How exactly is the salary base for overtime pay calculated 100

There are two types of overtime bases: one is the basic salary of the person; The second is the local minimum wage. Neither of these is illegal.

The labor laws issued by the state are all aimed at workers, and social welfare is also firmly in place, but he also considers the economic development of the society, and also gives some policies to enterprises, otherwise enterprises will not survive. If you go bankrupt, let's not talk about overtime pay, and even your job is gone. Let's weigh it up.

Overtime? The double cultivation day is doubled...

Overtime on holidays is 3 times the basic salary, which is the minimal.

Depending on the regulations, the unit may have to add grade bonuses, skill wages, performance wages or something to the basic salary.

Then multiply by 3 times.

How to stipulate can consult the labor department of the unit, the human resources department and these departments.

Usually rest completely depends on the regulations of the unit, but the regulations should be double wages.

Isn't the basic salary in Beijing 1000?

1000 22 8* equals the usual overtime pay.

1000 22 8*2 equals overtime pay on Saturday and Sunday.

1000 22 8*3 equals overtime pay on statutory holidays.

Overtime pay = base salary percentage * number of days.

Monthly salary day calculation: (365 days a year) - (52 weeks a year * 2 rest days = 104 rest days) = 261 days.

261 days) (12 months in a year) = days i.e. the number of working hours per month is one day.

Base salary. The basic salary of general enterprises is the post salary, and some enterprises also calculate according to the minimum wage stipulated by the local government.

Overtime pay is not toBase salary. It is calculated as the base number, but it is based on hail Zheng MoEmployment contractsIt is calculated by stipulating the hourly wage of the employee himself. If the amount of wages is clearly stipulated in the labor contract, the salary agreed in the contract shall be used as the calculation base. Whether the source is calculated based on the basic salary depends on the specificsSalary structure

Where piece-rate wages are implemented, the unit price of piece-rate within the statutory time shall be usedOvertime payThe calculation base of . If the labor contract does not clearly stipulate the amount of wages, or the contract is not clear, the actual wages paid shall be used as the calculation base, and the calculation base shall not be only "basic salary", "post salary" or "post salary", but the overtime pay and food allowance of the previous month shall be deducted.

1. The calculation method of overtime pay stipulated by the state.

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. 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.

2. Overtime pay is taxed in accordance with the law.

Individuals on national holidays.

If you get two or three times the overtime wages for overtime, whether it is "subsidies and allowances issued in accordance with the unified provisions of the state" is exempt from individual income tax. According to China's individual income tax law.

The subsidies and allowances issued in accordance with the unified provisions of the state refer to the special allowances issued in accordance with the regulations.

Academician allowance, senior academician allowance and *** regulations are exempt from individual income tax.

Other Cong Hui subsidies and allowances. Overtime wages do not belong to the subsidies and allowances issued by the state in a unified manner, and shall be incorporated into the salary income and taxed according to law.

So, what do you think about overtime?

It is not a basic salary, because the labor law clearly stipulates that the base of overtime pay is determined according to the total salary on the labor contract.

Of course, this is true, because the labor law stipulates that overtime should be paid at least two times the usual wage.

I think of course this is the case, because that's how the labor law stipulates, and if the company doesn't comply, it can apply for labor arbitration.

Do you also believe in overtime pay? The company doesn't have overtime pay at all, and you can't do anything about it.

Legal analysis: the calculation base of overtime pay: when the amount of wages is consistent with the actual amount paid, the wages agreed in the labor contract shall be used as the calculation base for overtime pay; If there is no clear agreement on the amount of wages, the actual amount of wages of employees shall be used as the basis for calculation; If the employee's salary in the current month is inconsistent with the date of payment of the rent credit bonus in the current month, the total shall be used as the basis for calculating overtime pay; The unit price of the piece during the statutory working hours of the employee shall be used as the basis for calculating overtime pay; Other.

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 in accordance with 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% 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) If a worker is assigned to work on a statutory holiday, he shall be paid a wage remuneration not less than 300 percent of his wages.

Introduction: Whether the calculation base of overtime pay is the basic salary needs to be judged according to the labor contract, because if the amount of wages is not clearly stipulated in the labor contract or the contract is not clear, the actual salary should be used as the calculation base, and only the basic salary or post salary can be used as the calculation base. Therefore, when signing an employment contract with the company, the employee should clarify in advance whether the calculation of overtime pay is counted as the actual work and whether it can be used as the calculation base.

I should know that under normal circumstances, the calculation base of overtime wages should be determined according to the wage standard stipulated in the labor contract, and the normal working hours stipulated in the labor contract and the wage standard corresponding to the position of the employee should be determined.

Composition of the overtime wage base.

According to the provisions of China's labor law, the wages in the labor law mainly refer to the employer's payment to the unit in monetary form in accordance with the relevant provisions of the state and the provisions of the labor contract. As long as the income derived from the work provided by the worker during normal working hours should be included in the scope of wages for the calculation base.

How to determine the wage base for overtime pay.

If it is stipulated in the labor contract that detention pay is calculated as the calculation base, the labor contract should be the main one, and if the labor contract is provided normally, but the wage standard of both parties is higher than the original wage standard, it can be regarded as the calculation base of the actual wage standard as the calculation base of overtime pay.

Summary. Finally, many people in big cities have the experience of working overtime, but the corresponding remuneration is indeed very small, although the law has strict regulations on overtime pay, but in many cases there is no way to handle it in accordance with the provisions of the law, so it is necessary for workers to have a certain sense of law.

If the amount of wages of both parties has been agreed upon when the Labor Contract Law is signed in accordance with the provisions of the Labor Contract Law, the amount of wages paid to the parties is relatively clear, and the overtime pay is calculated separately.

Yes. Every company will have a clear rule, overtime pay is generally the basic salary, and then remove the overtime hours to get a very good daily wage.

Yes, most of the overtime pay is based on the base salary, and if there is a contract, it is based on the amount of the contract, as it can be better calculated.

Overtime pay is multiplied by the overtime hours multiplied by the wage standard per unit (i.e., the number of overtime days multiplied by the daily wage standard, or the number of overtime hours multiplied by the hourly wage standard), and then multiplied by the corresponding multiple in accordance with the provisions of Article 44 of the Labor Law. However, from Article 44 of the Labor Law, we can only know the "multiple" of overtime relative to normal wages, that is, if an employer arranges an employee to work longer working hours, as well as a rest day or statutory holiday, it shall pay overtime wages at the rate of % and 300% of the wages respectively, without the provisions on the wage standard (i.e., daily wage standard or hourly wage standard) for each unit.

This omission is also the root cause of some employers' arbitrary deductions and underpayment of overtime pay to employees. This is a point, the "Shenzhen Employee Wage Payment Regulations" clearly stipulates that the overtime pay should be calculated according to the standard wage of the employee himself or the standard of piece-rate wage. Therefore, China should also issue relevant regulations to clarify the calculation standards of overtime pay, so as to prevent employers from taking advantage of the loopholes of imperfect laws and infringing on the legitimate rights and interests of employees.

The calculation formula for overtime pay (overtime pay) is as follows:

1. Calculation of overtime wages for extended imitation long hours: overtime wages = daily standard wages (or piecework wages) 8 (hours) overtime hours.

2. Calculation of overtime wages on rest days: overtime wages = daily standard wages (or piecework wages) 8 (hours) 2 overtime hours.

3. Calculation of overtime wages on statutory holidays: overtime wages = daily standard wages (or piecework wages) 8 (hours) 3 overtime hours.

1. The statutory three pay days are the number of days.

From May 1st to 5th, there will be a holiday for a total of 5 days. Among them, May 1 is a statutory holiday, and overtime is paid three times. Calculation method of overtime pay on May Day:

1) Calculation of overtime wages on public holidays: overtime wages standard wages (or piecework wages) 8 (hours) 2 Overtime hours (2) Calculation of overtime wages on statutory holidays: overtime wages standard wages (or piecework wages) 8 (hours) 3 Overtime hours, so on May 1 (which is a statutory holiday), overtime wages will be paid at 300% of the average daily wage or hourly wage, and 200% of the average daily wage or hourly wage will be paid on May 2-5 (these four days are public holidays) Overtime pay will be paid separately to calculate, and then the original basic salary for these 3 days will be added.

The calculation base of overtime pay has the following abrasive provisions: the labor contract only stipulates the wage standard, but does not stipulate the overtime wage base, and the wage base of Ganerrujiao is determined according to the wage standard agreed in the labor contract; The labor contract stipulates both the wage standard and the overtime base, and the overtime pay base shall not be lower than the wage standard agreed in the labor contract; The labor contract does not stipulate neither the wage standard nor the overtime base, and the wages due to the employee's normal work are used as the calculation base; Other.

[Legal basis].

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

Under any of the following circumstances, the employer shall pay the employee a wage higher than the employee's normal working hour wage 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 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) 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.