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This is indeed a legal law, but it depends on the contract you signed at the beginning, and if the contract stipulates working hours, you will be paid overtime;
And managers do not have overtime pay because your attendance is not restricted by the company, that is, you don't have to go to and from work on time every morning like ordinary employees, if you are, you have to pay overtime;
Of course, it is impossible to pay overtime for repairs, and the law stipulates that you must not pay or make up repairs;
Remember, we are a weak group, we must coordinate what should be coordinated, and we will never give up when we should fight!
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There is no difference between workers and managers, only the difference between workers and employers, managers are also workers, and they should enjoy double wages for overtime, but employers always use various reasons not to pay overtime, if they don't want to do it, they will compete with the unit, and if they want to continue to work, don't care.
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It's all like this now, and working for someone is infuriating! The boss is not right and says that he is right, only yours is wrong, not mine! Society is inherently dark, don't worry about it so much, learn to endure!
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The administrator is also called a worker, but the name is a little better! Big deal with a little more salary! Overtime, regardless of whether it is a worker or an administrator, should be paid for overtime. Specific legal provisions. Let's go back and take a good look at the relevant laws!
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Now many units are like this, and they can only endure it in order to survive.
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If the employer arranges the employee to work on a rest day, it shall first arrange compensatory leave at the same time, and if it cannot arrange compensatory leave, it shall pay 200% of the wage. If an employee is arranged to work on working days or statutory holidays, overtime pay may be paid. Ministry of Labor, "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China", Ministry of Labor Fa 1995 No. 309 No. 70 If an employee is assigned to work on a rest day, he or she shall first be arranged according to the same time model, and if the compensatory rest cannot be arranged, the wages and remuneration for the extended working hours shall be paid to the worker in accordance with the provisions of Article 44 (2) of the Labor Law. If an employee is assigned to work on statutory holidays (New Year's Day, Spring Festival, Labor Day, National Day), the employee shall be paid wages and remuneration for extended working hours in accordance with Article 44 (3) of the Labor Law.
Article 31 of the Labor Contract Law of the People's Republic of China Employers shall strictly enforce 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. Article 41 of the Labor Law of the People's Republic of China An employer may, due to the needs of production and operation, extend the working hours after consultation with the labor union and the laborers, 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, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.
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It's a good thing that employees don't work overtime every day, and it's not a violation of labor laws to have Saturdays off. Instead, it complies with labor laws.
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 38 The employer shall ensure that the worker has at least one day off per week.
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Overtime is counted, 200% salary. If the employer arranges overtime work for the employee on holidays, it shall pay the employee overtime wages at a rate not less than 300% of the employee's daily or hourly wage; If the employer arranges for the employee to work overtime on the rest day, it may arrange compensatory rest for the employee without paying overtime wages, and if no compensatory rest is given, it shall pay overtime wages at a rate not less than 200% of the employee's daily or hourly wage.
The basis for calculating overtime pay is not necessarily the full salary of the worker. When determining the calculation base of overtime wages, if there is an agreement on wages in the labor contract, it shall be determined according to the wage standard corresponding to the position of the employee as agreed in the labor contract. If there is no stipulation in the labor contract, it may be specified in the collective contract by the employer and the employee representatives through collective negotiation.
If there is no agreement between the employer and the employee, it shall be determined at 70% of the employee's regular monthly salary for attendance. It should be noted that if the calculation base of overtime wages determined by the above measures is lower than the minimum wage, it shall be calculated according to the minimum wage.
When calculating overtime wages, the daily wage is converted based on the average number of days worked per month, and the hourly wage is divided by 8 hours on the basis of the daily wage. That is, the calculation method of daily overtime pay during the May Day holiday is:
Holiday overtime pay = the calculation base of overtime pay
Overtime pay on rest days = base for calculating overtime pay
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The labor law stipulates that the employer shall pay overtime wages for business trips on Saturdays.
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.
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If overtime is counted, the employer shall pay twice the wage.
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Employees must be paid 300% of their wages for work on public holidays or statutory holidays.
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According to the third paragraph of Article 13 of the Interim Regulations on the Payment of Wages, enterprises are not required to pay overtime pay to employees who implement the irregular working hours system, and Article 23 of the Regulations of Guangdong Province on the Payment of Wages also stipulates that the provisions of Article 20 of these Regulations shall not apply to those who implement the irregular working hours system. In the author's opinion, the second half of paragraph 3 of Article 13 of the Interim Regulations on the Payment of Wages is in conflict with Article 23 of the Regulations on the Payment of Wages of Guangdong Province and Article 44, Paragraph 3 of the Labor Law, because Article 44, Paragraph 3 of the Labor Law stipulates that "employees who are subject to the standard working hours system and the comprehensive calculation of working hours system are arranged to work on statutory holidays", that is, according to the provisions of Article 44, Paragraph 3, Employers who arrange workers to work on statutory holidays must pay 300% of their wages. On the other hand, although the irregular working hours system is flexible, there is a difference between arranging work on statutory holidays and arranging work on public holidays, the former cannot replace 300% of the salary by means of compensatory leave, while the latter is the first consideration of compensatory time off, and only when compensatory time off cannot be taken, 200% of the salary is used instead of compensatory leave.
In response to this issue, Article 20 of the Regulations on the Payment of Wages to Employees of Shenzhen Municipality stipulates that if an employer arranges an employee to work on statutory holidays and holidays, it shall pay the employee overtime wages at a rate not less than 300% of his standard salary or piece-rate wage. Shenzhen's provisions are in line with the legislative intent of Article 44, Paragraph 3 of the Labor Law.
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