Yangzi Evening News (Reporter Wang Yun) Did you work overtime this holiday?
How to receive overtime wages has become the most concerned topic for "overtime workers".
So, how to calculate overtime pay?
Can I use compensatory leave instead?
According to the regulations, October 1st, 2nd, and 3rd are statutory holidays. If the employer arranges workers to work overtime, they should pay overtime wages not less than 300% of the workers' daily or hourly wages; October 4th and 5th On the day, 6th, and 7th, the employer can choose to give compensatory leave or pay overtime wages not lower than 200% of the employee's daily or hourly wages.
According to the regulations of the state and Jiangsu Province, daily salary = monthly salary income ÷ monthly salary days (21.75 days).
From August 1, 2021, Jiangsu Province will implement a new minimum wage standard. Taking the monthly minimum wage standard of 2,280 yuan in Nanjing, a first-class area as an example, the minimum daily wage is about 104.83 yuan.
In this way, if you work overtime on the National Day, you can get at least 314.49 yuan (104.83×3) per day, and if you work overtime from the 4th to the 7th, you can get at least 209.66 yuan (104.83×2) per day. If you work overtime for 7 days on the National Day holiday, you can at least Get overtime pay of 1782 yuan, equivalent to 17 days of wages.
The Human Resources and Social Security Department reminds that the above cases are calculated based on the minimum wage standard in Nanjing urban area. In actual situations, when determining the calculation base of overtime wages, if the labor contract has a clear agreement on the wages, it shall be not lower than the employee's position corresponding to The wage standard is determined, that is to say, the actual compensation of many overtime workers is higher than the minimum wage standard.
So, if you arrange overtime during holidays, do you have to pay overtime wages?
Some units asked, "Can we arrange for employees to take a few days off after working overtime on statutory holidays?" In this regard, the Human Resources and Social Security Department said that although compensatory leave is good, it is not a "choice of two" with overtime wages on statutory holidays. relation.
According to the law, if an enterprise arranges overtime on a statutory holiday, it must pay overtime wages.
That is to say, three days before the National Day holiday cannot be made later, as long as you work overtime, the employer will pay overtime pay.
However, compensatory time off can be paired with overtime on rest days.
The law stipulates that if a worker is arranged to work on a rest day but cannot arrange for compensatory time off, a remuneration of not less than 200% of the salary shall be paid.
That is to say, from October 4th to 7th, if the company arranges employees to work overtime, priority will be given to compensatory leave, and if compensatory leave cannot be arranged, 200% of the salary will be paid.
We also remind "overtime workers" that if overtime pay is deducted, they can report it directly to the labor security supervision department, or report it by calling 12333.