Is there overtime pay for new employees on National Day?

Whether it is a new employee or an old employee, they are all workers under the labor law, and if they work overtime, the enterprise shall pay overtime pay in accordance with the law.

According to the labor law, the normal working hours are 8 hours a day, 5 days a week. If this standard is exceeded, the company should pay overtime pay. Specific to the 7-day National Day holiday, October is a statutory holiday, and if the company arranges employees to work overtime, it shall pay wages not less than three times the usual salary.

For example, if your usual salary is 30 yuan a day, then the overtime pay is 90 yuan a day. The company's practice of fixing 50 yuan in overtime pay is not legal. The remaining 4 days of the 7-day holiday are two weeks.

6. On Sunday, if you work overtime, the company shall pay no less than twice the usual wage, that is, 60 yuan a day. You are the week before.

6. If there is overtime work on Sunday, the overtime wage shall be twice the usual salary, and if the overtime work is unexpectedly carried out in 8 hours from Monday to Friday, the overtime wage shall be twice the usual wage.

Bounty Points: 15 - 14 days and 16 hours until the end of the question.

I only joined the company on September 21 this year. I resigned on October 8, during which I didn't have a day off, and there were overtime hours on 7 days of National Day, because it was a service industry, so the National Day working hours were even longer than usual, and I just entered the company and was only a probationary period, and I didn't sign a contract with the company.

I heard from a colleague that the company will only give new employees 50 yuan overtime pay on the National Day (7 days in total), is this right?

According to the current labor law, there is only overtime pay for 3 days on 1, 2, and 3.

Yes. Statutory holidays. A must-have.

Of course there is, both old and new.

The overtime pay for three days on the National Day is 3 times the salary, and no compensatory leave is allowed.

October 1st, 2nd and 3rd National Day are statutory holidays, and the overtime pay shall not be less than 300% of the salary; The other 4 days are weekends and weekends, and the enterprise decides to arrange compensatory leave or overtime pay, and the overtime pay is not less than 200% of the salary.

[Legal basis].

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

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) Where a worker is arranged to work for an extended period of time, a wage remuneration of not less than 150 percent of the wages shall be paid;

2) If a person is assigned to work on a rest day and cannot arrange a compensatory holiday, he or she shall be paid a salary remuneration of not less than 200% of the salary;

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.

Calculation of overtime wages on National Day:

Statutory holidays: Overtime wages shall be paid at a rate not less than 300% of the average daily wage or hourly wage of the previous month. That is, if an employee goes to work on a three-day statutory holiday from October 1 to October 3, the employer shall pay overtime wages at 300% of the daily wage, and this amount shall not be offset by the compensatory holiday month.

Public holidays: Overtime pay shall not be less than 200% of the average daily wage or hourly wage of the previous month. That is, from October 4 to 7, if the employer arranges the employee to work overtime, it can choose to arrange compensatory rest for the employee or pay the employee overtime wages at a rate not less than 200% of the employee's daily wage.

Holiday overtime pay = the calculation base of overtime pay

The base for calculating overtime wages shall not be lower than the wages and remuneration due to the position in which the worker is employed; If it is lower than the city's minimum wage standard, the city's new minimum wage standard will be used as the base.

Overtime pay will be paid at 300% of the salary for overtime work on October 1, 2 and 3, and 200% of the overtime pay will be paid for overtime work that cannot be compensated for the rest of the time.

During the National Day holiday, October 1st, 2nd and 3rd are statutory holidays, and the rest are rest days or compensatory holidays. According to Article 44 of the Labor Law and Article 13 of the Interim Provisions on Payment of Wages of the Ministry of Labor, if the employer arranges the employee to work on October 1, 2 and 3, 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 the employee is assigned to work for the rest of the time, he shall take compensatory leave, and if he cannot take compensatory leave, he shall be paid the employee's salary at a rate not lower than 200% of the employee's daily or hourly wage as stipulated in the labor contract.

The statutory holidays during the National Day are 1-3, 4-7 belong to weekends, and are adjusted with rest days before and after, and work at will on 4-7 to see how the rest days before and after the National Day are arranged, if you go to work on September 26 and October 9, then the 4-7 are overtime on rest days, you can take time off, or pay 200% of your salary, if you don't go to work on September 26 and October 9, then only 2 days are counted as overtime.

I'm sorry, the national holiday is the 123rd, 4-7 no overtime pay, you check the status of the national statutory holidays.

The employee could have unilaterally terminated the labor contract. However, 30 days' written notice may be given.

If you're on probation, say 3 days in advance and you'll be gone.

And even if you leave, the employer has to pay you a salary, and you will get paid for as long as you work.

If you meet the following conditions, you can just go, and you can also ask the employer to pay double the severance if you go:

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

According to national regulations, there is overtime pay for overtime on holidays, if not, you can complain to me A salary of 3000 a month, 3 days of overtime on National Day, and 100 overtime pay per day.

No, you can complain about the money you owe.

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, "Country. Business. Article 3 of the Provisions of the Hospital 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.