How Can We Calculate The Overtime Of "May 1"?

According to the general office of the State Council, part 2015

The notice of the arrangement will be closed in May 1st.

According to the relevant laws and regulations, employers should arrange overtime work for workers in May 1st. They should pay overtime wages in accordance with 300% of the daily or hourly wages of the workers themselves. During the period from May 2nd to 3, employers can arrange overtime work for the workers.

I pay 200% of the daily or hourly wage to pay overtime wages.

Calculation

When wages are paid, the daily wages are converted to 21.75 days on the basis of the average monthly payroll days, while the hourly wage is divided by 8 hours on the basis of daily wages.

When determining the calculation base of overtime pay, the labor contract has a definite stipulation for wages, and shall be determined according to the wage standard corresponding to the post of the laborer.

If the labor contract has no definite agreement on wages, it shall be executed according to the collective contract.

Where there is no agreement between the employing unit and the laborer, it shall be determined according to the 70% of the monthly wage income of the laborer in his post.

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If a large number of laborers do not get overtime pay if they have been working overtime on statutory and public holidays, they may complain to the local labor supervision department at the same level.

The above overtime pay is calculated in accordance with the normal situation. For some special jobs, there are special laws.

The thirty-ninth provision of the labor law stipulates: "enterprises can not implement the thirty-sixth law of this law because of the characteristics of production (the State implements a working hour system that does not exceed 8 hours per day, the average weekly working time does not exceed 44 hours"), and thirty-eighth (employers should guarantee workers to rest at least 1 days a week). After the approval of the labor administrative department, other work and rest methods can be implemented.

What kind of work is an exception? According to the thirty-ninth article of the labor law, the examination and approval method for the implementation of the irregular working system and the comprehensive calculation work hour system (hereinafter referred to as the "examination and approval procedures") clearly stipulates this.

It is stipulated that senior management, field workers, salesmen, some duty officers and other workers and staff members in enterprises, long-distance drivers, taxi drivers and workers in railway, port and warehouses who are unable to work in accordance with standard working hours and other workers who need to work in a flexible way, as well as workers who are required to work in a special way, can carry out other work and rest methods such as irregular working hours or comprehensive calculation of working hours. In such sectors as pportation, railways, posts and telecommunications, water pport, aviation, fishery, etc., workers who need continuous operations due to their special working nature, and workers engaged in geological and resource exploration, construction, salt making, sugar making, tourism and other industries restricted by seasonal and natural conditions, can carry out comprehensive calculation of working hours. "Examination and approval procedures"

The "examination and Approval Measures" stipulates that workers who have implemented the above two working systems shall, on the basis of ensuring the health of workers and fully listening to the opinions of staff and workers, adopt appropriate ways such as centralized work, centralized rest, rest and rest, flexible working hours, etc., to ensure the workers' right to rest and vacation and the completion of production and work tasks.

The above two types of work units need to be approved by the labor administrative department, and they will still be counted as overtime if they exceed the total working hours.