11. Is there such a thing as triple pay in law?

The reporter learned yesterday that if the employer arranges employees to work overtime on October 1, 2, 3, and 6, the employer needs to pay three times the standard overtime wage. According to the National Day and Mid-Autumn Festival holiday arrangements released by the General Office, there will be a holiday from October 1 to 8, a total of 8 days. Among them, October 1, 2 and 3 are national holiday holidays; Closed as usual on the 4th; Saturday on the 3rd was rescheduled to the 5th; The Mid-Autumn Festival on the 3rd was moved to the 6th; The public holidays of September 27 and October 10 have been moved to October 7 and October 8.

Started work on September 27 and October 10. According to the relevant laws and regulations, if the employer arranges overtime work on statutory holidays, it shall pay the overtime wages at a rate not less than 300% of the employee's daily or hourly wages on the basis of the normal payment of the employee's wages. In other words, on October 1st, 2nd, and 3rd days, overtime pay will be implemented at three times.

The holiday on October 6 is adjusted from the Mid-Autumn Festival on October 3 and is regarded as a statutory holiday. Therefore, overtime pay is also paid at three times the standard rate. October 4th, 5th, 7th, 8th and 4 days, which are public holidays or adjusted from public holidays, according to laws and regulations, if the employer arranges employees to work overtime on these days, it may arrange compensatory rest without paying overtime wages, and if no compensatory time off is given, it shall pay overtime wages at a rate not less than 200% of the employee's daily or hourly wage.

It is reported that when determining the calculation base of overtime wages, if there is an agreement 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. If there is no stipulation in the labor contract, it may be specified in the collective contract by the employer and the employee representatives through collective negotiation. If there is no such agreement between the employer and the employee, it shall be determined at 70% of the employee's regular monthly salary for attendance.

If the calculation base of overtime wages determined by the above measures is lower than the minimum wage, it shall be calculated according to the minimum wage, and the current monthly minimum wage standard is 960 yuan. (Labor Daily).

There are clear provisions in the labor law, but no unit enforces them! This is the current situation in China, and it is also the sadness of the law!

This is what the labor law stipulates, but many units do not follow the labor law.

The legal requirement for a maximum of 11 months of double pay is the Labor Contract Law of the People's Republic of China.

In some cases, the employee may request the employer to pay double wages, but generally when the employer does not sign a written employment contract within the prescribed time, the employer is required to pay double wages. However, there is also a time limit for the payment of double wages, and a maximum of 11 months of double wages can be claimed. The circumstances under which 11 double wages are paid are as follows:

1. If the employer has not signed a written labor contract with the employee for more than one month but less than one year from the date of employment, the employer shall pay the employee twice the monthly wage;

2. If the employer violates the provisions of this Law by not entering into an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.

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

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

If the employer violates the provisions of this Law by not concluding an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded. Article 83 Where an employer violates the provisions of this Law by agreeing on a probationary period with a worker, the labor administrative department shall order it to make corrections; If the probationary period has been fulfilled in violation of the law, the employer shall pay compensation to the employee according to the period that has been performed beyond the statutory probationary period, based on the employee's monthly salary at the end of the probationary period. Article 84 Where an employer violates the provisions of this Law by seizing a worker's resident identity card or other documents, the labor administrative department shall order the worker to return the worker within a specified period of time and impose a penalty in accordance with the relevant laws and regulations.

If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation.

Where a worker dissolves or terminates a labor contract in accordance with law, and the employer seizes the worker's file or other items, it shall be punished in accordance with the provisions of the preceding paragraph.

Legal analysis: The 11th statutory holiday is three times the salary for three days.

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 wage for normal working hours according to the following standards: (1) if the employee is arranged to work longer hours, the employer shall pay the employee 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 compensated for a break, he shall be paid a wage remuneration of not less than 200 percent of the wage; (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: Double wages can be paid for up to 11 months, and the starting date for the employer to pay double wages to the employee every month is the day after the expiration of one month from the date of employment, and the deadline is the day before the supplementary labor contract. If the labor contract has not been signed within one year from the date of employment, double wages shall be paid from the day after the expiration of one month from the date of employment to the day before the expiration of one year, and the contract with an indefinite term has been signed on the day of the expiration of one year.

If the labor contract has not been signed within one year from the date of employment, double wages shall be paid from the day after the expiration of one month from the date of employment to the day before the expiration of one year, and the contract with an indefinite term has been signed on the day of the expiration of one year. In this way, double pay can be paid for up to 11 months. When the employer initiates the statute of limitations for arbitration, the double wages of the person who has not signed a written labor contract shall be reduced by one month after the expiration of one year from the date on which the parties know or should have known that their rights have been infringed, and the double wages shall be reduced by one month until the end of 11 months, and no compensation shall be paid for one month; For double wages without an open-ended contract, the limitation period for arbitration shall be one year from the date on which the parties know or should have known that their rights have been infringed, and one month shall be counted as one month for one month of work, with a maximum of 12 months.

Due to the one-year statute of limitations, the maximum number of months of double wages for those who have not signed a written employment contract and an indefinite-term contract cannot exceed 12 months.

Legal basis: Labor Law of the People's Republic of China Article 48 The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.

The wages paid by the employer to the employee shall not be lower than the local minimum wage.

Labor Contract Law of the People's Republic of China

Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

Article 44 Under 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 standards listed in the following prefectures: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations 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.

Derivative question: What is the calculation method of double pay?

1. The calculation base of double wages. It is calculated according to the salary due for the corresponding month, excluding one-time incidental rewards and subsidies such as year-end bonuses. If it is not possible to verify the wage standard, the actual salary amount agreed by both parties shall be used as the basis.

2. The calculation time of double wages. If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, the starting time shall be the day after the expiration of one month from the date of employment to the day before the written labor contract is supplemented.

Legal analysis: The 11th statutory holiday is three times the salary for three days.

Legal Basis:

Labor Law of the People's Republic of China Article 44 In any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for normal working hours according to 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 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 shall be paid a wage remuneration of not less than 300 percent of the wage.

If an employer works on a statutory holiday, it shall pay wages and remuneration not less than 300% of the daily wages or hourly wages stipulated in the labor contract. The overtime pay for work arranged on statutory holidays shall be calculated based on the standard agreed in the labor contract, that is, the wage standard corresponding to the position (position) of the employee as stipulated in the labor and employment training contract. If there is no stipulation in the labor contract, it shall be calculated in accordance with the provisions of the collective contract.

If there is no agreement in the labor contract or the collective contract, it shall be calculated according to the actual wage standard during the normal working period of the person.

The wage standard for the arrangement of statutory holidays is: daily overtime wage = monthly wage; Hourly wage = monthly wage.

Legal basis] Article 44 of the Labor Law, in any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the employee for normal working hours according to the following standards:

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) 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.