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If the employer refuses to pay, the employee can apply for labor arbitration and require the employer to pay his wages and overtime pay during the overtime work period on weekdays, Saturdays and Sundays. How to apply for labor arbitration: 1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration
2 copies of the application for arbitration and 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing). 2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court; 3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit. An application for labor arbitration can recover overtime wages from two years ago, but the employee needs to bear the full burden of proof.
The calculation method of overtime pay on working days: monthly wage, overtime hours, times; Calculation method of overtime pay on weekends and weekends: 2 times the number of overtime hours of monthly wages; Calculation method of overtime pay on statutory holidays:
Monthly wage: 3 times the number of overtime hours. Evidence to prove overtime hours mainly includes: attendance sheets, timecards, overtime approval forms, overtime notices, surveillance videos, witness testimony, written records of the work done during overtime, e-mails, etc.
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 in accordance with the following standards: (1) If the employee is arranged to work longer hours, the employer shall pay 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 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. Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself on a monthly basis in the form of money.
Wages shall not be deducted or unjustifiably delayed. Article 18 of the Interim Provisions on Payment of Wages shall have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
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You ask why you work overtime from the 5th to the 7th. There are times in overtime, and some are double, that's because the five to the seventh should be twice the salary, it can't be doubled, that means there are other reasons, you can ask what the reason is?
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This is like this, the overtime on the three-day holiday on the National Day should be tripled, and then the Mid-Autumn Festival is a day of overtime pay is also tripled, and then the weekend overtime may be encountered and then doubled, after the weekend is the normal overtime is one and a half times, if there is still a problem, then you should find personnel to check it.
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If you are talking about today's October, according to national regulations, the 5th to 6th are calculated as 2 times, and the 7th is normal and doubled, if so, it should be not wrong.
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Because of the holidays, most people are not willing to work overtime, so the salary is doubled. Ensure the normal operation of the enterprise.
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Legal analysis: Saturday overtime is 2 times. Overtime pay stipulated in the Labor Law is divided into three cases: working days, weekends and statutory holidays
The calculation method of overtime pay on working days: monthly wage, overtime hours, times; Calculation method of overtime pay on weekends and weekends: 2 times the number of overtime hours of monthly wages; Calculation method of overtime pay on statutory holidays:
Monthly wage: 3 times the number of overtime hours.
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 remuneration higher than the wages of the employee's 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) 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.
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Legal Analysis: Double. Employees are not paid on rest days, and the wages paid by the employer on a monthly basis do not include the wages on rest days.
Therefore, if an employer arranges an employee to work overtime on a rest day, it should pay 200% of the normal wage, and it cannot be considered that 100% of the overtime wages for the other employees have been included in the normal wages, so only 100% of the overtime wages will be paid.
Legal basis: Labor Law of the People's Republic of China
Article 44.
Under any of the following circumstances, the employer shall pay the employee a salary 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 wage 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 the wage.
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6. Overtime work on Sundays will be paid 2 times the salary, and overtime on national statutory holidays (Spring Festival, Mid-Autumn Festival, National Day and other festivals) will be paid 3 times the salary. The evidence to prove the overtime time quarrel mainly includes: attendance sheets, time cards, overtime approval forms, overtime notices, surveillance videos, witness testimonies, written records of the work done during overtime, and e-mails.
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 the employee a wage remuneration higher than the wage for normal working hours in accordance with the following standards: (1) If the employee is arranged to work longer hours, the employer shall pay 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 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.
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