What is the standard for overtime pay on National Day?

According to Article 41 of the Labor Law, an employer shall negotiate with the employee to extend working hours (i.e. overtime). Since it is a negotiation, of course, there should be a consensus on overtime hours and overtime pay, otherwise it is forced labor.

There are only four situations in which overtime work may not be refused: in the event of a natural disaster, accident or other reason, the safety and health of the people and the country's assets are seriously threatened and need to be dealt with urgently; Failure of production equipment, transportation lines, and public facilities, affecting production and public interests, must be repaired in a timely manner; It is necessary to use the suspension period of statutory holidays or public holidays to overhaul and maintain the equipment; 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 the urgent tasks of commercial and supply and marketing enterprises to complete the purchase, transportation, and processing of agricultural and sideline products in the peak season.

In addition to these 4 situations, the employer requires employees to work overtime, and it must be negotiated with the employees. If the employer uses improper means to require employees to work overtime, the employees may refuse. Although the employee may not refuse to work overtime in the above four cases, the employer should still pay overtime wages, which must be paid in accordance with the standards stipulated in Article 44 of the Labor Law.

If labor remuneration or overtime wages are in arrears or deducted, it may be resolved in accordance with Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

The calculation of overtime remuneration shall be carried out in accordance with the following provisions:

1. Article 3 of the "Provisions on the Working Hours of Employees".

2. Article 44 of the Labor Law of the People's Republic of China.

3. Notice on the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year.

Statutory holidays are paid at 300% of wages and rest days at 200% of wages.

According to Article 44 of the Labor Law and Article 13 of the Interim Provisions on Payment of Wages of the Ministry of Labor, during the National Day holiday, if the employer arranges for the employee to work on statutory 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 the employer arranges the employee to work on a rest day in accordance with the law, it shall take compensatory leave at the same time, and if it cannot arrange compensatory leave, it 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.

Statutory holidays refer to the holidays of all citizens stipulated in Article 2 of the National Festival and Memorial Day Holiday Measures, and the National Day holiday refers to October 1, 2 and 3, and the rest are rest days or compensatory holidays.

The daily wage on statutory holidays is three times that of weekdays. Saturdays and Sundays are twice as many as weekdays.

Three days shall be paid three times, and those who take two days off shall be paid double the salary.

30 days, four days are calculated as 3 times the salary, 4-7 days are calculated as 2 times the general holiday.

Overtime on statutory holidays shall be paid at 300% of the person's daily wage.

In accordance with Article 51 of the Labor Law, the employer shall pay wages on statutory holidays, i.e., the 11 statutory holidays stipulated by the state shall not be excluded when converting daily wages and hourly wages.

Accordingly, the conversion of daily wage and hourly wage is: daily wage = monthly wage income and monthly salary days; Hourly wage = monthly wage income (8 hours of monthly paycheck); Monthly pay days = (365 days - 104 days) December = days (Note: 104 days are rest days).

October 1st, 2nd and 3rd National Day are statutory holidays, and overtime pay on statutory holidays = monthly wage base 300% of the average monthly pay days for the whole year Overtime days; If you work overtime on the 4th, 5th, 6th, or 7th days and cannot arrange compensatory leave, the overtime pay on the rest day = monthly wage base 200% of the average monthly pay day for the whole year The number of overtime days regretted.

[Legal basis].

Article 44 of the Labor Law of the People's Republic of China.

In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the employee's normal working hour wage in accordance with the lower Biquelier standard:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wages 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% 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.

1. How to calculate overtime pay for National Day Normally, the statutory holiday time for National Day is from October 1st to 7th. Among them, the 1st to the 3rd is a statutory holiday, and the 4th to 7th is a weekend for 4 days. If an employer arranges an employee to work overtime on three days of a statutory holiday (i.e., October 1, 2 and 3), it shall pay the employee overtime wages at a rate not less than 300% of the employee's daily or hourly wage.

The calculation formula is: overtime pay on statutory holidays = calculation base of overtime wages If the employer arranges overtime work for the remaining four days and cannot arrange compensatory leave, it shall pay wages and remuneration of not less than 200% of the salary. 2. How to calculate the rest of the overtime wages Statutory holidays:

Overtime wages shall be paid at a rate not less than 300% of the average daily wage or hourly wage of the previous month by the employee Holiday overtime wage = calculation base of overtime wages Public holidays: Overtime wages shall be paid separately at a rate not less than 200% of the average daily wage or hourly wage of the previous month by the employee Excessive wages on public holidays = the calculation base of overtime wages The basis for calculating overtime wages shall not be lower than the wages and remunerations due to the position where the employee is employed. If it is lower than the city's minimum wage standard, the city's new minimum wage standard will be used as the base.

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 according to the following standards: (1) If the worker is arranged to work longer hours, the employer shall pay the employee a wage remuneration of not less than 150 percent 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) 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. Every year, the National Day is basically a 7-day holiday, and most of them are concentrated on October 1-7.

However, if the employee is assigned to work overtime during this period, the calculation standard for overtime pay may be different. Under normal circumstances, if overtime is arranged in the first three days, the overtime pay will be calculated as 3 times, and if overtime is arranged in the last four days, the overtime pay can only be calculated according to 2 times.