Can you go to the Spring Festival unit to work overtime, and if you go, there is overtime pay, shoul

I definitely won't go, I think it's more important to spend the New Year at home with my family.

If you're far away from home, or if you're single, consider working overtime to earn more money. If it is closer to home, then go home to accompany your parents, wife and children.

There's no specific answer to this, and everyone has a different point of view.

If it were me, I would choose to work overtime. Because I didn't go home for the Spring Festival.

If it were me, I wouldn't go, the Spring Festival is a holiday to relax, get together with relatives and friends to play, when can the money be earned!

I will go because life is stressful and I want to make more money, and whether or not I go to work overtime depends on the individual's situation.

If it were me, I wouldn't go, after all, money can be earned at any time, but the time I can spend with my family is one day less.

Of course, there is a good opportunity to do a good job, show yourself in front of the leader, and get a promotion and salary increase.

Go as you wish, if you feel like you're at home and have nothing to do all day, go and try to be with your parents if you can stay at home.

If it were me, I would definitely go to work overtime, because I thought that I could finally earn double my salary on this day, why not go and reunite with my loved ones at another time.

Unless you are a workaholic, you won't go at all, because you only have annual leave to rest for so long throughout the year, and it's probably stupid to go overtime if you don't take advantage of these days to relax.

In my heart, the most important thing is to go home for the New Year, when the money can't be earned, or go home with my family is more important.

If it were me, I would definitely choose not to go, I think the Spring Festival is the most important, the most important festival is to reunite with my family, even if I give me more money, I will not give up this rare opportunity.

You can go to the Spring Festival unit to work overtime or not, there is overtime pay if you go, I don't think you should go, because there is only one Spring Festival in a year, and you should spend a Spring Festival with your family.

If you don't have anything to do during the Spring Festival, you can go to work overtime, so that you can also contribute to the unit.

It depends on the urgency of the work, if there are some people working in the hospital, even if there is no overtime pay, they have to work overtime, in short, the doctor's parents have to be responsible for the patient.

I think it's okay to go, although the law says that you can't go, but as long as you have overtime pay and give it reasonably enough, I think they won't refuse in the face of some people's desire for profit.

The Spring Festival unit works overtime, there is overtime pay, I don't think I want to see myself, if I want to relax, I want to go out to play, then it's okay not to go, if I want to make money, then go.

If the company does not pay overtime pay, the employee can file a complaint with the labor inspection department or file a labor arbitration. If the employer refuses to pay, the Qiaotan labor inspection department may order the unit to pay compensation for the arrears of remuneration.

In real work, as long as the employer arranges the employee to work overtime, no matter what time period the employee is working overtime, the employee can claim overtime pay from the employer. However, we find that there are often cases where the unit does not pay overtime after arranging overtime, so what if we do not pay overtime during the Spring Festival? Learn more below.

1. What should I do if I don't pay overtime during the Spring Festival

You can file a complaint with the local labor inspection department, or apply for labor arbitration.

If the payment is refused, the labor inspection department may order the unit to pay compensation for the arrears of remuneration.

Materials required 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, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 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 ** trial, and then mediate between the two of you, and if the mediation fails, the arbitration will be reported to the committee and the award will be issued; 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.

2. Regulations on overtime wages during the Spring Festival

Open the calendar Spring Festival holiday arrangement: from Chinese New Year's Eve to the sixth day of the first lunar month, including Chinese New Year's Eve and the beginning of the first month.

1. If the employer arranges overtime for the worker on the second day of the first lunar month, it shall pay the worker no less than 300% of the worker's daily wage, and shall not arrange compensatory leave or compensatory leave; From the third day of the first month to the sixth day of the first month, if the employer arranges for the employee to work overtime, it shall pay the overtime remuneration not less than 200% of the employee's daily wage.

It should be noted that in reality, there may be situations where employees voluntarily work overtime, and they cannot ask the employer for overtime pay after working overtime, because according to the provisions of the law, employees need to pay overtime pay only if the employer arranges overtime. If you encounter a situation where overtime is arranged and overtime is not paid, you can complain to the labor inspection brigade where the unit is located, or even directly apply for labor arbitration, so as to protect your legitimate rights and interests.

Legal analysis: Overtime pay is not paid for overtime during the Spring Festival, and employees can apply for labor arbitration or report to the labor inspection department.

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 laborers 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 An employer may, after consultation with the labor union and the workers, extend the working hours after consultation with the labor union and the workers due to the needs of production and operation, and generally shall 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 under the condition of ensuring the health of the workers, but shall not exceed thirty-six hours per month.

Overtime pay is required to be paid for overtime work during the Spring Festival, and the overtime wages arranged by the employer for overtime work during the Chinese New Year holiday shall be determined according to the overtime hours arranged, and if the employee is arranged to work overtime from the first day of the first lunar month to the third day of the first lunar month, the overtime wage shall be paid at a rate not less than 300% of the employee's daily or hourly wage, and the employer shall not replace it with compensatory leave.

If the employee is arranged to work overtime during other vacation hours, the compensatory rest shall be arranged first, and the compensatory time shall not be less than the overtime hours. If the employee is unable to arrange compensatory leave, overtime wages shall be paid at a rate not less than 200% of the employee's daily or hourly wage. Trembling.

1. What is the standard of overtime pay on Labor Day?

If the employee works overtime on Labor Day, the overtime wage shall be 300% of the employee's daily or hourly wage; If the employee compensates for overtime work on a rest day and cannot arrange compensatory leave, the overtime wage shall be 200% of the employee's daily or hourly wage.

Article 13 of the Interim Provisions on Payment of Wages issued by the Ministry of Labor stipulates that if an employer arranges an employee to work beyond the statutory standard working hours according to actual needs after the employee has completed the labor quota or the prescribed work tasks, it shall pay wages according to the following standards.

1) If the employer arranges for the employee to work longer than the statutory standard working hours in accordance with the law, the employer shall pay the employee wages at a rate not lower than 150% of the employee's hourly wage as stipulated in the labor contract;

2) If the employer arranges for the worker to work on a rest day in accordance with the law, but cannot arrange compensatory leave, the employer shall pay the employee wages at a rate not lower than 200% of the employee's daily or hourly wage as stipulated in the labor contract;

3) If the employer arranges for the employee to work on statutory holidays and holidays in accordance with the law, 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 employer arranges to extend the working hours of a worker who is subject to piece-rate wages after completing the piece-rate quota task, he or she shall be paid wages at a rate not less than % of the unit price of the piece-rate unit for the statutory time in accordance with the principles stipulated above.

In China's "Measures for National Festivals and Memorial Day Holidays", there are clear provisions on whether it is a national statutory holiday. The Chinese New Year is also the time of the Spring Festival, although the state stipulates that it is 7 days, but there is only the beginning of it.

The first and third days of the Lunar New Year are statutory holidays. During this period, if the employer arranges for employees to work overtime, the overtime wages paid in accordance with the regulations shall not be less than three times the daily or hourly wages of the employee.

It shall obey the reasonable and legal arrangements of the company.

Overtime pay shall be calculated in accordance with the following provisions, and other agreements shall be valid under national law:

Article 44 of the Labor Law stipulates that under 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.

Wages are paid monthly, and it is illegal to pay them every other month, and it is legal to pay this month's wages next month. If the company fails to pay labor remuneration on time, the employee can resign and ask for financial compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages.

If the labor arbitration award is refused to be enforced, it may apply to the court for compulsory enforcement.

Article 85 of the Labor Contract Law: In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

300% of the salary shall be paid for overtime work on New Year's Day.

New Year's Day is a statutory holiday, and if an employer arranges an employee to work on New Year's Day, it shall pay the employee's wages at a rate not lower than 300% of the employee's daily or hourly wage as stipulated in the labor contract in accordance with Article 44 of the Labor Law and Article 13 of the Interim Provisions on Wage Payment of the Ministry of Labor.

Definitely given! If you don't give it, you can find the labor department in the jurisdiction.

I'll keep it simple!

Must give! Give in any case!