Consult professionals, according to the current laws and regulations of our country, should I be pai

If overtime is counted and overtime is required on statutory weekends, the company can arrange compensatory leave, and if it cannot arrange compensatory time, 200% of the basic salary will be compensated.

Yes, but overtime should be subsidized by 200% of the salary.

Current labor regulations stipulate that workers work 8 hours a day, 5 days a week, 40 hours a week, and 2 days off per week.

Number of natural days in a year: 365 days.

Number of weeks in the year: 365 days 7 days = 52 weeks.

Number of days off in the year: 2 days * 52 weeks = 104 days;

The number of statutory holiday days in the year: New Year's Day 1 + Spring Festival 3 + Labor Day 3 + National Day 3 = 10 days;

Total number of days off and leave in a year: 114 days.

Number of working days in a year: 365 days - 114 days = 251 days.

Annual working hours: 8 hours * 251 days = 2008 hours.

Average number of working days per month: 251 days 12 months = days.

Average working hours per month: 8 hours * days = hours.

The characteristics of duty are rotation, and the working hours are not fixed, and they take turns to work during the day, at night, and on holidays.

You did not provide specific working hours on duty.

If it is more than the statutory working hours, the excess should be paid at 150% of the average daily or monthly wage of the worker.

If a person is on duty on a statutory holiday, regardless of whether the duty hours are more than the statutory working hours, the overtime wages shall be calculated and paid according to 300% of the average daily wage standard of the workers.

Legal analysis: 24-hour duty is illegal, and if the employee is arranged to extend the working hours within the standard working day, he shall pay no less than 150% of the salary; If the worker is arranged to work on the rest day and the compensatory rest can be arranged without a judgment, the wage remuneration shall not be 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.

Legal basis: Article 31 of the Labor Contract Law of the People's Republic of China Employers shall strictly implement the labor quota standards and shall not force or covertly compel workers to work overtime. If an employer arranges overtime, it shall pay overtime pay to the employee in accordance with the relevant provisions of the state.

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.

Legal Analysis: 24-hour duty is legal if it is stipulated that three shifts are implemented. The 24-hour duty rule requires at least three shifts, and if the company is in two shifts, employees need to be paid overtime.

If the employer dissolves or terminates the labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it. If the worker does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of the worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the amount of three times the average monthly salary of the employee, and the maximum number of years of economic compensation paid to Zao Lianfan shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Legal analysis: The labor law does not directly stipulate how to rest, and the employee can agree with the employer when signing the labor contract, but the labor law stipulates the maximum working hours, and if the employer does not comply with it, it is an illegal act, and Nana can file a complaint with the labor administrative department. China's labor law stipulates that at least three shifts need to be arranged for the implementation of 24-hour duty regulations, and if the company is in two shifts, employees need to be paid overtime pay.

Legal basis: Article 36 of the Law of the People's Republic of China on Labor Code Elimination Article 36 The State implements a working hour system 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.

Duty is not a legal concept, but the time frame caused by duty is defined as overtime.

The Labor Law does not have any relevant legal provisions on duty, but if an employer arranges an employee to work overtime, it needs to pay overtime pay or take leave in accordance with the law.

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.

What does the labor law say? If you are not engaged in your own job, there is no overtime pay for such a shift! But the unit can be asked to pay some duty pay! Duty and overtime are different!

24-hour duty is legal if it is stipulated that three shifts are implemented. The implementation of the 24-hour shift rule requires at least three shifts, and if the company is in two shifts, employees need to be paid overtime. If the employer dissolves or terminates the labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it.

If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation.

Legal Analysis: The company shall not force overtime. The State implements a system of working hours in which the daily working hours of workers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 4 The employer shall establish and improve the system of the first failure of labor rules in accordance with the law to ensure that the workers enjoy their labor rights and perform their labor obligations. When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing. In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees think that it is inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.