Question: What's the difference between legal holidays and rest days?
In recent years, people usually refer to the days from 10 to 1 7 as "Golden Week". However, according to the provisions of labor laws and regulations, when calculating the overtime pay of workers, its meaning is different, that is to say, these seven days are composed of two parts, namely legal holidays and rest days. The so-called rest day is simply the weekend, which is a regular rest time. There are also legal holidays, which are what we call holidays. In China, legal holidays include New Year's Day, May Day, National Day and Spring Festival. The nature of the two is different, and the overtime pay standard is also different. According to the Measures for Holidays on National Statutory Holidays and Commemorative Days (Decree No.270 of the State Council), the annual holiday of all citizens is 65,438+00 days.
The second question: How to determine 200% and 300% overtime pay?
According to "Labor Law" and "Tianjin Wage Payment Regulations", for this year's 1 1 month Golden Week, the first three days are legal holidays, that is, 65438 10, 2, and 3 days, workers who work overtime shall be paid overtime wages not less than 300% of their daily wages or hourly wages. The last four days are rest days, that is, if employees work overtime on the 4th, 5th, 6th and 7th days, the employer shall first arrange for employees to take compensatory time off. If compensatory time off cannot be arranged, overtime pay shall be paid at not less than 200% of the daily or hourly wages of the workers. In addition, the base for calculating overtime wages shall not be lower than the wages due to workers; Below the minimum wage in this Municipality, the minimum wage in this Municipality shall be taken as the base. In addition, workers who work on the 1 1 legal holiday will receive wages not less than 300% of the piece-rate wages for legal working hours; If you work on rest days, you will be paid no less than 200% of the piece-rate wage for legal working hours.
If the enterprise fails to pay overtime wages according to the regulations, the workers can complain to the labor inspection department.
Question 3: Can overtime work on legal holidays be replaced by compensatory time off?
If the employing unit arranges workers to work on legal holidays, it cannot arrange compensatory time off without paying overtime wages. Because, for workers, legal holidays are more important than usual rest days, which affects their spiritual and cultural life and other social activities, which cannot be compensated by the method of compensatory rest. Therefore, the "Labor Law" and the "Regulations on Payment of Wages in Tianjin" clearly stipulate that if a worker works on a statutory rest day, the employer shall pay overtime wages not less than 300% of the worker's daily wage or hourly wage.
In addition, if workers are arranged to work on rest days, they should be given compensatory time off first. If compensatory time off cannot be arranged, the remuneration shall be no less than 200% of the daily wage or hourly wage. Make-up time should be equal to overtime.
Therefore, for workers who work overtime three days before the Eleventh Golden Week, the employer shall pay overtime wages in accordance with the regulations; Workers who work overtime in the last four days have the final say, whether to "make up the rest" or pay overtime wages.
Four questions: Can workers refuse to work overtime?
Employers cannot force workers to work overtime. Due to the needs of production and operation, the employer may extend the working hours after consultation with the trade unions and laborers. Generally, the daily working hours shall not exceed 0 hours; If it is necessary to extend working hours for special reasons, the extended working hours shall not exceed 3 hours per day and 36 hours per month under the condition of ensuring the health of workers. If the employer violates the above provisions, the employee has the right to refuse to work overtime.
In addition, for female employees who have been pregnant for more than 7 months, the employer shall not arrange for them to extend their working hours and work at night. Female workers shall not be arranged to engage in labor prescribed by the state or other labor prohibited by infants under one year old during lactation, and shall not be arranged to extend working hours and work at night.
Under special circumstances, if the employer requests overtime workers to extend their working hours, the workers cannot refuse: first, natural disasters, accidents or other reasons threaten the life and health of workers and property safety, and need urgent treatment; Second, production equipment, traffic lines and public facilities are out of order, which affects production and public interests and must be repaired in time; Third, other circumstances stipulated by laws and administrative regulations.
Five questions: How can the laborer enterprises that realize piece-rate pay overtime wages?
Workers who implement piece-rate pay shall be paid no less than the piece-rate price 150% of the statutory working hours if the employer arranges them to extend their working hours beyond the statutory standard working hours after completing the piece-rate quota task; If you work on a rest day, you will be paid no less than 200% of the piece-rate wage for legal working hours; If you work on legal holidays, you will be paid no less than 300% of the piece-rate wage for legal working hours.
Six questions: How can the laborer enterprises that implement the comprehensive working hours system pay overtime wages?
With the approval of the administrative department of labor and social security, the employing unit that implements the working system of comprehensive calculation of working hours, if the total of actual working hours exceeds the total of legal standard working hours during the comprehensive calculation period, shall be regarded as extending working hours and paying overtime pay not less than my hourly wage 150%; If workers are arranged to work on legal holidays, they shall pay overtime pay not less than 300% of the daily wage or hourly wage.
With the approval of the labor and social security department, the employing unit that implements the flexible working system may not implement the provisions on overtime pay for the workers who work in the positions that implement the flexible working system. Workers working under the daily wage system and part-time hourly wage system who provide labor on Saturday and Sunday are regarded as normal work and do not enjoy overtime pay. Where labor is provided on legal holidays, the employing unit shall pay overtime wages in accordance with regulations.
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