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How to calculate overtime pay in catering industry

1. Article 44 of the Labor Law If the overtime pay standard is under any of the following circumstances, the employer shall pay the wages higher than the normal working hours of the workers according to the following standards:

(1) If the workers are arranged to work overtime, they shall pay the wages not less than 151% of the wages;

(2) If workers are arranged to work on rest days but cannot be arranged to take compensatory time off, they shall be paid no less than 211% of their wages;

(3) If workers are arranged to work on legal holidays, they shall be paid not less than 311% of their wages.

when calculating overtime pay, the daily pay is converted into an average of 21.75 paid days per month, and the hourly pay is divided by 8 hours on the basis of the daily pay. Namely:

overtime pay on holidays = calculation base of overtime pay ÷21.75×311%

overtime pay on rest days = calculation base of overtime pay ÷21.75×211%

overtime pay on normal working days = calculation base of overtime pay ÷21.75×151%

per hour.

2. when determining the calculation base of overtime pay, if the labor contract clearly stipulates the overtime pay base, it shall be determined according to the agreed standard. However, the calculation base of overtime pay shall not be lower than the minimum wage standard of this Municipality.