How is standard overtime pay calculated?

Calculation of overtime pay based on standard working hours:

If the employee is arranged to work longer hours from Monday to Friday, he shall be paid a wage remuneration of not less than 150% of the wage;

If the worker is arranged to work on weekends and cannot arrange compensatory holidays, he shall be paid a wage remuneration of not less than 200 yuan 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 yuan of his salary.

Interim Provisions on Payment of Wages".

Article 13 Where an employer arranges a worker to work beyond the statutory standard working hours according to actual needs after the worker has completed the work quota or the prescribed work tasks, it shall pay the wages according to the following standards:

1) If the employer arranges for the employee to work longer than the statutory standard working hours in accordance with the law, the employer shall pay the employee wages at a rate not lower than 150% of the employee's hourly wage as stipulated in the labor contract;

2) If the employer arranges for the worker to work on a rest day in accordance with the law, but cannot arrange compensatory leave, the employer shall pay the employee wages at a rate not lower than 200% of the employee's daily or hourly wage as stipulated in the labor contract;

3) If the employer arranges for the employee to work on statutory holidays and holidays in accordance with the law, the employer shall pay the employee wages at a rate not lower than 300% of the employee's daily or hourly wage as stipulated in the labor contract.

If an employee who is subject to piece-rate wages is arranged by the employer to extend his working hours after completing the piece-rate quota task, he or she shall be paid wages at a rate not less than % of the unit price of the piece-rate working hours of the employee in accordance with the principles stipulated above.

With the approval of the labor administrative department to implement the system of comprehensive calculation of working hours, the part of the comprehensive calculation of working hours exceeding the statutory standard working hours shall be regarded as extended working hours, and the wages for extended working hours shall be paid to the workers in accordance with these provisions.

Employees who practice the irregular working hours system are not subject to the above provisions.

Standard hours to calculate overtime should be divided by days.

The reason why some workers and employers have the above doubts is that the daily wages of employees in China were originally converted according to the monthly working days, but in 2008, the Ministry of Labor issued a notice to convert the daily wages of employees to the number of monthly salary days, and the original method of converting according to the number of working days per month was abolished. The Ministry of Labor and Social Security has issued a notice that, since the "Measures for Holidays on National Festivals and Memorial Days" stipulates that citizens' holiday days will be increased from the original 10 days to 11 days, the average number of days worked by the system and the wage conversion method for employees throughout the year will be adjusted accordingly.

The circular stipulates that the monthly working days of employees will be adjusted from days to days. The 2000 version of the circular stipulates that the average number of working days per month for employees in a year is days, and the daily wages of employees are converted accordingly, but in the new circular, the conversion of daily wages will be determined according to the number of monthly salary days. This means that after the holiday adjustment, the daily wage conversion will neither be converted according to the original day, nor will it be converted according to the previously reported day, but will be converted according to the day.

Legal analysis: Calculation of overtime pay under the standard working hours system: (1) If the employer arranges for the employee to work longer hours than the statutory standard working hours in accordance with the law, the employee shall be paid wages at a rate not lower than 150% of the employee's hourly wage standard stipulated in the labor contract; (2) If the employer arranges for the employee to work on a rest day in accordance with the law, but cannot arrange a compensatory break, the employer shall pay the employee wages at a rate not lower than 200% of the employee's daily or hourly wage as stipulated in the labor contract; (3) If the employer arranges for the employee to work on the statutory holiday day in accordance with the law, the employer shall pay the employee wages at a rate not lower than 300% of the employee's daily or hourly wage standard in the labor contract.

Legal basis: Labor Law of the People's Republic of China Article 44 In any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for normal working hours according to the following standards: (1) If the workers are arranged to work longer hours, they shall be paid wages and remunerations not less than 150% of the wages; (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.

Calculation of overtime pay under the standard working hours system:

1) If the employer arranges for the employee to work longer than the statutory standard working hours in accordance with the law, the employer shall pay the employee wages at a rate not lower than 150% of the employee's hourly wage as stipulated in the labor contract;

(2) If the employer arranges for the employee to work on a rest day in accordance with the law, but cannot arrange a compensatory break, the employer shall pay the employee wages at a rate not lower than 200% of the employee's daily or hourly wage as stipulated in the labor contract;

3) If the employer arranges the employee to work on the statutory holiday day in accordance with the law, the employer shall pay the employee wages at a rate not lower than 300% of the employee's daily or hourly wage standard under the labor imitation contract.

1. What is the formula for calculating the overtime wage base?

The formula for calculating the overtime pay base is as follows:

1. When calculating overtime wages, the daily wage is converted according to the average number of days per month, and the hourly wage is divided by 8 hours on the basis of the daily wage;

2. When determining the calculation base of overtime wages, if the labor contract clearly stipulates the base of overtime wages, it shall be determined according to the agreed standards.

If the employer arranges for the employee to work longer than the statutory standard working hours in accordance with the law, the employer shall pay the employee wages at a rate not lower than 150% of the employee's hourly wage as stipulated in the labor contract.

2. What are the standards for workers to be paid wages for overtime?

Employees shall be paid wages for overtime according to the following standards:

1. If the employee is arranged to work longer than the statutory standard working hours in accordance with the law, the employee shall be paid 150% of the employee's hourly wage as stipulated in the labor contract.

2. If a worker is arranged to work on a rest day in accordance with the law, the employee shall be paid 200% of the daily or hourly wage standard stipulated in the labor contract.

3. If a worker is arranged to work on statutory holidays and holidays in accordance with the law, the wage shall be paid according to 300% of the employee's daily or hourly wage standard stipulated in the labor contract.

Article 44 of the Labor Law of the People's Republic of China stipulates that under any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) If the workers are arranged to work longer hours, the employer shall pay wages and remunerations that are not less than 150% of the wages; (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.

The calculation is as follows:1If a worker is arranged to work for a banquet on a standard working day, 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 break, he shall be paid a wage remuneration of not less than 200 percent of his wages. 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. Standard working hours are the labor time required to carry out a combing process in a standard working environment. Legal basis: Article 44 of the Labor Law provides that under any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the employee 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) 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.

The method of calculating the overtime pay of the standard working hours system: if the employer arranges the employee to work longer hours within the standard working day, the employer shall pay the wage remuneration not less than 150% of the wage; If the worker is assigned to work on the rest day and cannot arrange the compensatory rest in peace, the wage remuneration shall not be less than 200% of the wage; Employees who work on statutory holidays shall be paid no less than 300% of their wages.

[Legal basis].

Article 44 of the Labor Law stipulates that under any of the following circumstances, the employer shall pay the employee a wage higher than the wage for normal working hours in accordance with the following standards: (1) if the employee is arranged to work longer hours, the employer shall pay a wage remuneration not less than 150/150 of the salary; (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.

Article 44 of the Labor Law falls under any of the following circumstances. The employer shall pay the employee a wage higher than the employee's normal working hour wage according to the following standards:

1) Arrange for workers to work longer hours. Pay wages and remuneration not less than 150% of wages, and 2) arrange work for workers on rest days and cannot arrange compensatory holidays. Pay wages and remuneration not less than 200% of wages, and 3) arrange for workers to work on statutory holidays.

Pay wages and remuneration not less than 300% of wages.

3. Is there overtime pay for voluntary overtime?

Article 4 of the Labor Law stipulates that "an employer shall establish and improve rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations". This article states that enterprises shall establish and improve the rules and regulations within the enterprise in accordance with the law, and the content of the rules and regulations includes the norms of the rights and obligations of employees.

According to this article, an enterprise may naturally formulate an overtime system that does not contradict national laws, may stipulate appropriate overtime approval procedures, and pay overtime wages not lower than the statutory standard for overtime work that complies with the overtime system. The rules and regulations established by an enterprise in accordance with the law shall be one of the bases for enterprise management and dispute resolution.

In addition, according to the "Labor Law" and the "Provisions on the Working Hours of Employees" and other relevant regulations, China's current standard working hours system is 8 hours a day and 40 hours a week. If the salary is calculated and paid according to the above standard working hour system, it is an hourly wage system. Employers that implement the hourly wage system have clear regulations on the payment of overtime wages.

The premise for an employer to pay overtime wages is that "the employer arranges the employee to work beyond the statutory standard working hours according to actual needs", that is, the employer shall pay the 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.

It is still necessary to determine the specific overtime hours under the integrated working hours system, otherwise it will not be possible to calculate the amount of overtime pay smoothly. However, if the employee voluntarily works overtime on his own initiative, rather than under the arrangement of the employer, he cannot claim overtime pay from the employer in this case.

1. How to calculate the overtime pay for comprehensive working hours.

1. Comprehensively calculate the working hours, work system, rest days, and arrange workers to work. Compensatory time off should be arranged at the same time. Statutory holidays are not allowed to make up for holidays, 2. Work in the comprehensive calculation of working hours and work cycle is on statutory holidays.

Calculated at 300%, 3. The total working hours in the working hours cycle are more than the week (such as one month. 1 quarter) of the statutory standard working hours. The total amount of time in excess of the time is calculated together (regardless of whether it is a holiday or not).

At 150%, 4. [The average number of hours of extended working hours shall not exceed 36 hours per month.]"More than 36 hours. Overtime should continue to be calculated at 150 per cent.