The "National Day" is the birthday of our motherland. While we celebrate the birthday of our motherland, as workers, we are also happy that we have finally ushered in the National Day holiday. Those who do not have holidays also have a lot of overtime pay. Holidays and overtime pay have laws to follow, which is also the result of China's prosperity and development. Some workers only know that they have holidays and overtime pay, but they don't know how to calculate it. Let's take a look at it in detail!
1. Can overtime pay be replaced by compensatory leave? According to the law of our country, if an employer arranges workers to work overtime but cannot arrange compensatory leave, it should pay overtime pay. However, not all overtime can be solved by compensatory leave. It is possible to arrange compensatory leave for overtime work on daily working days and weekends, but overtime work on statutory holidays cannot be handled by compensatory leave, and overtime pay must be paid.
2. The overtime pay is calculated and paid in multiples. They are all overtime, but overtime on weekdays, weekends and holidays are different. According to the Labor Law of China, if a worker voluntarily prolongs working hours on working days without violating the provisions on overtime hours, and cannot take compensatory leave, the employer shall pay 1.5 times of the hourly wage for overtime; If overtime is arranged on weekends and cannot be taken off in lieu, overtime pay shall be paid at twice the daily wage; If overtime work is arranged on holidays, the overtime pay shall be 3 times the daily wage.
3. The daily wage calculation method. The daily wage is the calculation base of overtime pay for overtime on holidays. How should the average daily wage of workers be calculated? Some units calculate the number of days of attendance (monthly salary/number of days of attendance) of workers in the last month or this month. This calculation method is not accurate. According to the Labor Law of China, the average daily wage is calculated according to 21.75 days of average working days. Similarly, when workers ask for leave to deduct the wages of the day, this standard is also applied.
4. The basic salary, the average number of working days per month is 21.75, so how should the average monthly salary of workers be calculated? In order to reduce the overtime pay paid to workers, some units only calculate the basic salary of workers in the wage base, such as post allowance, seniority allowance, etc., which is not included in the wage base. As a result, the wage base of workers is much less than the actual wage, so is the overtime pay. China's laws stipulate that the monthly salary of workers is equal to their legitimate income, including basic salary, bonus, allowance, commission, etc.
Overtime is the normal state of workers. Many workers also stick to their posts on the National Day. There are many people working overtime, and many of them are "off". Even if there is overtime pay, many workers have not paid attention to whether their overtime pay is right or not. Overtime pay is a part of the salary system and the legitimate income of workers. It is illegal for employers to use compensatory leave to exchange for workers to work overtime on legal holidays!
