On The Day Of May 1, Overtime Work Must Be Paid Three Times The Daily Wage.

If you work overtime for 3 days without a break, the overtime pay should be at least 740.2 yuan.

Labor Day May 1st, overtime on the same day should be paid three times overtime pay; in from April 29th to 30th, it can be paid to rest or pay double daily wages.

Then, how to calculate the specific overtime pay? Three times daily wage = the base of overtime pay 21.75 days 300%; double daily wage = the base of overtime pay 21.75 * 200%; overtime per hour = day.

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The 21.75 day is the average monthly salary.

The calculation basis of overtime pay is the normal attendance monthly wages corresponding to the positions of workers. It does not include the year-end bonus, commuting allowance, working allowance, housing subsidy, night shift allowance, summer high temperature allowance, overtime pay and other special circumstances.

If the labor contract has a definite agreement on the monthly wages of the laborers, the monthly wages corresponding to the positions of the laborers stipulated in the labor contract shall be determined; if the actual performance is inconsistent with the labor contract agreement, the monthly wages corresponding to the actual performance of the laborers' posts shall be determined.

If the labor contract does not specify the monthly wages of workers, collective contracts (

The special collective contract shall determine the monthly wages corresponding to the positions corresponding to the monthly wages of the workers according to the collective contract (the wage special collective contract).

If labor contracts and collective contracts (wage special collective contracts) have no agreement on workers' monthly wages, they shall be determined according to 70% of the monthly wages of workers (including bonuses, allowances, allowances).

It is worth mentioning that the calculation base of overtime pay and vacation pay should not be lower than the minimum wage stipulated by this Municipality.

Since April 1st this year, the minimum wage in Shanghai has been adjusted to 2300 yuan / month.

So if you work overtime for 3 days without a break, the overtime pay should be at least 740.2 yuan.

The labor contract law stipulates that the labor contract is right.

If the dispute is not clear with respect to the labor standards, the employer and the worker may renegotiate. If the negotiations fail, the provisions of the collective contract shall apply; if there is no collective contract or collective contract does not stipulate the remuneration for labor, equal pay for equal work shall be applied; if there is no collective contract or collective contract does not stipulate the working conditions and other standards, the relevant state regulations shall apply.

There are two items of "wages payable" and "paid wages" in the wages received by employees. According to the trial situation, problems and Countermeasures of the labor dispute cases in Beijing court from 2012 to 2013, the main difference between workers' monthly "paid wages" and "real wages" lies in all kinds of deductions and expenses, including the social insurance premiums, taxes and fees that individuals should bear.

For social insurance, taxes and fees, the employer only undertakes the obligation to pay, and the worker's tax is the responsibility of the tax authority. The payment of social insurance is the responsibility of the social insurance institution. The court should generally determine the wage standard according to the worker's "earned wages".

Therefore, you can negotiate with the unit to determine the salary standard by the amount of "PAYABLE wages" on your payroll, and then to calculate the overtime pay.

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