Can Overtime Pay Such A "Marked Price"?
Xiao Zhang has recently worked in a shopping mall as a counter salesperson.
Because of his tight hands, he often has to work overtime, even weekends.
Considering that the Department Manager once told him that "the company will pay overtime pay according to the system", Xiao Zhang persisted persisting in it.
But when he got paid and worked overtime for second months, he found that the overtime pay was far too far from his own calculation.
He went to ask the Department Manager, but the manager told him, "our company pays overtime fees according to the rules, and will never lose you."
Later, the manager gave him a "overtime payment standard" set up inside the company, which indicated that the counter sales staff worked overtime at 7 yuan per night, 10 yuan per hour at weekends, and 15 yuan per hour on statutory holidays.
Overtime pay
50 yuan ceiling.
To see this standard, little Zhang Shi is unacceptable.
according to
Labor contract
Agreed, his monthly salary of 3000 yuan, calculated his hourly wage is also more than 18 yuan.
It is really beyond his expectation to give up the overtime pay for the rest time and calculate the standard even so far from his hourly wage.
He talked with the manager, but the manager said, "this is the company's rules and regulations. Everyone is in accordance with this standard:" how can you be an exception? "
Xiao Zhang thought it unfair, but he was not sure whether the overtime pay could really be such a "marked price".
After a careful understanding of Xiao Zhang's salary level and labor contract, the inspector told him that the company's "marked price" for overtime is illegal.
The law stipulates clearly the overtime payment standard: the employer arranges the workers to extend the working hours within the standard working days, and pays 150% of the wages.
Wages and salaries
On the day of rest, workers can not arrange to make up for rest and pay wages of not less than 200% of their wages; statutory holidays should be arranged for workers to work, and not less than 300% of the wages paid.
The wage base of overtime pay should be determined according to the wage standard stipulated in the labor contract.
Therefore, the overtime pay of Xiao Zhang's working day should be more than 27 yuan per hour, and the overtime pay for rest days and legal holidays is higher.
These are far beyond the company's own standards, and Xiao Zhang is paid for it, and the company can not limit the overtime payment.
After the intervention of the Ombudsman, Xiao Zhang finally got his due overtime payment, and the shopping center also promised to amend the regulations.
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