I would like to know if going to work on Saturday counts as overtime?

According to Article 38 of the Labor Law of the People's Republic of China, the employer shall ensure that the employee has at least one day off per week. Therefore, as long as one day off is guaranteed during the week, then going to work on Saturday is not considered overtime.

Article 36 of the Labor Law The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Overtime refers to situations that exceed the above range, such as working hours exceeding 8 hours per day, arranging work on statutory holidays, and arranging work on rest days.

Nowadays, many companies work on Saturdays, so it is recognized in practice.

Article 36 of the Labor Law The State implements a working system in which the daily working hours of workers shall not exceed 8 hours and the average weekly working hours shall not exceed 40 hours.

Article 38 of the Labor Law The employer shall ensure that the employee has at least one day off per week.

Regulations on the working hours of employees》 8 hours per day and 40 hours per week. According to the above regulations, China implements a two-day holiday system, working 5 days a week. Working on Saturdays is a practice of extended working hours, and it should be counted as overtime.

Hello, this situation depends on your company's regulations. If it is individual a few times, then it does not count. If for a long time. Then it's not overtime. In addition, overtime is paid three times the salary of the day. That's how it should be.

Legal Analysis: Working on Saturday does not necessarily count as overtime. Here's why:

1. For the units that implement the standard working hours system of five days a week and eight hours a day, it is not a uniform national regulation to work from Monday to Friday and rest on Saturday and Sunday. The specific working hours depend on the arrangement of the unit, as long as they comply with the work system of no more than five days a week and no more than eight hours a day. For example:

If the position is from Tuesday to Saturday and closed on Sunday and Monday according to the normal arrangement of the unit, Saturday work is not overtime; If Saturday is a rest day, it is considered overtime, and the employer should pay overtime wages. 2. If it is a position that implements a comprehensive working hours system, working on Saturdays does not belong to overtime, as long as the total actual working hours do not exceed the total legal standard working hours in a comprehensive working hours assessment cycle, it is legal; For the excess, it shall be considered as an extension of working hours and remuneration shall be paid in accordance with the provisions of the Labor Code. The employer shall pay the employee's wages in full and in monetary form on a monthly basis, as long as the wages are paid on a monthly basis, even if it is delayed for several days.

If the employer fails to pay wages on a monthly basis, the employee may terminate the labor contract at any time by notifying the employer in accordance with Article 32 of the Labor Law.

Legal basis: Article 36 of the Labor Law of the People's Republic of China The State implements a working hour system in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Article 37 of the Labor Law of the People's Republic of China The employer shall reasonably determine the labor quota and piece-rate remuneration standards for workers who work on a piece-rate basis in accordance with the working hours system stipulated in Article 36 of this Law.

Article 38 of the Labor Law of the People's Republic of China An employer shall ensure that the employee has at least one day off per week.

Article 39 of the Labor Law of the People's Republic of China If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may implement other work and rest measures with the approval of the labor administrative department.

Employees working on Saturdays do not necessarily mean working overtime, and Chinese law does not stipulate that they cannot work on Saturdays, as long as the employer arranges for employees to work an average of no more than 44 hours per week. According to China's current labor laws and regulations, the implementation of the standard working hours system must meet the following three statutory requirements: daily work does not exceed 8 hours; Work no more than 40 hours per week; Take at least one day off per week.

Therefore, if the above three conditions are not exceeded, it cannot be counted as overtime.

Legal basis: Article 36 of the Labor Law The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Article 38 of the Labor Law The employer shall ensure that the employee has at least one day off per week.

Legal analysis: If you count overtime, you can apply for the salary of the first shift. If the contract says that Zhou Rui Hall will work normally, it cannot be counted as overtime.

Legal basis: Labor Law of the People's Republic of China

Article 36 The State implements a system of correcting working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Article 38 The employer shall ensure that the worker has at least one day off per week.

Saturdays and Sundays are closed on Sundays, which is overtime. The normal overtime is doubled, and the overtime on statutory holidays is 3 times. The company maintains at least one day off per week, which cannot be taken up at will.

The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed 44 hours.

Unless the statutory circumstances are met or it is fully reasonable, the employer shall promptly notify the employee and obtain the employee's consent, if the employee does not agree, in principle, it cannot be compulsorily overtime.

Working on Saturdays is several times more expensive.

Overtime wage standard on Saturday and Sunday If you work overtime on Saturday and Sunday, it is overtime on rest days, and the employer should pay 200% of the overtime wage.

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.

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 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) 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.

Article 36 The State implements a system of leniency for workers whose daily working hours shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours. Workers must have a certain amount of rest time.

Article 38 The employer shall ensure that the worker has at least one day off per week. It is necessary to maintain rest time, and not to over-consume the rest time of workers.

Legal analysis: If the employee is assigned to work overtime on Saturday and Sunday, and the employee is arranged to work longer hours, he shall be paid a wage remuneration of not less than 150% of the wage; 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.

Legal basis: Labor Law of the People's Republic of China

Article 36 The State implements a system of working hours in which the daily working hours of laborers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Article 37: For laborers who work on a piece-rate basis, the employing unit shall, in accordance with the working hours system provided for in Article 36 of this Law, reasonably determine their labor quotas and piece-rate remuneration standards.

Article 38 The employer shall ensure that the worker has at least one day off per week.

Article 41 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally 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.

The working hours are 40 hours a week, and if they are exceeded, it is considered overtime.

Not necessarily.

One opinion is that the difference between duty and overtime lies in whether there is a difference between the work content and the work content on weekdays, and "duty refers to the fact that the employer is temporarily responsible for answering, guarding, fire prevention, anti-theft, or for the purpose of dealing with emergencies and emergency official affairs, etc., and arranges the relevant personnel of the unit to take turns to be on duty during non-working hours such as nights, public holidays, and statutory holidays", not overtime work to complete production tasks. Therefore, they cannot enjoy double wages under the labor law; Another opinion is that there is essentially no difference between overtime and overtime, both of which sacrifice the worker's rest time and extend the worker's wage time. Therefore, it is wrong for the employer to require employees to be on duty on holidays and use this as an excuse to avoid overtime wages, and it should be implemented in accordance with the provisions of the Labor Law on double wages for overtime hours.

If the daily working hours do not exceed eight hours, the calculation method is in accordance with the second paragraph of Article 44 of the Labor Law: "If the worker is assigned to work on a rest day and cannot be immortalized, he shall be paid a wage remuneration of not less than 200% of the wage." "If there is a problem of extended working hours in the case of a working day in addition to a six-day workweek, then the calculation shall be in accordance with Article 44, Paragraph 1 of the Labor Code

Where workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of their wages. ”

Of course, ......But I don't know if you have a ...... in your contract