How to calculate the overtime salary of the nanny and how to settle the salary of the nanny

If the employer works overtime in the labor relationship, the employer shall pay the overtime pay according to the following standards.

The private one is a labor relationship, and the overtime pay is agreed upon by both parties.

Labor. Article 44 In any of the following circumstances, the employer shall pay the 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 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.

Paragraph 3 of Article 44 of the Labor Law of the People's Republic of China stipulates that "if a worker is assigned to work on a statutory holiday, he shall be paid a wage remuneration of not less than 300% of his wages." However, the Labor Law regulates an employment relationship, and the above provisions only apply to employees who have established an employment relationship with an employer.

If it is not an employment relationship, it is not subject to the adjustment of the labor law, and naturally the above-mentioned provisions on the payment of three times the overtime wage cannot be applied. According to the provisions of the Labor Law and the Labor Contract Law, enterprises shall be qualified as employers, individual economic organizations, private non-enterprise units and other organizations, excluding individual citizens, and individual citizens cannot become "employers" under the Labor Law. In other words, the legal relationship between an individual citizen and an employee can only be an employment relationship, not an employment relationship.

Moreover, the Opinions on Several Issues Concerning the Implementation of the Labor Law issued by the former Ministry of Labor also clearly pointed out that the labor law is not applicable to domestic nannies. Since the relationship between a domestic nanny and an employer is a typical employment relationship, the nanny cannot require the head of household to pay overtime pay on statutory holidays under the Labor Law. Of course, if the nanny has signed a labor contract with the housekeeping company and becomes a full-time employee of the housekeeping company, then she has the right to claim 3 times the overtime pay for statutory holidays from the housekeeping company.

In addition, although there is no legal issue for overtime pay for nannies, it is negotiable between the employer and the employee, and it is best to make it clear in the employment agreement.

Legal analysis: You can negotiate with the nanny to determine the working hours and wages, etc., and sign the corresponding family service agreement. How to calculate the daily wage:

Daily wage = monthly salary income Monthly salary days (days), hourly wage = daily wage 8 hours of chongxun. Wages refer to the remuneration paid by the employer or statutory employer to the employee in the form of money in accordance with the law, or the industry regulation, or according to the agreement with the employee.

Legal basis: Article 46 of the Labor Law of the People's Republic of China The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented.

The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control of total wages.

Article 47 An employer shall, on the basis of the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and wage level of the unit in accordance with law.

The draft of the model text of the "Beijing Domestic Service Contract" issued by the Beijing Municipal Administration for Industry and Commerce stipulates that national statutory holidays will be encountered.

If the nanny cannot be properly arranged, the employer shall give the nanny an overtime allowance of twice the average daily wage.

Article 51 of the Labor Law The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law. Therefore, a statutory holiday.

If the leave is payable, the pay is the rate of wages for work during standard working hours.

Employees are assigned overtime on statutory holidays.

The wage scale is higher than the wage rate during standard working hours. Rent a hood.

Overtime pay shall be paid in accordance with the provisions of Article 44 of the Labor Law.

The specific standard is: to arrange for the old troublemakers to work longer hours within the standard working days.

shall pay not less than 150% of the salary; If the employee is assigned to work on a rest day and cannot arrange a compensatory break, he or she shall be paid a wage remuneration of not less than 200% of the wage; 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.

The salary of nannies needs to be treated differently, not according to a uniform standard.

At present, a small number of nannies have signed labor contracts with housekeeping companies (currently belonging to a very small number of categories), so that the nannies and housekeeping companies have established a labor relationship, and the housekeeping companies will dispatch nannies to work in the employer's home. Then, at this time, the labor relationship between the nanny and the housekeeping company is applicable, which is applicable to the adjustment of the Labor Contract Law, and the housekeeping company should pay and give the holiday when it comes to the issue of three salaries on statutory holidays, and the specific expenses should be negotiated between the housekeeping company and the employer, that is, because the nanny and the housekeeping company have an employment relationship, which is similar to labor dispatch.

However, most nannies do not sign labor contracts with housekeeping companies to establish labor relations, and because of the particularity of nannies' work, nannies themselves do not directly pay labor for the housekeeping company, so it is difficult to determine the actual labor relationship, and the employer, as an individual, does not have the employment subject stipulated in the Labor Law and the Labor Contract Law, so it is not possible to establish an employment relationship. Therefore, the relationship between the employer and the nanny can only be recognized as a general employment relationship, and the laws that can be adjusted at present are mainly civil law, contract law, tort liability law, etc.

As for the salary of the nanny, it shall be paid in accordance with the contract at the time of employment, that is, a contract of employment relationship, and both parties shall execute it in accordance with the contract, as for the three salaries, holidays, etc., shall be agreed in writing in the contract, or orally, in the event of a dispute, the provisions of the labor contract law such as three salaries and overtime wages shall not apply.

It should be noted that the person who can establish an employment relationship with the employee must be a legal employing entity, and an individual cannot exist as such an entity, so the employment of a nanny by an individual should be agreed in a standard contract to avoid unclear disputes.

However, in the case of holidays, three salaries, overtime pay, etc., these terms can only be included in the contract as negotiable terms for the employment of a nanny, since the Labor Contract Law does not apply to general employment.

Of course, if the first category of nannies is met, the nanny has the right to claim holidays and overtime pay, but these are claims from the domestic service company, and as for the specific expenses, the domestic service company should negotiate with the employer to settle the issue.

If there is a legal holiday in the country, overtime pay should be paid at three times the usual salary, which is also stipulated in the labor law.

If there is an employment relationship between the employer and the nanny, and the employer arranges for the nanny to work on statutory holidays, it shall pay overtime pay to the nanny in accordance with the law. In addition, if the employer and the nanny are in an employment relationship, whether they need to pay overtime expenses for working on statutory holidays shall be determined according to the agreement, and the parties concerned shall verify it according to the actual situation and relevant laws and regulations.

Wage is a type of wages, that is, the salary of employees, which is the remuneration received by employees in a fixed work relationship, and is the remuneration paid by the employer or statutory employer to the employee in the form of money in accordance with the law, or industry regulations, or according to the agreement with the employee. It is one of the main forms of remuneration for labor services.

Hourly wage refers to the labor remuneration paid to individuals according to the standard of hourly work including consumption (including regional living cost subsidy) and working hours. Including: wages paid on an hourly basis for work done; The basic salary and post (post) salary paid to employees by units that implement the structural wage system; apprenticeship pay for new employees (living expenses for apprentices); Sports allowance for athletes.

Piece-rate wages refer to the labor remuneration paid according to the unit price of the work done. Including: the implementation of excess progressive piecework, direct unlimited piecework, quota piecework, over-quota piecework and other wage systems, according to the labor department or the competent department approved the quota and piecework unit price paid to the individual; wages paid to individuals on the basis of the lump sum method of union tasks; Wages paid to individuals on the basis of a turnover commission or profit commission method.

Bonus refers to the excess labor remuneration paid to employees and the labor remuneration for increasing income and reducing expenditure. Includes: Production Award; Conservation Award; Labor Competition Award; incentive wages of organs and institutions; Other bonuses.

Legal analysis]:A: (fixed monthly salary, number of days of attendance) * actual number of days of attendance + fixed monthly salary, usual overtime hours + fixed monthly salary, overtime hours at the end of the week; b：

Fixed monthly salary - fixed monthly salary (number of days of absence) + fixed monthly salary overtime hours on weekdays + fixed monthly salary overtime hours on weekends; It can be seen that in the same case, if different salary calculation methods are adopted, the salary amount is very relevant.

Legal basisArticle 44 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 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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Nanny salary settlement, daily wage = monthly salary income monthly salary days (days), hourly wage = daily wage 8 hours, from a legal point of view: nanny salary needs to be treated differently, not according to the unified standard of the current nanny, a small number of people have signed a labor contract with the housekeeping company (currently belongs to a very small number of categories), so that the nanny and the housekeeping company have established a labor relationship, and the housekeeping company will send the nanny to work at the employer's home.

How to settle the salary of the nanny.

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Nanny salary settlement, daily wage = monthly salary income monthly salary days (days), hourly wage = daily wage 8 hours, from a legal point of view: nanny rent salary this part needs to be treated differently, not according to the unified standard of the current nanny, a small number of people have signed a labor contract with the housekeeping company (currently belongs to a very small number of categories), so that the nanny and the housekeeping company have established a labor relationship, and the housekeeping company will send the nanny to work in the employer's home.

Legal basis: Article 3 of the Interim Provisions on Payment of Wages, The term "wages" mentioned in these provisions refers to the wages and remuneration paid by the employer to the employee in various forms in accordance with the provisions of the labor contract. Article 5 Wages shall be paid in legal tender.

Payment in kind and in alternative currency** may not be made. Article 6 The employer shall pay the wages to the employee. If the worker is unable to receive wages for any reason, his relatives or entrusting others to collect the wages on his behalf.

When the nanny works overtime on holidays, whether to pay overtime or not, and now on holidays, we also need nannies to take care of children. However, some nannies ask for overtime pay, often three times the day's salary, and the nanny earns about 400,500 yuan more for two days of vacation. In fact, this is very unreasonable, but we have no choice, we have not discussed before, we can only suffer ourselves.

Statutory holidays need to pay three times the normal salary to the aunt, a total of 5 statutory holidays in the housekeeping industry, 3 days of the Spring Festival, 1 day of May Day, and 11 days of November. Normal overtime is only required to pay the normal salary, for example, the weekend is supposed to be off, but if you ask your aunt to work overtime, you can pay the normal salary for one day.

1. Can temporary workers get triple their wages?

There is no concept of temporary workers in the law, as long as it is an employment relationship, if the employee works overtime on statutory holidays, he or she should be paid overtime pay at three times the salary. In addition to the normal daily wage, an additional 3 times the overtime pay is paid. Overtime pay calculation formula:

Overtime pay for working days: monthly wages and overtime hours are multiplied; Overtime pay on weekends and weekends: 2 times the monthly salary and overtime hours; Overtime pay on statutory holidays:

Monthly wage: 3 times the number of overtime hours.

2. What is the standard of overtime pay stipulated by the state?

There is a minimum wage standard and a minimum overtime pay standard, which is calculated according to the minimum wage standard. 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.

Only if the working hours are extended after the usual work, then the employer needs to calculate the overtime pay for the employee according to the multiple, if the employee is arranged to work overtime on weekends or statutory holidays, then the overtime wage will be calculated according to 2 times or 3 times. If the employer does not calculate the overtime wages in accordance with the prescribed standards, then it is an illegal act, and the employer can be held legally responsible.