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The Mid-Autumn Festival and the National Day are both statutory holidays stipulated by the state, and overtime pay should be paid to workers according to 300% of the wage standard. However, this overtime pay base is not stipulated in the relevant laws, therefore, some enterprises have clarified the calculation method of overtime pay in the salary system issued by some enterprises: the basic salary is the base, and it is paid according to 300%.
Some employees should be paid basic salary + performance salary, so when calculating overtime pay, only according to the "basic salary" accounting, you will feel that the overtime salary is different from my own calculation, which may be the reason.
In addition, this 300% means that if your salary is 100 yuan a day, in fact, your overtime salary for this day is 200 yuan, then, the total salary for this day is 300 yuan, so it is said to be 3 times the salary. It's not that after you calculate your full attendance salary, it's not right to calculate it as 3 times on the day of the Mid-Autumn Festival.
All in all, I may just think that this 3 times the salary is calculated, why is it always not as much as I calculated? Therefore, it is necessary to take a closer look at your company's compensation management system.
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On October 1, overtime pay for three days. The Mid-Autumn Festival is staggered. Three days of overtime pay. That is, on October 1 and October 2, they will work overtime for three days each. The formulation of overtime wages is stipulated by the state, and no one has the final say.
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The Mid-Autumn Festival and the National Day are one day, and overtime is still three salaries.
Although the two statutory holidays coincide, the overtime and notice are still tripled. According to the holiday regulations, only 1 day on the day of the Mid-Autumn Festival is a statutory holiday, and only 1-3 days of the National Day holiday is a statutory holiday, so if the employee works on the first three statutory holidays during the Mid-Autumn Festival and National Day holiday in 2020, the employer shall pay overtime wages at three times the daily wage, and the cost shall not be offset by compensatory leave.
From October 4 to 7, if an employer arranges an employee to work overtime, it may choose to arrange compensatory time off or pay the employee overtime at a rate not less than twice the employee's daily wage.
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On the same day as the Mid-Autumn Festival and the National Day, is the overtime pay calculated at 6 times the salary?
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The General Office has issued a notice that the holiday arrangements for the National Day and Mid-Autumn Festival in 2020 are: October 1 (Thursday) to 8 (Thursday) for a total of 8 days. September 27 (Sunday) and Saturday, September 10 (Saturday) to work.
According to the provisions of the Labor Law, if an employee is assigned to work on a statutory holiday, the employer shall pay a wage remuneration of not less than 300% of the wage; If a worker is assigned to work on a rest day and cannot be arranged for a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of his wages.
October 1 to 3 is the National Day statutory holiday, and if an employer arranges employees to work overtime on these three days, it generally does not arrange compensatory time off, and needs to pay employees overtime pay at three times the salary.
October 4 to October 8 is a rest day, and if the employer arranges overtime for employees to work overtime on these five days, and cannot arrange compensatory leave, it needs to pay the employee twice the salary for overtime.
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If you work overtime, you will be paid a G3 salary.
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Calculate the overtime pay for a holiday, and it is impossible to give you the accumulated unit overtime will pay you 3 times the overtime pay.
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, only one festival, the whole world celebrates, the boss is afraid that it will not be so detailed, and it is good to have an overtime.
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If it's a holiday, it's usually three times the salary when you usually work overtime, but because it happens to be on the same day this year, if the boss is good, you will be given a little more salary, because on the days of family reunion and National Day, it is generally a direct holiday and overtime.
But some jobs in small cities will not care whether it is a holiday, it may be a day later, and it is required to continue to work, the salary is still according to the usual, there is no triple salary, or mainly depends on the company's remuneration system, if formalized, there is already a perfect system, it will not necessarily double the salary, unless the boss is very good to the employee, maybe it will be added.
If you work overtime on this day, you may be bold enough to come in advance, or you can ask the accountant privately how to calculate the salary if you work overtime on this day, and the premise is that you have a better relationship with the accountant, and you will not say it if the relationship is average.
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The National Day and Mid-Autumn Festival belong to the statutory festival and the overtime pay on the statutory holidays = monthly wage base 300% of the average monthly pay days for the whole year. In addition, overtime pay on rest days = monthly wage base 200% of the average monthly pay days for the whole year Overtime days; Overtime pay on working days = monthly wage base 150% of the average monthly pay days for the whole year Overtime days.
1. What should I do if I arrange for workers to work longer hours?
If the employer arranges for the employee to work longer hours, it shall pay overtime pay according to the following standards: overtime pay on statutory holidays = monthly wage base 300% of the average monthly pay days for the whole year; Overtime pay without compensatory leave on rest days = monthly wage base 200% of the average monthly pay days for the whole year Overtime days; Overtime pay on working days = monthly wage base 150% of the average monthly pay days for the whole year Overtime days.
2. Cannot compensatory leave replace overtime pay?
Except for rest days, employers are not allowed to substitute compensatory time off for overtime pay on working days and statutory holidays. Overtime pay on statutory holidays = monthly wage base 300% of the average monthly pay days for the whole year Overtime days; Overtime pay on rest days = monthly wage base 200% of the average monthly pay days for the whole year Overtime days; Overtime wages on working days = monthly wage base 150% of the average monthly pay days for the whole year Overtime days.
3. How long does it take for labor arbitration to compensate employees for overtime pay?
If the parties apply for labor arbitration, there is no limit on the maximum number of years of overtime pay, and the employer shall pay the corresponding overtime pay for the number of hours the employee works overtime. Overtime pay on statutory holidays = monthly wage base 300% of the average monthly pay days for the whole year Overtime days; Overtime pay on rest days = monthly wage base 200% of the average monthly pay days for the whole year Number of overtime days, etc.
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) 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.
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Legal Analysis: If you count an extra day, you should be paid three times your salary.
Legal basis: Labor Law of the People's Republic of China
Article 36 The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.
Article 37 The employer shall reasonably determine the labor quota and piece-rate remuneration standards for laborers who work on a piece-rate basis in accordance with the working hours system provided for in Article 36 of this Law.
Article 38 The employer shall ensure that the worker has at least one day off per week.
Article 41 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, 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.
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When the Mid-Autumn Festival meets the National Day (whether it coincides or not), the total number remains the same, and it should be 4 legal holidays, so overtime should be counted as four days. On the same day of the Mid-Autumn Festival and the National Day, the overtime pay for the Mid-Autumn Festival on the National Day is still 3 times the salary, and it will not be superimposed. If an employee goes to work on the first three statutory holidays, the employer shall pay overtime wages at three times the daily wage, and such expenses shall not be offset by compensatory leave.
Article 44 of the Labor Law of the People's Republic of China 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 in accordance with the following standards: (1) If the worker is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; 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.
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Soon it will be the National Day and the Mid-Autumn Festival, whenever this time, it is the time for the whole country to celebrate and reunite, and this year's National Day and the Mid-Autumn Festival met once, which is a very rare phenomenon.
Whenever this time, everyone thinks about how many days off, after all, the National Day and the Mid-Autumn Festival are China's statutory holidays, and they are also a good day for the country's happy people's reunion. After all, it was supposed to be the time to go home for the holidays, but because of the needs of the company's work, I had to stick to my post, but I should also get the corresponding remuneration, such as the salary should be doubled these days, and what benefits should be added, so that it is worthy of working overtime during the Mid-Autumn Festival on the National Day.
Many people will consider what the overtime salary will be, there is some news that the overtime pay for the National Day Mid-Autumn Festival is three times the original, that is to say, the National Day Mid-Autumn Festival is three times your usual salary, for this ratio, I am still relatively satisfied, although I sacrificed the time to go home for the holiday, but also correspondingly earned some more money, especially for some people who work in different places, during the National Day and Mid-Autumn Festival, they may not be able to go home because of regional reasons, and their jobs are inseparable from themselves, In the end, he chose to stay and stick to his work, but correspondingly, as long as the overtime salary was **, so that he was willing to work overtime during the festival.
Many people may think that the National Day Mid-Autumn Festival is rare to meet together, such a good day should go home to accompany the family, but you must know that there are many special positions in China that cannot lack too many people at once, such as hospitals, airports, railway stations, etc., like these places are to have people stay at the post, at this time what we can do is to increase them materially, so that they will not be too uncomfortable during the festival, and it can be regarded as a comfort to the people who work overtime during the National Day Mid-Autumn Festival.
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Overtime is to be paid overtime, and the state stipulates the following standards for overtime pay:
During statutory holidays, if an employer arranges an employee to work, it shall pay a wage remuneration of not less than 300% of the employee's salary, and shall not be substituted for compensatory leave or compensatory leave.
During the rest period, if the employee is assigned to work but cannot arrange compensatory or compensatory leave, the employee shall be paid a wage remuneration of not less than 200% of the employee's salary. If the employer does not specify the compensatory or compensatory time off to the employee, the employee has the right to demand double the salary.
If the working hours are extended, the employee shall be paid a wage remuneration of not less than 150% of the worker's wages.
It is illegal for an employer to require an employee to work overtime without paying overtime pay.
According to the Notice on the Conversion of Employees' Average Monthly Working Hours and Wages issued by the Ministry of Labor and Social Security of the People's Republic of China on March 17, 2000, "the average monthly working days and working hours of employees throughout the year are adjusted to days and hours respectively. "Therefore, if the average number of working days in the month exceeds the number of days, or if the average working hours exceed the hours, it shall be regarded as an overtime and overtime pay shall be paid in accordance with the first paragraph of Article 44 of the Labor Law, that is, the overtime pay shall not be less than 150% of the wage.
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The overtime pay for this year's National Day is like this, No. 1-3 is tripled, and No. 4-8 is doubled.
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Recently, many netizens have questioned how to calculate the overtime salary for this year's National Day Mid-Autumn Festival? Normally, according to the national wage standard, it should be settled at three times the usual salary.
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Overtime wages for the National Day Mid-Autumn Festival should be calculated at three times the ordinary salary. According to the laws of our country, all staff who work overtime on holidays are entitled to three times the salary.
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The word "National Day", which originally referred to the celebration of the country, was first seen in the Western Jin Dynasty. Lu Ji, a writer in the Western Jin Dynasty, once recorded in the article "On the Fifth Class Princes" that "the National Day is a unique benefit, and the main worry is not harmful". In the feudal era of our country, the major events of the country's celebration were the emperor's enthronement and birthday (the Qing Dynasty called the emperor's birthday the Long Live Festival) and so on. >>>More
Notice on the issuance of National Day bonuses.
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