Spring Festival holidays, overtime pay how to count? Beijing Municipal Bureau of Human Resources and Social Security today said February 16 to February 18 is a statutory holiday, overtime in these three days, employers should pay 300% of workers overtime pay; On February 15, 19, 20 and 21, the four working holiday overtime, the unit must first arrange for workers to take off-duty, really can not arrange overtime, to pay 200% overtime pay. It should be noted that, whether it is 300% or 200% of overtime wages, employers are paid after the monthly wage of workers, need to pay an additional.
Statutory holidays and rest days overtime pay is different
Beijing Municipal Bureau of Human Resources and Social Security said that statutory holidays and rest days overtime pay accounting methods, hourly and full-time employment accounting methods are not the same; in the approved overtime pay base, you can not simply equal to the monthly income.
According to the unified national arrangements, a total of seven days of Spring Festival vacation in 2018, February 15 to 21. Among them, the national statutory holidays have three days, that is, from February 16 to February 18, that is, the first lunar month, the first two days, the third day; another four days is the holiday, that February 15, 19, 20, On the 21st, this is from February 11, 17, 18, 24, the four weekend break day over.
In accordance with the "Regulations on Salary Payment in Beijing", employers employing standard working hours shall arrange laborers to work overtime on holidays and statutory holidays, and pay overtime pay is not the same.
On statutory holidays, employers should pay overtime wages according to no less than 300% of the daily wage base or the hourly wage base, and may not substitute overtime and overtime.
On the rest day, the employer should first arrange the same amount of overtime; if it is really impossible to make up for the rest, it should pay the overtime pay according to no less than 200% of the daily wage base or the hourly wage base.
In other words,February 16 to 18 is a statutory holiday, overtime in these three days, employers should pay 300% of workers overtime pay; in February 15th, 19th, 20th and 21st these four holiday days Overtime, the unit must first arrange for workers to make up for the rest, really can not arrange rest days, to pay 200% overtime pay.It should be noted that, whether it is 300% or 200% of overtime wages, employers are paid after the monthly wage of workers, need to pay an additional.
Overtime wage base shall not be less than the minimum wage
According to reports, the "daily or hourly wage base" is not determined simply by dividing the usual monthly income of workers by the number of days or hours. The following principles should be followed: First, labor according to the labor contract If the labor contract is not stipulated, it shall be determined according to the wage base set by the collective contract and the wage standard during the period of leave; if neither the labor contract nor the collective contract has been agreed, the wage shall be determined according to the normal working wage of the employee.
It should be noted that in accordance with the above principles determine the overtime wage base shall not be lower than the minimum wage in Beijing, that is, not less than 11.49 yuan per hour, not less than 2,000 yuan per month.
In converting the monthly salary of laborers into daily wages, the employing unit shall make the conversion in accordance with the 21.75 days of the monthly salary as stipulated in the "Notice on Average Working Hours and Wage Conversion of Workers and Workers" issued by the former Ministry of Labor.
For example: Mike is full-time employment, the implementation of standard working hours system, the first day he worked overtime for 3 hours, the labor contract is clear, the monthly salary of Li is 5,000 yuan per month, the hourly wage base is 5,000 yuan ÷ 21.75 Day ÷ 8 hours = 28.74 yuan. The overtime wage that the employer should pay is 28.74 yuan × 3 hours × 300% = 258.66 yuan.
Hourly statutory holiday wages shall not be less than 52.6 yuan / hour
At present, there is a ubiquitous way of flexible employment in the municipality, that is, part-time employment, commonly referred to as hourly employment.
In accordance with the requirements of the "Regulations on Wage Payment in Beijing", part-time employees are not obliged to perform overtime pay, but the employer arranges for them to work on statutory holidays and the hourly wages shall not be lower than the provisions of this Municipality for part-time employees on official holidays Hour minimum wage, that is, not less than 52.6 yuan / hour; on working days and rest days, the hourly wage shall not be less than 22 yuan / hour.
If employers have problems such as non-payment or late payment of overtime wages, laborers can defend their legal rights and interests through the following three channels: First, call the 12333 telephone hotline to understand the relevant policies and report complaints; Second, to the local Labor and Social Security Inspector Departments to report complaints; third is to apply for arbitration in the jurisdiction of labor and personnel dispute mediation and arbitration department.
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