The Authority Of Labor And Social Security Department Explains How To Calculate Overtime Pay During The Spring Festival.

This year, some snowfalls have occurred in some provinces and autonomous regions in southern China. In order to support the work of disaster fighting in the south, some workers must stick to their jobs, give up rest and get together with their families, and work overtime on their posts.

According to the introduction, according to the "labor law" and the relevant provisions of this Municipality, workers should pay 300% of their wages in overtime on statutory holidays, which is also known as the provisions of the labor law.

At present, the state and the city are concerned with calculating overtime wages.

What is the difference between the statutory holiday and the rest day?

In recent years, people usually refer to holidays as 7 consecutive days as "Golden Week".

But according to labor laws and regulations, these 7 days "Golden Week" holiday is composed of two different parts of the holiday period, that is, statutory holidays and rest days two parts.

The so-called rest day is simply the weekly rest day of the week. It is a regular rest time every week. The statutory holiday is also called the annual holiday. Our legal holidays include new year's day, May 1 Labor Day, eleven national day and the Spring Festival. From now on, we have added Qingming Festival, Dragon Boat Festival and Mid Autumn Festival.

Statutory holidays refer to the days when people rest together on a special day or a few days. They are generally important traditional festivals and commemorative days. Statutory holidays are clearly stipulated by the state or government legislation.

The normal week rest day is a day for workers to rest every week. It is gradually developed in the process of industrialization and is a manifestation of democratic progress in economic development.

Weekly rest days are necessary for maintaining physical and mental health and labor force regeneration. Under normal circumstances, the system of weekly rest days is also specially stipulated by the state.

However, the specific time for the rest days should be determined according to the industry, the regional characteristics and the actual production and life. It can be any day from Monday to Sunday in a week.

This shows that both the statutory holidays and the weekly rest days are different in nature. Therefore, the state labor law stipulates that workers pay overtime wages on statutory holidays and weekends, and the standard of overtime pay is also different.

In accordance with the provisions of the labor law, the general rest day overtime, first of all should be arranged to make up for rest, can not arrange the rest of the dishes are allowed to pay 200% of the wages of overtime wages to compensate.

Overtime work on statutory holidays must pay 300% overtime wages, and no replacement can be paid to pay overtime for statutory holidays.

Two. How to determine the overtime pay during the Spring Festival overtime this spring?

For the Spring Festival this year, the 3 days of February 6th (the 30th day of the twelfth month of the Chinese lunar calendar), the 7 day (January 1) and the 8 day (two of the first month) are statutory holidays.

That is to say, according to the labor law and the regulations on wage payment in Tianjin, workers who work overtime on 6, 7 and 8 days shall pay overtime wages in accordance with 300% of workers' daily wages or hourly wages.

The last 4 days are the rest days that rest together during the Spring Festival holidays by means of rest and rest. That is to say, workers who work overtime on the 9 day (three of the first month), 10 days (four of the beginning of the month), 11 days (five months of the beginning of the month) and 12 days (six days of the beginning of the month) should be arranged according to law according to law.

In addition, the base of calculating overtime pay should not be lower than the wages paid by the workers at their posts. The base of calculating overtime pay shall not be lower than the base of the minimum wage standard of the municipality. If the minimum wage standard is lower than the minimum wage standard of the municipality, the minimum wage standard of this Municipality shall be taken as the base.

Those who perform piecework wage work on the statutory holidays of the Spring Festival shall pay wages according to 300% of the unit price of the legal working hours. If they work on rest days, they shall pay 200% of the unit price of not less than the legal working hours.

If the enterprise does not pay overtime wages according to the regulations, the workers can directly negotiate with the employing units, or may request the trade union organizations to safeguard their rights according to law. They can also report complaints to the labor and social security supervision departments, and labor disputes can be applied for labor dispute arbitration according to law.

Three. Why can't we pay for the overtime pay on statutory holidays instead of rest?

According to the labor law, employers can not arrange overtime work instead of paying overtime wages on statutory holidays.

Because statutory holidays are generally important national traditional festivals or major commemorative days, for workers, rest on statutory holidays is more important than usual rest days. It affects the spiritual and cultural life of workers and other social activities. Once missed, there is no way to make up for it.

Therefore, the labor law and the regulations on wage payment in Tianjin clearly stipulate that the employing unit should pay an overtime wage of not less than 300% of the daily wage or hourly wage of the laborer.

General weekly rest days, every week, mainly for workers to restore physical strength, conservation spirit, so it can be made up at other times.

To this end, the labor law stipulates that workers who work on the rest day (Overtime) should be arranged first to make up for the rest and not to make up for the rest, and pay wages according to 200% of the daily wage or hourly wage.

The rest time should be the same as overtime.

It can be seen that during the Spring Festival holiday, the laborers should pay overtime wages in accordance with the regulations during the overtime period from thirty to two at the beginning of the first month of the lunar new year. Workers who work overtime from the beginning of three to six of the beginning of the month should give priority to the rest.

Four, can workers refuse to work overtime?

The labor law stipulates that employers can extend their working hours after consultation with trade unions and laborers because of the need for production and operation. They should not exceed 1 hours per day. For special reasons, the working hours should be extended. Under the condition of ensuring the health of workers, the working hours should not exceed 3 hours per day, but not more than 36 hours per month.

If the employer violates the above provisions, the worker has the right to refuse to work overtime.

It can be seen that employing units can not force workers to work overtime.

Although overtime work will affect workers' rest and amateur life, workers should have a rational understanding of overtime work. They should establish a sense of loyalty and dedication and teamwork spirit.

As long as it is legitimate and reasonable overtime, it is generally for the development of enterprises, for the sake of the reputation of enterprises, and fundamentally for the interests of all employees.

Therefore, under normal circumstances, laborers should not simply refuse to work overtime on the ground that they can not force laborers to work overtime.

It is necessary to resolve the problem of overtime work by means of consultation between workers, trade unions and employers, and establish a consultative mechanism within the enterprise so as to create harmonious labor relations within the enterprise.

Emphasis should be placed on the care of infants and breast-feeding babies in order to ensure the physical and mental health of mothers and infants. The labor law stipulates that employers should not arrange for extended working hours and night shifts for women workers who are pregnant for more than 7 months.

Female workers should not be allowed to work during the lactation period when they are under the age of one year of age.

In addition, some overtime work is mandatory.

If the labor law stipulates that under special conditions, the employing units require overtime workers to extend their working hours, workers can not refuse.

First, natural disasters, accidents or other reasons that threaten workers' lives and health and property safety need to be dealt with urgently; two, failure of production equipment, pportation lines and public facilities, which affect production and public interests, must be promptly repaired; three, other circumstances stipulated by laws and administrative regulations.

If there is a snow disaster in some parts of southern China, it is the responsibility and obligation of every citizen to work overtime to repair lines, produce disaster relief products, pport disaster relief supplies, and restore normal production and living order. We must not refuse to work overtime on the ground that "we can not force workers to work overtime".

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Five, how does piecework wage pay overtime wages?

A worker who implements piecework wages shall, after completing the quota quota task, arrange for the employer to extend his working hours beyond the statutory standard working hours, and pay wages according to 150% of the unit price of the legal working hours. If he works on the day off, he shall pay 200% of the wages according to the unit price of the fixed time of work, and pay the wages and salaries according to the 300% of the unit work price of the statutory working hours.

Six. How to pay overtime pay when calculating working hours?

The employing unit which has approved the implementation of the comprehensive calculation work hour system by the labor and social security administrative department, and the total actual working time exceeding the total statutory standard working hours in the comprehensive calculation cycle shall be regarded as the extension of the working time. The additional class salary shall be paid according to 150% of the hourly wage which is not less than that of the person. The workers who work on the statutory holiday days shall pay overtime wages according to 300% of the daily wage or hourly wage.

The employing units that have implemented the irregular working system approved by the labor and social security department may not implement the relevant provisions of overtime wages when they work on irregular jobs.

Laborers who implement the daily wage system and part-time labor hour wage system, if provided labor on Saturday and Sunday, are regarded as normal work and do not enjoy overtime pay.

If the labor is provided on statutory holidays, the employer should pay overtime wages according to the regulations.

Seven. What is the minimum wage standard stipulated in Tianjin for calculating overtime pay?

The regulations on wage payment in Tianjin stipulate clearly that overtime pay should not be lower than the minimum wage currently being implemented.

Since last April 1st, the minimum wage standard of thirteen districts such as Heping District has been adjusted to 740 yuan per month and 4.4 yuan per hour; the minimum wage standard of five districts and counties in Baodi, Wuqing, Jinghai, Jixian County and Ninghe counties has been adjusted to 720 yuan per month and 4.3 yuan per hour; the part-time minimum wage standard for part-time workers in the whole city has been adjusted from 6.4 yuan per person per hour to 7 yuan per person per hour.

Eight, how does the overtime pay of employees be converted?

This year, the Ministry of labor and social security issued the notice on the monthly average working hours and the conversion of wages for employees. Among them, the conversion method for workers' overtime wages is stipulated in this way: according to the regulations of the national holidays and holidays, the holiday holidays of all the citizens are set up from 10 days to 11 days.

Accordingly, the average number of working days and the conversion method of wages in the whole month are adjusted to:

1, average working days.

The annual working day is 250 days [365 days -104 days (rest days) -11 days (legal holiday) =250 days]; season working day is [250 days =62.5 days / 4 season =62.5 days / season]; month working day is 20.83 days [250 days =20.83 days / month]; working hours calculation: month, season, year's day of work day to 8 hours a day.

2, the conversion of daily wages and hourly wages.

In accordance with the fifty-first provision of the labor law, employers should pay wages according to law according to statutory holidays, that is, the 11 day statutory holidays stipulated by the state when they are converted into daily wages and hourly wages.

Accordingly, the conversion of daily wages and hourly wages is: daily wages are monthly salary income, monthly salary days; hourly wages are monthly salary income (monthly salary days 8 hours); monthly salary days = (365 days -104 days), December =21.75 days.

Nine. What is the actual value of the average working days and the daily wage and the hourly wage? How do we understand that the working day is 20.83 days, while the monthly salary is 21.75 days?

According to the state regulations, the annual, quarterly and monthly working days are calculated and checked out of statutory holidays, and the average working days such as annual, quarterly and monthly working days are mainly used by enterprises in making product processing techniques, accounting hours, labor intensity and workload, which is an important basic parameter in the management of labor and wages.

Because statutory holidays are paid holidays or paid holidays, calculating statutory wages, including calculating overtime wages, can not eliminate statutory holidays.

The state makes normative conversion of daily wages and hourly wages, and publishes the results of conversion to the public in the form of normative documents. Its practical significance lies in issuing a standard and authoritative wage conversion method to solve the problem of wage quantification in real life.

All sectors of society abide by this provision and solve the problem of wage verification in various industries and fields in a fair and equitable manner.

The most direct significance is to facilitate the calculation of overtime pay, so that the calculation of overtime pay is standardized and standardized.

After understanding this truth, it is easy to understand that our working day is 20.83 days per month, while the monthly salary days are 21.75 days.