If you are paid monthly, you can t take compensatory time off for overtime work on weekends, and you

Updated on society 2024-08-04
5 answers
  1. Anonymous users2024-02-15

    If it is unreasonable, you can apply for labor arbitration and require the employer to pay overtime pay.

    Legal basis: Labor Code

    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.

  2. Anonymous users2024-02-14

    Going to work, like playing games, has rules, and as long as you participate, you must follow them.

    Even if the rules don't make sense!

  3. Anonymous users2024-02-13

    Legal analysis: legal, whether it is reasonable to only compensate for leave and not pay overtime pay is determined in the following situations:

    1. If the working hours are extended on normal working days and overtime, the wage remuneration shall not be less than 150% of the salary. The overtime hours cannot be treated as compensatory leave, and only the corresponding wages and remuneration can be paid.

    2. If overtime work is arranged on weekends, the employer may arrange compensatory leave instead. However, if the employer is unable to arrange compensatory leave, it shall pay no less than 200% of the salary.

    3. In case of overtime work on statutory holidays, the employer shall pay no less than 300% of the wages even if the employees are arranged to take leave for the overtime work during the period.

    Therefore, that is to say, if overtime is arranged on normal working days and statutory holidays, regardless of whether there is a compensatory holiday, the unit must pay overtime pay according to the regulations, and the overtime pay must be paid according to the standard.

    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 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 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.

  4. Anonymous users2024-02-12

    Legal analysis: legal, that is, employees who work overtime on weekends on weekdays can replace overtime pay with compensatory leave.

    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 workers 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 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally 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, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

  5. Anonymous users2024-02-11

    Overtime on statutory holidays can be arranged with compensatory leave, one day of overtime and one day off, but Yifei must have a continuous 24-hour rest once a week. Overtime work is arranged on national holidays, and no compensatory leave is allowed according to law, and overtime pay must be paid at 300%.

    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 employee's 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 scheduled to work on a rest day and cannot arrange compensatory leave, 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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