During the Spring Festival holiday, how to calculate overtime pay? The Beijing Municipal Human Resources and Social Security Bureau said today that February 16 to 18 is a legal holiday. In these three days, the employer should pay 300% of the overtime pay of the laborer; On the 15th, 19th, 20th, and 21st of February, the four units must work overtime, and the unit must first arrange for the workers to make up the rest. If it is really impossible to arrange a compensatory time off, it must pay 200% of overtime pay. It should be noted that whether it is 300% or 200% of overtime pay, the employer needs to pay separately after paying the employee's monthly salary.
Legal holidays and rest days are different from overtime pay
According to the Beijing Municipal Bureau of Human Resources and Social Security, the method of accounting for overtime pay on statutory holidays and rest days is different. The method of accounting for hourly and full-time employment is different. When the base of overtime pay is approved, it cannot be simply equated with monthly income.
According to the national unified arrangement, the Spring Festival in 2018 will be a total of seven days, from February 15 to 21. Among them, the national statutory holidays have three days, that is, February 16 to 18, that is, the first day, the second day, and the third day of the first month of the lunar calendar; another four days are the day of rehearsal, that is, February 15, 19, 20, On the 21st, this was transferred from the four weekend breaks on February 11, 17, 18, and 24.
In accordance with the "Beijing wage payment regulations", the employer of standard working hours is required to arrange for workers to work on legal holidays and rest days, and the overtime pay paid is not the same.
On statutory holidays, the employer shall pay overtime wages at a rate not less than 300% of the daily wage base or hourly wage base, and shall not be replaced by retiring or compensatory time off.
On rest days, the employer should first arrange for a compensatory break at the same time; if it is really impossible to arrange for compensatory rest, it must pay overtime wages at a rate not less than 200% of the daily wage base or hourly wage base.
That is,February 16th to 18th is a legal holiday. If you work overtime in these three days, the employer should pay 300% of the overtime pay of the laborer; on the 15th, 19th, 20th and 21st of February, the four holiday days For overtime work, the unit must first arrange for the workers to make up the rest of the time. If it is really impossible to arrange a compensatory time off, it must pay 200% of overtime pay.It should be noted that whether it is 300% or 200% of overtime pay, the employer needs to pay separately after paying the employee's monthly salary.
Overtime wage base must not be lower than the minimum wage standard
According to reports, the "day or hour wage base" is not simply the laborer's usual monthly income divided by the number of days or hours, but should follow the following principles: First, the labor contract should be in accordance with the labor contract If the labor contract is not agreed, it shall be determined according to the base of overtime wages as stipulated in the collective contract and the wages during the vacation period; if the labor contract or collective contract is not agreed, it shall be determined according to the wages that the worker shall be entitled to.
It should be noted that the base of overtime wages determined according to the above principles shall not be lower than the minimum wage in Beijing, that is, not less than 11.49 yuan per hour and not less than 2,000 yuan per month.
When the employer converts the monthly wages of the laborers into daily wages, it shall be converted according to the monthly payable days of 21.75 days as stipulated in the Notice of the Ministry of Labor on the Annual Average Working Hours of Work and the Translation of Wages.
For example: Xiao Li is a full-time employee and implements a standard working hour system. He worked overtime for three hours in the first day. The labor contract clarifies that Xiao Li’s monthly salary is 5,000 yuan per month, and his hourly salary base is 5,000 yuan ÷ 21.75. Scorpio 8 hours = 28.74 yuan. The overtime pay that the employer should pay is 28.74 yuan × 3 hours × 300% = 258.66 yuan.
Hourly wages for legal holidays must not be less than 52.6 yuan / hour
At present, the city also has a ubiquitous and flexible employment method, that is, part-time employment, usually called hourly work.
According to the "Beijing Municipality Wage Payment Regulations", part-time employees do not implement the relevant provisions on overtime pay, but if the employer arranges for work on legal holidays, the hourly wage shall not be lower than the statutory holidays for part-time employees prescribed by the city. The hourly minimum wage, that is, not less than 52.6 yuan / hour; on working days and rest days, the hourly wage must not be less than 22 yuan / hour.
If the employer has problems such as not paying or arrears of overtime pay, the laborer can maintain his or her legitimate rights and interests through the following three channels: First, call the 12333 telephone hotline to understand the relevant policies and report complaints; second, report to the local labor security supervision. The department reports complaints; the third is to apply for arbitration to the labor and personnel dispute mediation and arbitration department in the jurisdiction.
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