1, New Year's Day overtime only one day is triple wages;

2, January 1, the employer to arrange for workers to work overtime, should be New Year's Day holiday period, such as arranging for overtime work, should be paid not less than three hundred percent of the daily or hourly wage base wage compensation.

3, January 2, 3, the employer to arrange for workers to work overtime, should be arranged for compensatory time off; can not be arranged for compensatory time off, should be not less than 200 percent of the daily or hourly wage base salary compensation.

4, the specific formula for calculating overtime pay:

(1) January 1 overtime pay = overtime pay base ÷ × 300%.

(2) January 2 and 3 overtime pay = overtime pay base ÷ × 200%.

State regulations on New Year's Day overtime is three times the wages, for the New Year's Day is a national holiday, in the calculation of the workers will be issued by the wage base to three times to give, which is generally required by the employer to be issued.

One, the state regulations on New Year's Day overtime several times the wages?

In accordance with customary practice, New Year's Day is a legal holiday, therefore, workers work on New Year's Day, the employer should be in accordance with the daily wage of three times the overtime wages. January 2 to 3, the employer can choose to give the workers to arrange for compensatory time off or in accordance with the worker's own daily wages of not less than twice the wages of overtime payment.

The basis of calculation of overtime wages: if the contract agreed on the monthly wage, the agreed monthly wage is the basis of calculation of overtime wages; the contract does not agree on the monthly take-home pay discounted by 70% is the basis of calculation of overtime wages.

Second, China's legal holidays which

The first category

is the holiday of all citizens, including: New Year's Day (January 1, 1 day off), the Spring Festival (New Year's Eve, the first two days of the first month of the first

1, the first two days of the first day off), the Labor Day (May 1, 1 day off), the National Day (October 1, 2, 3, 3 days off), the Ching Ming Festival (1 day off), the National Day (1, 2, 3, 3, 3, 3 days off). 1 day off), Dragon Boat Festival (1 day off) and Mid-Autumn Festival (1 day off).

The second category

In addition to the holidays for all citizens, there is a second category of holidays and anniversaries for some citizens, including Women's Day (half a day's holiday for women on March 8), Youth Day (half a day's holiday for young people over 14 and under 26 years old on May 4), Children's Day (one day's holiday for children and teenagers under 14 on June 1), the anniversary of the founding of the PLA (one day's holiday on Aug. 1), and the anniversary of the founding of the PLA (one day's holiday on Aug. 1), and the anniversary of the founding of the PLA (one day's holiday on Aug. 1). Army Founding Day (half a day off on August 1 for active military personnel).

According to China's legal holiday regulations, New Year's Day is a legal holiday, a day off, through the holiday transfer, generally three days off, namely, January 1st, January 2nd and January 3rd. Therefore, New Year's Day is a legal holiday.

5, Legal basis:

"Chinese People's **** and the State Labor Law," Article 44

"The National Annual and Memorial Day Holidays"

Article 2 of the holidays for all citizens to take a holiday:

(a) New Year's Day, one day off (January 1);

() (b) Spring Festival, a holiday of three days (the first, second and third days of the first month of the lunar calendar);

(c) Ching Ming Festival, a holiday of one day (the day of Ching Ming);

(d) Labor Day, a holiday of one day (May 1);

(e) Dragon Boat Festival, a holiday of one day (the day of the Dragon Boat Festival);

(f) Mid-Autumn Festival, a holiday of one day (the day of the Dragon Boat Festival);

(f) Mid-Autumn Festival, a holiday of one day (the day of the Dragon Boat Festival);

(h) Mid-Autumn Festival, a holiday of one day (the day of the Dragon Boat Festival);

(i) Mid-Autumn Festival, a holiday of one day (the day of the Dragon Boat Festival);

(j) Mid-Autumn Festival, a holiday of one day (the day of the Dragon Boat Festival);

(k) Mid-Autumn Festival (F) Mid-Autumn Festival, 1 day off (the day of the Mid-Autumn Festival in the lunar calendar);

(VII) National Day, 3 days off (October 1, 2, 3).

Second, overtime pay is how to stipulate

Legal basis: "Chinese People's Republic of China and the State Labor Law"

Article 40 Employers shall arrange for workers to take leave during the following festivals in accordance with the law:

(1) New Year's Day;

(2) Chinese New Year;

((3) International Labor Day; (4) International Day of the World's Children; (5) National Day of the World's Children; (6) National Day of the People's Republic of China; (7) National Day, 3 days off (October 1, 2, 3). (iii) International Labor Day;

(iv) National Day;

(v) other vacation holidays prescribed by laws and regulations.

Article 44 Where any of the following circumstances exists, the employer shall, in accordance with the following standards, pay wages and remuneration higher than the wages of the workers for their normal working hours:

(1) if the employer arranges for the workers to extend their working hours, the employer shall pay wages and remuneration of not less than 150% of their wages;

(2) if the employer arranges for the workers to work on their days off and is unable to arrange for compensatory time off, the employer shall pay wages and remuneration of not less than 200% of their wages. (ii) on the day of rest, and can not be arranged for compensatory time off, pay not less than 200 percent of wages;

(iii) statutory vacations arranged for workers to work, pay not less than 300 percent of wages.

That is, the overtime pay for the night is 150% of my salary, 200% on weekdays and 300% on national vacations. However, this is only the proportion stipulated by the state, and the key to the amount of overtime pay is the wage base.

The base of overtime pay can be determined by the enterprise and the employee consultation, otherwise the enterprise should be determined in accordance with the worker's own normal labor wages. Enterprises calculate the wage base for overtime pay, first of all, should be determined in accordance with the labor contract agreed upon by the worker's position relative to the wage standard. If there is no agreement in the labor contract or collective contract, the representatives of the employees and the employer can determine the wage through collective negotiation, and the result of the negotiation shall be the signing of the collective wage agreement (if the employer is approved to implement the irregular work system, the above provisions shall not be implemented). Daily wages are calculated by dividing the base figure by the average number of days of work per month (in some enterprises, for convenience, 21 days per month).

Comprehensive the above, New Year's Day is a statutory holiday, if the request for overtime, then the holiday will be given by triple the wage calculation, but for the New Year's Day there is only one day for the statutory holidays, if it is part of the Spring Festival, then the first three days of the Spring Festival for the statutory holidays, so the wage standard will be different for different situations.