Is overtime pay reasonable? Does overtime pay count as wages?

According to Article 44 of the Labor Law and Article 13 of the Interim Provisions on Wage Payment of the Ministry of Labor, overtime wages shall be calculated in the following ways:

1. Overtime on working days: hourly overtime wage standard = monthly wage standard stipulated in the labor contract (monthly salary days and hours) 150%;

2. Overtime on rest days: daily overtime wage standard = monthly wage standard stipulated in the labor contract: ; the number of days of monthly payroll;

3. Statutory holidays; Daily overtime wage standard = monthly wage standard stipulated in the labor contract:; the number of days of monthly payroll;

Labor. 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.

Ministry of Labour and Social Security.

Notice on Issues Concerning the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year

Lao She Bu Fa [2008] No. 3.

In accordance with Article 51 of the Labor Law, employers shall pay wages on statutory holidays in accordance with the law, i.e., the 11 statutory holidays stipulated by the state shall not be excluded when converting daily wages and hourly wages. Accordingly, the daily wage and hourly wage are converted as:

Daily wage: monthly salary income Number of days of monthly salary.

Hourly wage: monthly salary income (8 hours of paid days per month).

Monthly payroll days = (365 days - 104 days) December = days.

How overtime pay is calculated on weekdays:

Monthly wages and overtime hours are multiplied;

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.

Article 44 of the Labor Code.

Double, overtime 2, holiday work 3 times, so calculated.

The calculation standard of wages including overtime pay is as follows:

1. Overtime on working days needs to be paid double the salary of overtime hours;

2. Overtime on public holidays needs to be paid double salary (monthly salary income divided by 200%);

3. Overtime on holidays needs to be paid three times the salary (monthly salary income divided by 300%).

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 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.

Enterprises may formulate an overtime system that does not contradict national laws, and pay overtime wages not lower than the statutory standard for overtime work that meets the overtime system;

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", and if the employee voluntarily works overtime, the employer may not pay overtime wages in accordance with the above provisions.

Legal basisArticle 31 of the Labor Contract Law of the People's Republic of China.

Employers shall strictly enforce labor quota standards and shall not force or covertly compel workers 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.

Overtime is a common work phenomenon, but unreasonable overtime may have a bad impact on the physical and mental health of employees, and even affect work efficiency and productivity.

If you're experiencing unreasonable overtime, here are some ways to cope:

1.Understand company policies and laws and regulations.

First, you need to understand your company's policies and laws and regulations to determine if there is unreasonable overtime. If the company's policies and laws and regulations stipulate related matters such as overtime hours and overtime pay, you can refer to these regulations to assess whether your overtime is reasonable.

2.Communicate with superiors.

If you think that the overtime hours are too long or the overtime pay is unreasonable, you can communicate with your superiors. When communicating, you need to express your thoughts and demands clearly, and provide relevant evidence and data to support them. If the superior can understand your situation and respond reasonably, then the problem may be resolved.

3.Ask for help.

If your superiors are unable to solve the problem, you can seek help from someone else. For example, you can ask for help from the human resources department or a trade union. These departments often have dedicated personnel to handle employee complaints and grievances, who may be able to provide more professional advice and support.

4.Look for other job opportunities.

If you don't think your company's overtime policy meets your needs, you may consider looking for other job opportunities. When looking for a job, you can prioritize companies that focus on employee benefits and work balance to avoid unreasonable overtime situations again.

In short, when you encounter unreasonable overtime situations, you need to analyze and deal with them rationally.

When dealing with it, you need to understand company policies and laws and regulations, communicate with superiors, ask for help, or look for other job opportunities. Either way, you need to stay calm and rational in order to better solve the problem.

Legal analysis: Under normal circumstances, Saturday and Sunday belong to the employee's rest time, and if the company arranges overtime on the employee's rest day for its own production needs, it should pay the employee's overtime salary in accordance with the regulations. However, it is a special situation to arrange overtime on weekends, and if the company has compensatory time off later, it is also possible to avoid paying overtime wages.

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 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: If an employer arranges an employee to work overtime, it shall pay the employee overtime pay according to the following formula: overtime wage on working days = monthly wage base 150% of the average monthly pay days for the whole year; Overtime pay on rest days = monthly wage base 200% of the average monthly pay days for the whole year Overtime days; Overtime pay on statutory holidays = monthly wage base 300% of the average monthly pay days for the whole year Overtime days.

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 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.

Calculate. Legal basis: Article 4 of the Provisions on the Composition of Total Wages is composed of the following six parts:

a) Hourly wages. (2) Piecework wages. (3) Bonuses.

iv) Allowances and subsidies. (5) Overtime wages. (f) wages paid in special circumstances".

1. The scope of double wages stipulated in Article 87 of the Labor Contract Law shall be subject to the above provisions. 2. Since overtime pay belongs to the category of wages, overtime pay is naturally included in the double salary.

Legal Analysis: Not necessarily. According to the regulations, the company arranges overtime on rest days, and can give priority to compensating employees when compensating employees, and if they can't take time off, they must pay overtime pay to compensate employees.

Therefore, after the company requires overtime, it is not necessary to pay overtime pay, in order to ensure that the employees who have withered grandchildren maintain their physical strength, the conditional situation is to give priority to arranging compensatory leave, followed by paying overtime pay.

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 the normal working hours without the chain according to the following standards: (1) If the employee is arranged to work longer hours, the employer shall pay the wage remuneration not less than 150% 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.

The employer should pay overtime pay for arranging overtime, and it is illegal not to pay overtime pay.

It should be judged according to the nature of the work. According to the relevant regulations, the state implements an eight-hour work system, that is, workers shall not work more than eight hours per day and 44 hours per week. It is illegal to be sensitive early and not pay overtime beyond that.

However, due to the needs of production and work, the employer must negotiate with the employee to extend the working hours, i.e., overtime, with the consent of the labor union. However, overtime is not an unlimited extension of working hours, and the employer should appropriately extend the working hours by one to three hours according to the physical condition of the employee.

Legal basisArticle 36 of the Labor Law of the People's Republic of China states that the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.