Settle overtime “legal account” for local workers during Spring Festival holiday


“Every festival times miss relatives”, the festival home is always the “rule”.However, in the past two years, affected by the epidemic, it has become the choice of many people not to go back to their hometown but to stay in their hometown as much as possible.Local New Year, many people will choose to stay at their posts.In this case, during the Spring Festival to work, how to calculate overtime pay?This issue is getting a lot of attention.After all, this is what the calendar looks like for us overtime workers.A series of issues such as overtime and overtime payment accounting are related to the vital interests of workers, therefore, it is necessary to work out a “legal account” for the local Chinese New Year overtime payment.Zhang, a southerner, has been working in a large supermarket since he moved to the north with his wife and daughter a few years ago.Because of the long distance between the north and the south, and busy work, the number of times to go home every year can be counted on one’s fingers, there is no doubt that the Spring Festival has become a must go home festival.However, due to the impact of the epidemic, zhang’s city urged him not to return to his hometown but to stay there as much as possible.To avoid the risk of people moving around and catching the virus, Zhang gave up his plan to return home.As it happened, the supermarket was worried about the shortage of staff during the Spring Festival, so it arranged for Xiao Zhang to work during the Spring Festival.In order to help the family, Xiao Zhang decided to go back to work.Xiao Zhang only knows that he can get more money for working during the Spring Festival, but he doesn’t know exactly how he will be paid for overtime work during the Spring Festival.According to relevant laws and regulations, employers should arrange workers to work in the rest day, should first arrange their compensatory rest;The compensatory time shall not be less than the overtime hours.Cannot arrange fill rest, according to not under oneself day or hour overwork salary plan hair base 200% pay overwork salary.Unit of choose and employ persons arranges laborer to work in legal vacation day, ought to according to not under him day or the 300% that hour overwork salary plans hair base pays overwork salary, cannot use adjust rest or fill rest to replace.”Overwork salary plan hair base”, it is to show unit of choose and employ persons normal production manages the salary after he laborer deducts overwork salary last month, but must not be under local minimum wage standard.Notable is, execute comprehensive computation man-hour work to make, laborer is in comprehensive computation cycle the actual working time inside should not exceed total legal standard working time, exceed the part to regard as lengthen working time, unit of choose and employ persons should pay laborer overwork salary by 150%.The relevant provisions on overtime pay shall not apply to employees who implement the irregular working time system.Specific to the Spring Festival during the Spring Festival overtime pay how to calculate the Spring Festival holiday arrangement: Lunar New Year’s Eve to the first six months, which New Year’s Eve, the first month, the first two units arrange workers to work overtime, should pay not less than 300% of the daily wages of workers overtime pay to workers, and can not arrange compensatory rest or off;From the 3rd day of the 1st month to the 6th day of the 1st month, the unit arranges laborer to work overtime, should pay not less than laborer daily wage 200% overtime remuneration.For example, if the company arranges an employee to work overtime from January 31 to February 6, the employee adopts the standard working hour system and the monthly salary is 5000 yuan. The overtime salary from February 1 to 3 should be 2069 yuan (5000÷21.75×300%×3).The overtime pay from January 31 and February 4 to 6 should be 1,839 yuan (5000÷21.75×200%×4).Crown gets the lawyer to remind: no matter when, if the unit of choose and employ persons arranges the worker to work overtime, then ought to pay the worker overtime wages according to the provisions of the country.If the unit does not pay or the standard that sets under a country pays, laborer can negotiate with unit of choose and employ persons, unit of choose and employ persons refuses to pay, can inform against to the labor that has jurisdiction to ensure supervisory branch or complain.Because overtime pay produces dispute, laborer can apply for arbitration to the labor personnel dispute arbitration organization that has jurisdiction.

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