How To Calculate Overtime Pay For Mid Autumn Festival And National Day?

This year's Mid Autumn Festival is closely linked to the national day.

How should employers pay overtime?

According to the holiday arrangement arranged by the general office of the State Council, this year's Mid Autumn Festival falls on the new year September 27th (Sunday), so the Mid Autumn Festival holiday time is: September 26th (Saturday), September 27th (Sunday, statutory holidays), a total of 2 days; at the same time, it also announces the National Day holiday arrangement this year: from October 1st to 7th holidays for 7 days, October 10th (Saturday) to work one day, October 11th (Saturday) as usual.

As we all know, on average, there are 8 days off on weekends, about 22 days in real time.

If so, if it's Mid Autumn Festival and national day this year,

The 9 days of the two holidays can earn one month's salary.

Some netizens said, "I have to apply for overtime work voluntarily, finish 9 days' classes, ask for leave again, and play enough."

Employers should pay 3 times for workers to work overtime on statutory holidays.

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According to the relevant experts, overtime work should be doubled on the basis of the standard of overtime work on public holidays.

In the 9 days' holiday, September 27th Mid Autumn Festival, October 1, 2, 3 days, 4 days are statutory holidays, and should be calculated according to 3 times the salary.

The rest of the 5 days are rest days, which should be calculated according to double wages.

If you work overtime for 9 days, you can get a maximum of 22 days' salary.

Take an employee with a monthly salary of 6000 yuan as an example. His overtime base is 6000 yuan divided by monthly salary 21.75 days, or 275.9 yuan.

This year's Mid Autumn Festival and national day, there are 4 days of statutory holidays. Every day is 3 times overtime wages. It should be no less than 827.7 yuan per day. The rest of the 5 days will be paid 2 times the wage according to the standard of overtime work on public holidays, which is no less than 551.8 yuan per day.

In the 9 world, if the worker goes to work in 9 days, he can get an overtime pay higher than one month's salary, that is, 6069 yuan.

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When a job seeker participates in an interview or signs a labor contract, what kind of personal information should he disclose to the employer? The law only provides a general stipulation, that is, the eighth provision of the labor contract law stipulates: "the employer has the right to understand the basic situation that the worker is directly related to the labor contract, and the worker should explain it faithfully".

That is to say, when interviewing or concluding a labor contract, the applicant has the obligation to inform the basic situation which is directly related to the labor contract, and the employer has the right to know.

The information "directly related to the labor contract" may not be the same because of different occupational nature and job position, but it mainly refers to the information matching the qualification of the laborer.

In practice, job seekers should truthfully explain personal information, that is, the scope of the right to know of the employer, generally including: the age of the applicant, the address of the family, and the composition of the main family members; the physical condition is mainly whether they suffer from diseases that are not suitable for job hunting, whether they suffer from infectious diseases, etc.; qualifications, vocational qualifications, working skills, work experience, and whether there are labor relations with other employers.

As for personal information which is not directly related to recruitment, such as marital status, life experience, property status, hobbies, whether single parent families, or physical defects that are not related to labor capacity, it should belong to the scope protected by privacy. Job seekers have no obligation to disclose, and single person can not be forced to do so, otherwise, they may constitute employment discrimination against laborers.

The workers should truthfully inform the employees of the information within the scope of the right to know, and if they fail to disclose them truthfully, they may constitute a major misunderstanding or even constitute fraud.

Once fraud is constituted, the laborers will bear certain legal consequences.

According to the provisions of the twenty-sixth, thirty-ninth and eighty-sixth articles of the labor contract law, the specific legal consequences include: the labor contract signed is invalid or partly invalid; for an invalid labor contract, the employer can terminate the labor relationship; if the labor contract is confirmed invalid, it causes damage to the employer, the worker shall be liable for compensation.

Of course, not all concealment is a form of fraud.

Only fraudulent statements are made for those key information related to the labor contract, such as academic certificates, qualifications, knowledge, skills and work experience.

Generally speaking, it is not suitable to be considered as a fraud for the physiological defects, marital status and family members that are not directly related to the labor contract, because these information is not a substantive requirement of the work, and will not affect the working ability of the workers.