Temporary contract workers, overtime pay, is there double pay for overtime for temporary workers

You can ask the employer to pay overtime wages, and if the negotiation fails, you can file a complaint with the labor administrative department. Article 85 of the Labor Contract Law of the People's Republic of China Where an employer falls under any of the following circumstances, the labor administrative department shall order it 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 the employee 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 employee's labor remuneration 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 lower than the local minimum wage standard; (3) Arrange 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.

If a temporary contract worker works overtime, the employer shall pay overtime pay in accordance with the provisions of the Labor Law of the People's Republic of China, and the standard of overtime pay shall be as follows:

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

Legal analysis: Temporary workers should theoretically have double wages for overtime, because there is no so-called temporary worker in the relevant legal system, as long as there is a labor relationship with the employer, the employer must sign a labor contract with the employee, and cannot refuse to sign the contract on the grounds of temporary work, let alone refuse to pay overtime pay because the party is a so-called temporary worker.

Legal basis: Labor Law of the People's Republic of China Article 44 In the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for normal working hours according to the following standards: (1) If the working hours of the workers are extended, the wages and remunerations shall not be less than 150% of the wages; 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 arranged to work on a statutory holiday, he or she shall be paid a wage remuneration of less than 300% of the wage.

Legal Analysis: Temporary workers are paid overtime.

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 the employee a wage remuneration of not less than 150% of the wage; (2) Where a person who works for a large number of acres of work is arranged on a rest day and cannot arrange a compensatory holiday, a wage remuneration of not less than 200 percent of the salary 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.

Legal Analysis: Temporary workers are paid overtime.

Legal basis: Labor Law of the People's Republic of China Article 44 In any of the following circumstances, the employer shall pay the employee a compensation higher than the wage for normal working hours in accordance with the following standards: (in one fell swoop) 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) 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.

Temporary workers are entitled to overtime pay for overtime. According to the provisions of the Labor Law, there is no distinction between regular and temporary workers in the establishment of labor relations and the conclusion of labor contracts, and all workers are employees under the labor contract system, and enjoy equal rights only when the contract period is different. If an employer arranges "temporary workers" to work overtime, it shall pay overtime pay or compensatory leave in accordance with Article 44 of the Labor Law.

Article 44 of the Labor Law In any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for normal working hours according to the following standards: (1) If the workers are arranged to work longer hours, they shall be paid wages and remunerations not less than 150% of the wages; (2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory break, 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, a wage remuneration of not less than 300 percent of the wage shall be paid. General Office of the Ministry of Labor, "Reply to the Request for Instructions on the Issue of Temporary Workers" Lao Ban Fa [1996] No. 238 I. On the issue of whether to retain the reference to "temporary workers".

After the implementation of the Labor Law, all employers and employees have fully implemented the labor contract system, and all types of employees enjoy equal rights in the employer. As a result, the term "part-time worker" in the past as opposed to a regular worker no longer exists. If an employer hires workers in temporary positions, it shall sign a labor contract with the employee and establish various social insurance schemes for him or her in accordance with the law, so that he or she can enjoy relevant welfare benefits, but the term of the labor contract may be different.

I think 1 you are already clear about temporary overtime.

Article 43 of the Labor Law of the People's Republic of China An employer shall not extend the working hours of an employee in violation of the provisions of this Law. 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 according to the following standards: (1) If the employee is arranged to work longer hours, the employer shall pay the wage remuneration 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, the salary shall not be less than 300% of the wage.

Article 45 of the Labor Law of the People's Republic of China The State implements a paid annual leave system. Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.