Wednesday, March 20, 2013

The lowest overtime pay of all parts on National Day

The lowest overtime pay of all parts on National Day
General Office of the State Council has announced " Arrange on National Day and holiday on Mid-autumn Festival " . At National Day holidays and encountering by chance on the Mid-autumn Festival of this year, working clan had 8 unprecedented days free. However, in festival, should always have some people to insist in the post and work overtime. On this unprecedented 8 days vacation, how the overtime wage can be regarded as the topic that a lot of people care about. Especially on October 3, it is one of the public holidays in three days of National Day, whether it is also Saturday or Mid-autumn Festival, " three meets " here Date in overtime work,calculate money paid for odd jobs what?
Arrangement of having a holiday
According to the arrangement of having a holiday of National Day, the Mid-autumn Festival which General Office of the State Council released yesterday, have a holiday on 1 - 8 of October of this year, amounts to 8 days. Among them, October 1 (Thursday) , 2 day ( Friday) , 3 day ( Saturday and Mid-autumn Festival) For National Day legal festivals or holidays; 4 days (Sunday) General holiday as usual; General holiday transfer to 5 3 day Saturday ' Monday) ; Transfer to 6 3 day Mid-autumn Festival ' Tuesday) ; September 27 ( Sunday) , October 10 ( Saturday) Transfer until October 7 on official holiday ' Wednesday) , October 8 ( Thursday) . Go to work on September 27 and October 10.
Legal and false to work overtime and pay the salary of triple
According to the relevant regulation, on public holiday, the employing unit arranges overtime work, must be on the basis of paying the staff salary normally, pay the overtime wage separately according to 300% lower than the day or hourly wage of staff. That is to say, on October 1, the 2nd, the 3rd, the overtime pay is undoubtedly carried out according to standard of 3 times clearly.
Meanwhile, on October 4, the 5th, the 7th, the 8th, belong to official holiday or is changed by official holidays, according to the regulation, the employing unit arranges for the staff to work overtime, can arrange compensatory time instead of paying the overtime wage in the meantime, give compensatory time, should or 200% of hourly wage pay the overtime wage according to lower than day such as staff.
The overtime pay is pressed legally and pretended to deal with on the 6th
This will it be vacation 8 day, compare, want, belong to October 6 while being special, change by October 3 Mid-autumn Festival vacation, then how is the overtime pay of this day calculated? Meet legal false eclipsed situation for the first time ' Legal and false on October 3 National Day and legal and false and coincident on the Mid-autumn Festival) ,Pay the standard and produce difference to the overtime pay of the 6th in the society.
A kind of view thinks, it is the Mid-autumn Festival on October 3 the same day, though transfer until October 6 (Tuesday) on Mid-autumn Festival break ,Supplement one day such as rest just too, but can't statement make follow, move even vacation, because the time on Mid-autumn Festival is fixed, it is 3 days, it is unable to change, so can't pay the overtime pay according to standard of 3 times in 6 days. Second view think Mid-autumn Festival (3 day) Break if you can't transfer, until the 6th, should all public holiday when looking at those 6 day.
To the above-mentioned different opinions, the reporter understands the labour department, the reply received is treating as public holiday on October 6. So, will pay the overtime wage with standard triple on October 1, the 2nd, the 3rd, the 6th.
Does the overtime wage calculate how to calculate the base figure?
While confirming the calculation base figure of the overtime wage, there is an appointed one on salary in the labour contract, should according to lower than the intersection of labourer and I that labour contract agree on, fix in wage standard that post correspond to. Not appointed in the labour contract, can be by employing unit and the representatives of employees, through consulting collectively, clear in the collective agreement. Employing unit and labourer do not have the above-mentioned appointed one, fix in 70% of the normal attendance monthly salary of post according to labourer oneself. The one that should pay attention to is, if the overtime wage that the above-mentioned method confirms calculates the base figure is lower than minimum wage, should calculate according to the minimum wage, the lowest wage standard in the current moon is 960 yuan.
How should the daily wage be converted
Daily wage convert firewood 21.75 day such as day according to counting per month on average,hourly wage on the basis of daily wage divided by 8 hour. Namely the overtime wage computing technology of every day is among the Spring Festival long vacation:
Overtime wage on festivals or holidays =Calculation base figure �� 21.75* 300% of the overtime wage
Overtime wage on day off =Calculation base figure �� 21.75* 200% of the overtime wage
Applicable scope of overtime wage
Labourer sanctioned implementing the working system of man-hour for comprehensive calculation, the part that actual working time exceeds legal standard working time in calculating man-hour synthetically, should deem, work overtime, employing unit I 150% of the wage standard pay the overtime wage hour according to lower than labourer. If the employing unit arranged for the labourer to work on legal festivals or holidays, should or 300% of hourly wage pay the overtime wage separately according to lower than day such as I such as labourer. In addition personnel that man-hour make implement indefinite, employing unit legal to arrange work it festivals or holidays, want according to lower than day such as I or 300% of hourly wage pay the overtime wage separately.


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