China-Singapore Jingwei Client, February 7 (Xiong Siyi) The Spring Festival holiday is approaching, and some people continue to stick to their posts.
According to relevant regulations, workers who work overtime for 3 days on the first, second and third day of the first month should be paid no less than 3 times their daily wage.
Get 40% more of your salary for three days of overtime
On January 27, Zhang Ying, director of the Employment Promotion Department of the Ministry of Human Resources and Social Security, stated that if workers are arranged to work overtime during the Spring Festival, the employer shall pay overtime wages in accordance with the law.
The "Labor Law of the People's Republic of China" shows that if workers are arranged to work on statutory holidays, they shall be paid no less than 300% of their wages; if workers are arranged on holidays and cannot be arranged for compensatory rest, the payment shall not be less Two hundred percent of the salary is paid.
The arrangement for the Spring Festival in 2021 is: February 11-17, a holiday period of 7 days.
Among them, February 12-14 is a legal holiday.
That is to say, according to the standard of "3 times the daily wage for 3 days on the first day, second day and third day of the first month, and twice the daily wage for the remaining 4 days", the Spring Festival overtime expenses are calculated.
Data map: RMB and salary slips.
Photo by Xiong Jiali of Sino-Singapore Jingwei
Assuming that a worker’s monthly salary income is 6000 yuan, according to the Ministry of Human Resources and Social Security, the number of monthly salary days is 21.75, and the daily wage is 275.86 yuan.
If the worker only works overtime on three statutory holidays, he will be paid 2,482.74 yuan for overtime, which is more than 40% of his monthly salary.
It is worth mentioning that the "Labor Law of the People's Republic of China" stipulates that if working hours need to be extended due to special reasons, the extended working hours shall not exceed 3 hours per day, but shall not exceed 36 hours per month under the conditions of ensuring the health of the workers. .
Workers have the right to refuse overtime
Although it is good to earn more money, some people are more willing to take advantage of the rare holiday to relax.
If the company requires employees to work overtime, can workers refuse it?
The "Labor Contract Law of the People's Republic of China" stipulates that employers should strictly implement the labor quota standards, and must not force or in disguise to force workers to work overtime.
In other words, during the Spring Festival, if the employer arranges overtime, it needs to negotiate with the employee. Only when the employee voluntarily arranges overtime, and the overtime hours are limited.
If the company threatens to fire, how should workers respond?
The Shanghai Pudong Court issued a case a few days ago, which may add more confidence to the majority of "workers."
According to the WeChat account of Shanghai Pudong Court, Xiao Zhang, a software engineer from a consulting company, was fired for refusing the company's request to bring his computer home to work during the Spring Festival holiday.
After labor arbitration, Xiao Zhang received a compensation of 194,000 yuan.
The company dissatisfied and filed an appeal, which was later dismissed. The judgment has now taken effect.
On February 3, some media commented, “Workers’ right to rest and vacation should not be infringed. Even if employees are required to work overtime during the holiday season, employees’ consent should be obtained. Workers are still assigned during the holidays and dismissed if they are not satisfied. Such harsh practices are not only impersonal. It also violates labor laws."
Working overtime to earn money or celebrating the New Year with peace of mind, how do you choose this Spring Festival?
(Zhongxin Jingwei APP)
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