Overtime hours and wage issues 10

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.

According to the provisions of the labor law, the comprehensive calculation of working hours can be calculated according to the quarterly, semi-annual and annual overtime hours, if your company is according to the quarterly settlement cycle, then the current month's salary payment is not the end of the quarter can not pay overtime wages, according to a quarter according to the standard of 5 days a week, 8 hours a day after the standard settlement, the excess part is all counted as overtime wages, this part of the overtime wages are paid according to the daily wage standard of the wage, and the overtime work on statutory holidays is paid according to 3 times.

If this month belongs to the last month of the billing cycle, it is illegal, and if it does not belong to the last month, it is legal. After the comprehensive calculation of working hours, the overtime salary can be changed from 2 times to double, which is the most important thing for the company.

Ordinary overtime hours are calculated from Monday to Friday after the normal eight-hour working hours, Saturdays and Sundays are counted as overtime hours all day, and statutory holidays are all counted as overtime hours.

Overtime on weekdays is multiplied by hourly wages, overtime on weekends is multiplied by 2, holidays are multiplied by 3, and then your basic salary and attendance bonus are added to your salary.

The Labor Law of the People's Republic of China stipulates that employees cannot work overtime for more than one hour per day, and the employer can only extend the working hours after reaching an agreement with the employee due to the needs of production and operation, and overtime should not become the normal working state of the employee every day, as long as the employee works overtime, the employer has to spend overtime pay. The following is a detailed answer to the question of how long overtime hours cannot be exceeded per day under the labor law.

1. The Labor Law stipulates that overtime hours cannot be exceeded per day

1. Employees cannot work overtime for more than one hour per day, and the employer can only extend the working hours after reaching an agreement with the employee due to the needs of production and operation, and overtime should not become the normal working state of the employee every day, as long as the employee works overtime, the employer has to spend overtime pay;

2. Legal basis: Article 41 of the Labor Law of the People's Republic of China.

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.

2. How to calculate overtime wages

1. Under 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 following standards:

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

2) If a person with a slow working posture is arranged to work on a rest day and cannot arrange a compensatory holiday, he or she shall be paid a wage remuneration of less than 200% of the wage;

3) If the employee is assigned to work on a statutory holiday, he shall be paid a wage remuneration of not less than 300% of the wage;

2. 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;

3. For workers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system stipulated in Article 36 of this Law;

4. The employer shall ensure that the employee has at least one day off per week;

5. 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;

6. The employer shall arrange leave for employees during the following festivals in accordance with the law:

1) New Year's Day; 2) Chinese New Year;

3) International Labor Day;

4) National Day;

5) Other holidays stipulated by laws and regulations.

In summary, although the law stipulates that the daily overtime hours cannot exceed one hour, if there are special reasons, the overtime hours can be extended to three hours per day under the condition of ensuring the health of the employee, and the overtime pay for overtime work varies from time to time. I hope the above content can be helpful to you, if you have any other questions, you can click the button below to consult, or consult a professional lawyer.

Overtime pay is 150% of the employee's salary 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. If there is a stipulation on wages in the labor contract, it shall be determined according to the wage standard corresponding to the position of the employee as agreed in the labor contract.

In the specific conversion, the worker also needs the rules of matching before the socks are dissolved. Under normal circumstances, the employer's monthly salary does not include the salary for rest days. At present, the average number of working days and working hours of employees in the whole year are days and hours, respectively, while the average monthly pay days and pay hours are days and 174 hours respectively, and the daily and hourly wages of employees are converted according to the salary time.

The calculation method is: overtime pay on statutory holidays = 300% of the monthly wage base days, overtime wages on rest days = 200% of the overtime days of the monthly wage base.

Half an hour of overtime is counted as overtime pay. The law stipulates that employers shall pay overtime pay according to the corresponding wage rate. If you work overtime on a statutory holiday, you need to pay three times the salary, if you work overtime on a rest day, you will be paid double the salary, and if you work overtime after work, you will be paid double the salary.

[Legal basis].

Article 41 of the Labor Law stipulates that due to the needs of production and operation, an 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. Article 44 Where any of the following forms of laughter is presented, the employer shall pay the worker a wage remuneration higher than the wage for normal working hours according to the following standards: (1) If the worker is arranged to work longer hours, the wage and remuneration shall not be 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) 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.

Hourly workers, i.e., full-time workers who are not bad workers, should be paid overtime pay for overtime. Overtime work on statutory holidays shall be paid at a rate not less than 300% of the employee's standard wage. Article 44 of the Labor Law stipulates that under any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage 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) 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 basis: Article 44 of the Law on the Movement of Labor and Hunger.