1. Does the employee have the right to refuse to work overtime? According to Article 41 of the Labor Law, due to the needs of production and operation, the employer may extend the working hours after consultation with the trade unions and workers, and generally the working hours shall not exceed 1 hours per day; If it is necessary to extend working hours for special reasons, the extended working hours shall not exceed 3 hours per day, but not more than 36 hours per month under the condition of ensuring the health of workers. It can be seen that under normal circumstances, a company requires employees to work overtime, which should meet two conditions. First, it needs to extend working hours due to production and operation; Secondly, the company should negotiate with trade unions and workers before extending working hours. The company requires employees to work overtime, and employees have the right to refuse. However, not all employees can refuse the company's overtime request. According to the provisions of Article 42 of the Labor Law, the extension of working hours is not restricted by the provisions of Article 41 of this Law under any of the following circumstances, such as natural disasters, accidents or other reasons that threaten the life and health of workers and property safety and need urgent treatment; Or production equipment, transportation lines, public facilities break down, affecting production and public interests, and must be repaired in time; Or other circumstances stipulated by laws and administrative regulations. In the above news events, if they are engaged in jobs similar to the above situations, then the company has the right to ask them to work overtime, but they should be given reasonable preparation time, and at the same time, they should pay their overtime fees according to the regulations.

2. The holiday fee cannot be counted as overtime pay, and the employer arranges the workers to work outside the standard working hours according to law; Overtime wages shall be paid according to the following standards; (1) Where the working hours are extended beyond the daily standard working hours, overtime pay shall be paid at no less than 1.51% of the hourly wage base; (2) Those who work on rest days shall be given compensatory time off at the same time; if compensatory time off cannot be arranged, overtime pay shall be paid at not less than 211% of the daily or hourly wage base; (3) Those who work on legal holidays shall pay overtime pay at not less than 311% of the daily or hourly wage base. The base for calculating overtime pay should be: determined according to the employee's own salary standard agreed in the labor contract; If there is no agreement in the labor contract, it shall be determined according to the overtime wage base agreed in the collective contract; If there is no agreement in the labor contract or the collective contract, it shall be determined according to the wages due to the laborer's normal labor. Many units often give employees a certain amount of money as holiday expenses during festivals, thinking that this can be counted as overtime expenses for employees. In fact, this idea is wrong. Festival expenses and overtime pay are different in nature and cannot replace each other. Overtime pay is the economic compensation for workers' rest time. Although the holiday fee is also part of the salary, it is of a welfare nature and does not require workers to provide extra work. In addition, because overtime refers to the extended working hours of the employer due to the needs of production and operation, after consultation with trade unions and workers, during holidays, the employer arranges workers to be on duty as needed, which cannot be regarded as overtime. The above are the knowledge points and answers compiled by Xiaobian. If you have anything else you want to know, you can ask for legal advice.