Implementation Of The New Law Starts With Adjustment Of Overtime Pay

January 1, 2008 is the first day of the implementation of the national holiday and Memorial Day holiday (the revised version). It is also the first public holiday after the implementation of the new law.

Many workers have expressed the hope that the implementation of the new law can start with the adjustment of overtime pay.

Mr. Liu, who works overtime in Jinyu Jia Ye Real Estate Company today, is very concerned about a problem: according to the regulations of the national holidays and holidays (Revised Edition), from this year, the annual statutory holidays increase from 10 days in the past to 11 days.

Do overtime pay have to be recalculated?

Reporters from the Beijing labor and Social Security Bureau learned that from this year, the calculation basis of overtime pay will be different from previous years.

Due to the increase in statutory holidays, the number of working days for the month system is adjusted accordingly, not 20.92 days, but 20.83 days. This change will increase overtime pay accordingly.

It is understood that the base of overtime pay is 70% of the standard wage, the standard salary includes basic salary, the payment cycle not exceeding a month's bonus and the allowance in the fixed payment cycle, such as a worker's basic salary of 2000 yuan, a monthly attendance of 200 yuan, and a monthly allowance of 1000 yuan, then the worker's standard wage is 3200 yuan, and the overtime payment base is 70% or 2240 yuan of the standard wage. The base number is divided by the working days of the monthly system and multiplied by 300%, that is, the laborer's "three times salary" on the statutory holidays.

After the implementation of the new law, the number of days in the formula is changed from 20.92 days to 20.83 days, so the overtime payment base is adjusted accordingly. According to the formula, the overtime payment base is correspondingly raised, and overtime pay should also be increased by a small margin.

However, reporters learned from the Ministry of personnel that there is no corresponding provision for the new overtime payment method, including Beijing, Shanghai and some other places where new wage payment methods or documents have not been released.

And several Beijing companies interviewed by reporters still operate according to the original 20.92 days.

Many workers said that the new law allowed everyone to enjoy one day's holiday, but the corresponding matching system should also be improved. The first step should start with adjusting overtime pay.