The Spring Festival holiday is coming, so you choose to work overtime. So when do you work overtime during the Spring Festival? How to calculate overtime pay? It is understood that enterprises should pay three times the overtime pay for overtime work in the first, second and third days, and rest on New Year's Eve, fourth, fifth and sixth days, and can rest or pay double wages.

Spring Festival holiday arrangement

20xx65438+1October 27th to February 2nd, 20xx, with 7 days off.

Among them, 65438+1October 28th (the first day), 65438+1October 29th (the second day) and 65438+1October 30th (the third day) are legal holidays. Go to work as usual on February 3 (Friday) and February 4 (Saturday).

How to calculate overtime pay during the Spring Festival?

For overtime work on the first day, the second day and the third day, the unit shall pay overtime pay not less than 300% of the daily or hourly wages of the workers. On the fourth to sixth day of New Year's Eve, if the employer does not give compensatory time off, it shall pay overtime wages at least 200% of the daily or hourly wages of the workers.

Overtime pay for statutory holidays (65438+1October 28th to 30th) = monthly salary base /2 1.75 days ×300%× overtime days.

Overtime pay on rest days (65438+1October 27th 65438+1October 3rd 1-2) = monthly salary base /2 1.75 days ×200%× overtime days.

In other words, enterprises have to pay three times the overtime pay for overtime work on the first, second and third days, and can rest or pay double the overtime pay on New Year's Eve, the fourth, fifth and sixth days.

The specific algorithm of overtime pay is: daily wage = monthly wage income ÷ legal paid days per month (2 1.75 days).

The legal holiday time for the Spring Festival holiday is from the first day to the third day, so employees who work overtime on New Year's Eve and can't arrange rest can only receive twice the overtime pay. Those who work overtime from grade one to grade three can get three times the overtime pay. If you work overtime in the next three days, rest will still be the first priority. If you can't rest, you will get double overtime pay.

So: the legal holiday of the Spring Festival has three days from the first day to the third day. In other words, if the employer arranges the workers to work in these three days, it shall pay at least 300% of the workers' daily or hourly wages for overtime work. On New Year's Eve and the fourth to fourth day of June, if overtime is arranged, workers can be given compensatory time off without paying overtime. If compensatory time off is not given, overtime pay shall be paid at 200% of the daily or hourly wage. According to the regulations, when calculating overtime pay, the daily wage is equal to the monthly wage income divided by the monthly paid days (2 1.75 days).

65438+1October 28th (the first day) to 30th (the third day) is the legal holiday of the Spring Festival. According to the relevant laws and regulations, if the employer arranges the laborer to work overtime during this period, it shall pay the overtime pay not less than 300% of the laborer's daily or hourly wage. During the four days from 65438+1October 27th (New Year's Eve), 65438+1October 3rd1(fourth day) to February 2nd (sixth day), if the employer arranges overtime for the workers, it may choose to arrange compensatory time off for the workers without paying overtime. If no compensatory time off is given, overtime pay not less than 200% of the daily or hourly wages of the workers shall be paid.

When calculating overtime pay, the daily pay shall be converted into 2 1.75 paid days per month, and the hourly pay shall be divided by 8 hours on the basis of the daily pay. When determining the calculation base of overtime wages, if there is a clear agreement on wages in the labor contract, it shall be determined according to the wage standard not lower than the corresponding post of the laborer. If there is no clear agreement on wages in the labor contract, it shall be implemented in accordance with the collective contract. If there is no agreement between the employer and the employee, it shall be determined according to 70% of the employee's monthly salary for normal attendance.

According to the monthly minimum wage standard 2 1 90 yuan implemented in Shanghai since April last year, workers have to work overtime on the second and third days of the first grade, and the daily overtime pay is at least 302 yuan. If you work overtime for 7 days during the Spring Festival and the company doesn't arrange for compensatory time off, you should at least get 17 1 1 yuan overtime pay.

What days do you work overtime during the Spring Festival?

The 20xx Spring Festival holiday lasts for seven days from February 15 (New Year's Eve) to February 2 1 (the sixth day of the first month), including four weekends. These seven days are legal holidays stipulated by the state. These seven days are paid holidays in China, which are protected by the state. All individuals and units can't change the holiday time. If they need to work overtime during the holiday, they need to pay overtime as compensation.

Therefore, the Spring Festival holiday of 20xx is arranged as follows: 1 Friday, 27th, 2065438+Thursday, 2nd February, 7 days. Among them, February 16 (Grade 1), February 17 (Grade 2) and February 18 (Grade 3) are legal holidays.

Calculation method of 20xx overtime pay in New Year.

The Spring Festival is a legal holiday, and the first, second and third days of the Spring Festival are legal holidays and paid holidays. The overtime pay for these three days shall be calculated at not less than 300% of the due remuneration.

The Spring Festival holiday usually has seven days, so the other four days are paid, and the overtime pay for these four days is calculated at not less than 200% of the due remuneration.

Daily wage, hourly wage

Calculation method of daily wage: daily wage = monthly wage income ÷2 1.75 (used for wage calculation in case of absence and work less than one month).

Calculation method of hourly wage: hourly wage = monthly wage income ÷(2 1.75×8)

Laws and regulations related to overtime work on holidays

According to the provisions of Article 44 of the Labor Law, in any of the following circumstances, the employing unit shall pay wages higher than the wages of the workers during their normal working hours according to the following standards:

(1) If the laborer is arranged to work longer hours, he shall be paid no less than 150% of the salary;

(2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 200% of their wages;

(3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages. Therefore, for workers who work overtime on legal holidays such as the Spring Festival, the overtime pay should be no less than three times the daily wage base, while those who work overtime on other rest days on legal holidays should be paid twice the overtime pay on public holidays.

The calculation method according to the daily wage base is: the monthly wage is divided by the number of days paid in a month, and the number of days paid in a month after holiday adjustment is generally 2 1.75 days. Take an employee with an agreed monthly salary of 6,000 yuan as an example. His daily overtime base is 6,000 yuan divided by 2 1.75 days, which is 275.86 yuan. If the enterprise arranges him to work overtime on legal holidays, it shall pay him overtime pay of not less than three times of 275.86 yuan, that is, 827.58 yuan.

Calculation standard of overtime pay during the Spring Festival

Three times in the first three days and twice in the last four days.

There are seven days off during the Spring Festival, which consists of two parts (statutory holidays and statutory rest days). It is reported that the first three days of the Spring Festival are legal holidays, and the last four days are rest days.

Rest days and holidays are different in nature and pay different wages. According to the "Labor Law", if an employer arranges overtime work for workers within three days before the Spring Festival, it shall pay overtime wages of 300% of the workers' daily or hourly wages; Four days after the Spring Festival, if the employer arranges overtime for the workers, it can arrange compensatory time off for the workers without paying overtime. If no compensatory time off is given, overtime pay not less than 200% of the daily or hourly wages of the workers shall be paid.

How to determine the overtime base?

"Three days before the Spring Festival, triple overtime pay" has been clearly stipulated by employees, but what should be the base for calculating this triple salary? This has always been a place where many companies "exploit loopholes".

If there is an agreement on wages in the labor contract, it shall be determined according to the wage standard not lower than the post of the laborer agreed in the labor contract. If there is no agreement in the labor contract, it can be made clear through collective consultation between the employer and the employee representatives. If there is no agreement between the employer and the employee, it shall be determined according to 70% of the employee's monthly salary for normal attendance. It is worth noting that if the calculation base of overtime pay determined by the above method is lower than the minimum wage standard, it shall be calculated according to the minimum wage standard, and the current monthly minimum wage standard is 635 yuan.

And how to calculate overtime pay, day pay and hour pay? According to relevant sources, the daily wage is converted according to the average monthly working time of 20.92 days, and the hourly wage is divided by 8 hours on the basis of the daily wage. The calculation method of daily overtime pay during the Spring Festival is: holiday overtime pay = overtime pay calculation base ÷ 20.92× 300%; Overtime pay on rest days = calculation base of overtime pay ÷20.92×200%.

No "rest" for the first three days.

The reporter recently learned that some employers, on the one hand, want employees to stick to their posts during the Spring Festival, on the other hand, they don't want to pay 300% overtime pay, and they all refuse to pay overtime pay during the Spring Festival on the pretext of "giving you a holiday after the Chinese New Year".

According to national regulations, overtime pay cannot be replaced by holidays; Overtime pay on rest days can be replaced by compensatory time off. According to the regulations, those who arrange compensatory time off can no longer pay overtime wages, but those who cannot make compensatory time off should pay no less than 200% of their wages. Therefore, if you work overtime three days before the Spring Festival, you must "make up the money" and you can "make up the rest" in the last four days.

Is there overtime pay for duty during the Spring Festival?

How to calculate overtime pay?

Overtime shall not exceed 36 hours per month, and overtime on legal holidays shall be paid at three times.

According to the regulations, the paid days per month are 2 1.75 days; Working hours shall not exceed 8 hours per day, average working hours shall not exceed 44 hours per week, and overtime shall not exceed 36 hours per month; Pay at least 1.5 times the salary for overtime work on working days; If you work overtime on weekends, you have to pay twice the salary; If you work overtime on legal holidays, you need to pay 300% of your salary; Should take annual leave, overtime pay 300%.

When calculating overtime pay, the daily wage is equal to the monthly wage income ÷ paid days (2 1.75 days).

Overtime pay for legal holidays = monthly salary base ÷2 1.75 days ×300%× overtime days.

Overtime pay on rest days = monthly salary base ÷2 1.75 days ×200%× overtime days.

The salary tripled in the first three days and doubled in the last four days.

20xx Spring Festival holiday arrangement: February 7th to13rd, with 7 days off. Go to work on February 6th (Saturday) and February14th (Sunday). Among them, only the first three days are national holidays, and the last four days are weekends.

That is to say, if the employer arranges workers to work on February 7, February 8 and February 9, it shall pay overtime pay not less than 300% of the workers' daily or hourly wages. From the third day to the sixth day of the fourth day, if overtime is arranged, workers can be given compensatory time off without paying overtime. If compensatory time off is not given, overtime pay shall be paid at 200% of the daily or hourly wage.

Take the monthly salary of 2000 yuan as an example. If you work overtime for 7 days during the Spring Festival holiday, the overtime pay is 1563 yuan, and a * * * should get 3563 yuan.

How to determine the overtime wage base?

First, if the amount of wages of employees is clearly stipulated in the labor contract, and the amount of wages is consistent with the actual payment, the wages agreed in the labor contract shall be used as the calculation base for overtime wages. The base should include all salary items such as "basic salary" and "post allowance".

Second, if the wage amount is not clearly stipulated in the labor contract, the actual wage amount of the employee shall be taken as the calculation base. Provisions such as "not less than the minimum wage standard" are not clear.

Third, in practice, sometimes employees' salary in the current month is inconsistent with the date of bonus payment in the current month. At this point, the sum of these two parts should be used as the calculation base of overtime pay. Because the monthly bonus of employees has the nature of "normal working hours salary" and belongs to the salary component. As for bonuses such as "anniversary celebration award" occasionally issued by enterprises, they cannot be used as the calculation base of overtime pay.

Fourth, workers who practice piece-rate wages should take the piece-rate price within the legal working hours of the workers as the calculation base of overtime wages.

Fifth, if the comprehensive calculation period is quarterly or annual, the employing unit that implements the comprehensive calculation of working hours should take the average monthly salary in the comprehensive period as the calculation base of overtime pay.

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