May 1 day every year is May Day, which is the same festival for proletarian working people all over the world. The state stipulates that Labor Day is a legal holiday every year, with one day off in May 1 day, allowing weekends off and three days off. The specific annual leave arrangement depends on the national arrangement.
Calculation of overtime pay on May 1 ST Labor Day
Labor Day is a public holiday in the State Council, and overtime pay is 300%.
According to the provisions of Article 44 of the Labor Law of People's Republic of China (PRC), in any of the following circumstances, the employer shall pay wages higher than the normal working hours of the workers according to the following standards:
(3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.
If the employing unit arranges workers to work overtime on Labor Day, since Labor Day is a legal holiday, it shall pay not less than 2 times of overtime pay in addition to the normal salary of that day.
Labor Day is usually a three-day holiday, but only Labor Day is a legal holiday, and the other two days are weekends. According to Article 44 of the Labor Law of People's Republic of China (PRC), if all workers work overtime for three days on May Day, no compensatory time off will be arranged for the other two days. Overtime pay is calculated at 3 times on Labor Day, and paid at 2 times on other two days. The same is true for other holidays such as New Year's Day and Spring Festival. Overtime pay for legal holidays is 3 times, and the rest is 2 times.
For example:
Xiaoming's monthly salary is 3,500 yuan, and overtime pay on Labor Day is:
There are three days off on Labor Day, of which 1 day is paid three times and two days are paid double.
Daily wage: 3500 ÷ 21.75 ≈161;
Overtime:161× 3+161× 2× 2 =1127.
Is it reasonable to take a vacation after working overtime on Labor Day?
According to the National Holiday and Remembrance Day Holidays Measures, Article 44 of the Labor Law and the National Holiday and Remembrance Day Holidays Measures, one day off on Labor Day (1) is a legal holiday, but the first two days off are reasonable and there is no illegal act. Of course, if the employer does not choose to take a day off, it will be paid as 200% of the salary.
What if the employer doesn't pay overtime on Labor Day?
First of all, workers can bring relevant evidence to prove the existence of labor relations (such as labor contracts, work badges, social security bills, salary slips, etc.). ) complain to the labor bureau where the employer is located, apply to the labor bureau for help and coordination, and ask the employer to pay wages in full and on time. If mediation fails, the labor department shall be requested to make a written document of "mediation fails", which shall list the application as "requiring timely and full payment of wages". After that, you can apply to the labor department for labor arbitration with written documents and other relevant evidence that "mediation fails".
Secondly, if there are other violations of the labor contract law, such as not signing a written labor contract in time, you can advocate not signing a labor contract with twice the salary, but pay attention to whether it exceeds the limitation of action. If there is still a situation that the employer fails to purchase social security for the workers, it can also be used as a reason to propose to terminate the labor relationship with the employer. Only if any of the above three situations is met can the employer be required to pay economic compensation while applying for labor arbitration. When safeguarding their own rights and interests, workers can seek the help of legal persons to obtain more comprehensive legal protection.
Introduction to labor day
1886, the first international Geneva conference put forward the slogan of eight-hour work system. On May 1886 and 1 day, the United States held a large-scale strike demonstration with about 350,000 people as the center. The demonstrators demanded improved working conditions and an eight-hour working day. On May 3, 1886, the Chicago government dispatched police to suppress and shot and killed two people, and the situation expanded.
On May 4th, striking workers held a protest in Haymarket Square. As unknown people threw bombs at the police, the police finally fired, and four workers and seven policemen died successively. In the subsequent judgment, eight anarchists were charged with murder, four anarchists were hanged, and 1 committed suicide in prison.
In order to commemorate this great labor movement and protest the subsequent verdict, workers' protests were held all over the world. These activities became the predecessor of International Labor Day. 1889 In July, at the inaugural meeting of the second international conference, it was announced that May 1 day every year would be designated as International Labor Day.