Will there be subsidy measures for overtime during the National Day Mid Autumn Festival holiday?

According to national regulations, there are multiple times the salary, and working on holidays is counted as overtime. For example, some jobs must have someone to work, so the company will arrange for the staff on duty to work, usually three times or double the salary.

There should be subsidy measures, and there are clear provisions on the subsidy for overtime during holidays, especially statutory holidays and holiday overtime, and there will be subsidy measures for overtime on the same day as the Mid-Autumn Festival and National Day this year.

Yes, the state stipulates that overtime work on holidays needs to be paid three times the usual salary, otherwise the worker can go to the court to apply for a lawsuit.

It is still 3 times the salary, and the statutory holiday is postponed by one day, and the salary is also 3 times.

Generally speaking, there is a subsidy, and overtime work on statutory holidays is generally three times the salary, and some companies may have some other subsidies, such as buying you afternoon tea, supper, etc.

There will be subsidies, and wages should be doubled on the day, but this is only for those more formal enterprises, and it is difficult to say about those that are not formal.

According to the provisions of the Labor Law, overtime pay shall be paid if work is not compensatory for rest days, and overtime pay shall be paid for overtime work arranged on statutory holidays, which cannot be replaced by compensatory leave.

The National Day is a three-day national statutory holiday: October 1st, 2nd and 3rd, and if the employee is arranged to work on the statutory holiday, he or she shall pay no less than 300% of the overtime pay.

Measures for National Festivals and Memorial Day Holidays".

Article 2 Holidays for all citizens:

1) New Year, 1 day off (January 1);

2) Spring Festival, 3 days off (at the beginning of the first lunar month.

First, the beginning. 2. The third year of junior high school);

3) Ching Ming Festival, 1 day off (on the day of Ching Ming in the lunar calendar);

4) Labor Day, 1 day off (May 1);

5) Dragon Boat Festival, 1 day off (on the day of the Dragon Boat Festival in the lunar calendar);

6) Mid-Autumn Festival, 1 day off (on the day of the Mid-Autumn Festival in the lunar calendar);

7) National Day, 3 days off (October 1, 2, 3).

Article 44 of the Labor Law 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) 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) 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 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.

Can I not pay overtime pay for compensatory leave during the National Day holiday?

October 1 to 3 is a legal holiday; The second is a rest day, from October 4 to 7, a total of 4 days are rest days.

If an employer arranges an employee to work overtime during the statutory holidays from October 1 to 3, it shall pay overtime wages at a rate not less than 300% of the daily or hourly wage base; If an employee is scheduled to work overtime during the rest period from October 4 to 7, he or she shall be given compensatory rest at the same time, and if the compensatory rest cannot be arranged, the overtime wage shall be paid at a rate not less than 200% of the daily or hourly wage base.

For the unit to arrange employees to work overtime during the National Day, but refuse to pay their overtime wages, citizens can call the city's labor security **12333 to report.

The National Day holiday is seven days, of which three days are statutory holidays, and the salary is three times; The other four days belong to weekends and Sundays, and the salary is doubled. Specifically, only October 1st, 2nd, and 3rd are statutory holidays, and the remaining 4 days are exchanged for weekends before and after. Therefore, overtime pay must be paid for overtime on 1 3 days (calculated at 300%), and overtime on weekends for the other 4 days, and the enterprise decides whether to arrange compensatory leave or overtime pay.

When calculating overtime wages, the daily wage is converted into the average number of days per month, and the hourly wage is divided by 8 hours on top of the daily wage. When determining the calculation base of overtime wages, if the labor contract clearly stipulates the wages, it shall be determined according to the wage standard not lower than that corresponding to the position of the employee. If there is no clear stipulation on wages in the labor contract, it shall be implemented in accordance with the provisions of the collective contract.

If there is no agreement between the employer and the employee, it shall be determined at 70% of the employee's monthly salary for normal attendance.

The right to claim overtime pay.

Lawyer Yu Yuanjun.

Can I not pay overtime pay for compensatory leave during the National Day holiday?

It is okay not to pay overtime wages and take two compensatory breaks, but at least one day of overtime and three days of compensatory leave, which is stipulated by the labor law.

No! Article 44 of the Labor Law: 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) 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) 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 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. According to this regulation, wages must be settled on weekdays and statutory holidays, except for weekends, which can be arranged for compensatory holidays.

New Year's Day and National Day overtime wages and compensatory leave regulations cannot be arranged, and only three times the salary can be paid. 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 multiplied by 8 hours) multiplied by 150%;

2. Overtime on rest days: hourly overtime wage standard = monthly wage standard stipulated in the labor contract (monthly salary days multiplied by 8 hours) multiplied by 200%;

3. Statutory holidays; Hourly overtime wage = monthly wage standard stipulated in the labor contract (monthly pay days multiplied by 8 hours) multiplied by 300%.

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 wage income (the number of paid days in the month multiplied by 8 hours).

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

1. What is the calculation base of the salary of the spine annihilation shift?

In order to accurately calculate overtime pay, it is first necessary to correctly determine the calculation base of overtime pay, and the following points must be grasped in practice:

1. If the labor contract clearly stipulates the amount of wages, the wages agreed in the labor contract shall be used as the basis for calculating overtime pay. It should be noted that if the wage items in the labor contract are divided into "basic salary", "post salary", "post salary", etc., overtime pay shall be calculated based on the sum of various wages, and cannot be calculated based on "basic salary", "post salary" or "post salary".

2. If the labor contract does not clearly stipulate the amount of wages, or if the contract is not clear, the actual salary shall be used as the calculation base. All wages, bonuses, allowances, subsidies, etc., paid directly by the employer to the employee belong to the actual wages, and the body includes several components of the "total salary" stipulated in the Interpretation of the National Bureau of Statistics on Several Specific Scopes of the Provisions on the Composition of Total Wages. However, it should be noted that when the actual wage can be used as the basis for calculating overtime pay, overtime pay, food allowance and labor protection subsidy should be deducted and cannot be included in the calculation scope.

3. When determining the average daily wage and average hourly wage of employees, the monthly working hours shall be converted in days and hours in accordance with the provisions of the Notice of the Ministry of Labor and Social Security on Issues Concerning the Conversion of Employees' Average Monthly Working Hours and Wages.

4. If piece-rate wages are implemented, the unit price of piece-rate within the statutory time shall be used as the basis for calculating overtime pay.

5. If the calculation base of overtime pay is lower than the local minimum wage standard of the current year, the daily and hourly minimum wage standards shall be used as the base.

1. Overtime work on Mid-Autumn Festival and National Day violates the labor law. According to the current Labor Law, "due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers. Generally not more than 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.

II[Legal basis].Article 40 of the Labor Law stipulates that an employer shall arrange leave for employees during the following holidays in accordance with the law: (1) New Year's Day; (2) Spring Festival; International Labor Day; National Day; (5) Other holidays and holidays provided for by laws and regulations.

Article 4 Due to the needs of production and operation, the employer may, after consultation with the labor union and the laborers, extend the working hours, which shall generally 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.

Legal analysis: It is illegal for the company to arrange compensatory leave without overtime pay for overtime on the National Day, and the National Day is a statutory holiday for Chongyin, and overtime must be paid for overtime. Article 14 of the Labor Law stipulates that:

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

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee 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.