Sino-Singapore Jingwei Client, September 20 (Xiong Jiali) The Mid-Autumn Festival and National Day holiday is approaching. Some people plan to go out and some choose to continue to stick to their posts.
The Sino-Singapore Jingwei client's calculations found that the cost of working overtime for 8 days without holidays is equivalent to the salary of 20 days of work.
How do you choose whether to earn overtime or take a vacation?
8 days of overtime, 20 days of normal work
According to the arrangement, this year's National Day will be closed from October 1 to 8 for a total of 8 days.
Work on September 27 (Sunday) and October 10 (Saturday).
The Ministry of Human Resources and Social Security has made it clear that from October 1 to 4, if the employer arranges for workers to work overtime, they shall be paid at least 300% of their wages.
From October 5th to 8th, if the employer arranges for workers to work overtime, they shall arrange compensatory time off; if they cannot arrange for compensatory time off, they shall be paid at least 200% of the salary for overtime work.
During the period from October 1st to 8th, if the employer does not arrange for the laborer to work, it shall be dealt with according to the original salary calculation method.
It is worth noting that regardless of whether the overtime wage is 3 times or 2 times, the employer pays the employee separately after paying the monthly wage.
Therefore, during the Mid-Autumn Festival and National Day holiday, overtime is calculated as "3 times the daily wage in the first 4 days and twice the daily wage in the next 4 days".
For example, if Xiaoxue's monthly salary is 5,000 yuan, according to the Ministry of Human Resources and Social Security, the monthly salary is 21.75, so Xiaoxue's daily salary is 229.89 yuan.
If you work overtime 4 days before Xiaoxue’s holiday, you will get 2758.62 yuan for overtime, which is equivalent to 12 days of normal work. If Xiaoxue works all overtime for 8 days, you will get 4597.7 yuan for overtime, which is equivalent to 20 days' daily wage.
Why can’t I get 6 times the salary for working overtime on October 1st?
Li Xia, a post-95 working student in Shenzhen, was a little bit distressed. She originally planned to travel during the Mid-Autumn Festival and National Day holiday, but the company did not take a holiday from October 1 to 4. Is the company's practice suspected of breaking the law?
At the same time, she was also puzzled. October 1 is the Mid-Autumn Festival and National Day. Why can't I get 6 times the salary for overtime that day?
Sino-Singapore Jingwei Client consulted Su Hainan, a special researcher of the Chinese Labor Society, and Meng Bo, a lawyer from Beijing Jingshi Law Firm, on the above two issues.
Regarding whether Li Xia's company is suspected of breaking the law, Su Hainan said that it is indeed necessary to work overtime due to work during the Mid-Autumn Festival and National Day. It is not illegal for the employer to inform in advance and pay overtime according to the regulations, otherwise it is illegal.
Meng Bo also pointed out that employers must pay for overtime when they arrange overtime.
According to the "Labor Contract Law of the People's Republic of China", if overtime pay is not paid, the labor administrative department shall order the payment of overtime pay within a time limit. If the payment is not made within the time limit, the employer shall be ordered to pay the worker at a standard of 50% to 100% of the amount payable. Pay additional compensation.
Regarding why six times the salary cannot be paid on October 1, Meng Bo said that overtime pay should be analyzed and considered based on the calculation base, calculation coefficient, overtime days and other factors. For overtime work on the same day as the Mid-Autumn Festival and National Day in 2020, employers are required to pay six times overtime. in accordance with.
The staff of the Shanghai Human Resources and Social Security Department also pointed out that although the festivals overlapped, they only worked overtime on a statutory holiday, so one extra shift would only have a triple salary.
(Zhongxin Jingwei APP)
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