The basic salary has been raised, and the boss has not allowed overtime to pay, but the salary has d

Overtime needs to be voluntary!

Illegal. The provisions of the Labor Law on overtime will continue to apply after the implementation of the Labor Contract Law. If overtime pay is not reflected in your monthly payroll records, overtime pay is calculated based on all your wages and not your base salary.

1. How to calculate overtime pay on Saturday.

Overtime pay on Saturdays is calculated at a rate of not less than 200% of wages. Because Saturday is a rest day, the rule of double pay applies. 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. If the employer arranges overtime and does not pay overtime pay, the labor administrative department shall order the employer to pay overtime pay within a time limit.

2. What does salary structure 4500 mean.

The capital base can be understood as the basic salary, and the composition of the basic salary includes all wages and remuneration except bonuses, overtime wages and special labor compensation allowances (such as night shift allowance, high temperature, low temperature, toxic and harmful allowance, mobile construction allowance, etc.). Therefore, the salary base of 4500 means that the basic salary is 4500, and overtime pay, bonuses and other special labor compensation allowances are calculated separately and are not included in the wage base.

3. What is the calculation algorithm for overtime pay?

The calculation algorithm for overtime pay is as follows: the standard for calculating overtime pay per hour is monthly salary divided by 8 times the overtime hours multiplied by multipliers. How to calculate overtime pay on weekends:

Monthly salary divided by 8 times overtime hours multiplied by 2 times. The calculation method of overtime pay on statutory holidays is as follows: monthly salary divided by 8 times the overtime hours multiplied by 3 times.

According to the Labor Law of the People's Republic of China, under any of the following circumstances, the employer shall pay the employee a wage higher than the normal working hours according to the following standards:

1. If a worker is arranged to work longer hours, he or she shall be paid a wage remuneration of not less than 150% of the wage;

2. If the worker is arranged to work on a rest day and cannot arrange a compensatory break, the wage remuneration shall not be 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% of the wage.

Article 44 of the Labor Law of the People's Republic of China provides that under any of the following circumstances, the employing unit 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, they shall be paid wages and remunerations not less than 150 percent 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.

Legal Analysis: Illegal. The provisions of the Labor Law on overtime will continue to apply after the implementation of the Labor Contract Law. If overtime pay is not reflected in the monthly wage payment record, the calculation of overtime pay is based on the amount of all your wages and not the basic salary.

Legal basis: Labor Law of the People's Republic of China Article 44 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) If the employee is arranged to work longer hours, the employer shall pay 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 a compensatory break, Li Shenhong's salary and remuneration shall not be less than 200 percent of his salary; (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.

[Legal Analysis].Illegal. The provisions of the Labor Law on overtime will continue to apply after the implementation of the Labor Contract Law. If overtime pay is not reflected in the monthly payroll record, overtime pay is calculated based on all your salary rentals and not the basic salary.

[Legal basis].Labor Law of the People's Republic of China Article 44 In any of the following circumstances, the employer shall pay the wages and remuneration of the workers in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of 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.

If the boss does not count overtime as wages, he can negotiate or sue. 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.

1. What is the legal content of overtime pay?

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 daily or hourly wage standard stipulated in the labor contract. If the employer arranges to extend the working hours of a worker who is subject to piece-rate wages 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 unit for the statutory time 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 the wages for extended working hours.

2. Under what circumstances is overtime not paid?

1. The occurrence of natural disasters, accidents or other reasons that seriously threaten the safety and health of the people and national property 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. It is necessary to use the suspension period of statutory holidays or public holidays to overhaul and maintain the equipment;

4. In order to complete the emergency tasks of national defense, or to complete other emergency production tasks arranged by the superior in the state plan, as well as commercial, supply and marketing enterprises in the peak season.

In order to run smoothly, many companies will require employees to work overtime compulsorily, and the rest time will be used for overtime will make employees unhappy, and if the company still refuses to pay overtime, as an employee will definitely be angry. So, what should the company do if it forces overtime and does not pay overtime? Follow the network to learn more.

What should I do if the company forces overtime and does not pay overtime?

Resolve it through legal means. In accordance with Article 44 of the Labor Law, if overtime is arranged within a standard working day, a wage remuneration of not less than 150% of the salary shall be paid; If overtime is arranged on rest days and compensatory rest cannot be arranged, a wage remuneration of not less than 200% of the salary shall be paid; If an employee is assigned to work on a statutory holiday, he or she shall be paid no less than 300% of the wage. What should I do if I don't pay overtime pay for overtime, and if the unit refuses to pay overtime pay, it can complain and report to the labor inspection department.

If the employer is in arrears of wages or fails to pay overtime pay, it may, in accordance with the provisions of the Labor Contract Law, directly notify the employer to terminate the labor relationship, require the employer to pay the overtime pay in full, and may require the employer to pay economic compensation.

Employees may file a complaint with the labor inspection department in accordance with the law to demand payment of overtime pay in arrears, or apply for labor arbitration to demand payment of overtime pay and economic compensation.

Labor Contract Law

Article 38 A worker may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

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

If the company has to file a lawsuit for mandatory overtime and does not pay overtime pay, you can provide legal advice.

1. You can only achieve your ideal salary by working overtime. If you position yourself here and work overtime to get the job done better, so as to be appreciated by your boss and open up the career ladder, then don't care about the working hours, and work hard within the limits that your body can bear. For newcomers in the workplace, they are not familiar with the business and cannot complete their work tasks during normal working hours, so they can only make up for it by working overtime, but this should be a short-term process.

If you have been trapped in the cycle of overtime for a long time, you can learn communication skills and time management to improve your work efficiency.

2. Through overtime, you can enhance your core competitiveness and realize your self-worth. Although there is a popular concept now, don't settle for a single identity and career, make good use of the eight hours after work, delve into your field of interest, and enhance your slash ability. However, for most of us, the foundation of our career is still the field we have studied and have been quietly cultivating.

If your current overtime task, in the long run, is conducive to your career development and enhance your core competitiveness, even if it is temporarily unpaid, you can also choose to work overtime.

In general, we do not refuse to work overtime, we refuse to work overtime that cannot achieve self-growth; We don't refuse to work overtime, we refuse unpaid overtime that squeezes cheap labor.

Collect evidence of overtime work and apply for arbitration at the Labor Bureau.

Labor Contract Law of the People's Republic of China.

Article 31 Employers shall strictly enforce the labor quota standards and shall not force or covertly compel laborers to work overtime. If an employer arranges overtime, it shall pay overtime pay to the employee in accordance with the relevant provisions of the state.

Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; 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 at a rate lower than the local minimum wage standard;

3) arranging 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.

If you still want to work in that company, just bear with it.

If you don't want to do it, you can file a lawsuit in arbitration.

Overtime pay is calculated according to wages, and those who must increase the basic salary must increase overtime pay to give a good review.

If you don't pay wages in accordance with the regulations, you can apply for arbitration.

The calculation base of overtime pay can be agreed upon by both parties, and it should not be lower than the minimum wage. An increase in the basic salary does not mean that the calculation base of overtime pay will also increase.