtime pay being lower than the regular pay. ——Wang Hai, deputy to the Provincial People's Congress.
Some companies use the minimum wage as the base for overtime pay, resulting in overtime pay even lower than the regular wage. At the provincial "two sessions", Wang Hai, a worker representative from Shenzhen, reflected the irrationality of the calculation of overtime pay and called for the revision of the "Guangdong Provincial Wage Payment Regulations" to clearly stipulate that monthly wages must be included in the calculation base of overtime pay.
Wang Hai said that the issue of the calculation base of overtime wages has triggered a large number of labor disputes. Some enterprises, especially labor-intensive enterprises, deliberately interpret the laws and regulations one-sidedly, stipulating the minimum wage standard published by the first to be the wage for normal working hours, and artificially excluding other wages related to the workers' professional skills, positions, length of service, etc., which belong to the workers who provide normal labor during normal working hours, in order to reduce the calculation base of overtime wages.
Wang Hai pointed out that if the minimum wage is used as the base of overtime pay, there may be a situation where overtime wages are lower than the regular wages, which completely deviates from the original intention of setting overtime wages, which is abnormal and unreasonable, and greatly damages the rights and interests of workers. ”
Wang Hai suggested that the Regulations on the Payment of Wages in Guangdong Province should be amended to further refine the wages for normal working hours agreed in the labor contract, and clearly stipulate that the monthly wages should be included in the calculation base of overtime pay.
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