Legal subjectivity:

Overtime pay is multiplied by the wage standard of each unit (that is, the number of overtime days multiplied by the daily wage standard, or the number of overtime hours multiplied by the hourly wage standard), and then multiplied by the corresponding multiple according to the provisions of Article 44 of the Labor Law. However, from Article 44 of the Labor Law, we can only know the "multiple" of overtime work relative to normal wages, that is, employers should pay overtime wages according to 151%, 211% and 311% of wages respectively when arranging workers to extend their working hours and arrange workers to work on rest days and legal holidays, and there is no provision for the wage standard of each unit (the daily wage standard or the hourly wage standard). This is also the root of some employers' arbitrary deduction and less overtime pay for workers. Therefore, China should also introduce relevant regulations to clarify the calculation standard of overtime pay, so as to prevent employers from taking advantage of the imperfect laws and infringing on the legitimate rights and interests of workers. The calculation formula of overtime pay (overtime pay) is as follows: 1. Overtime pay for extended hours: overtime pay = daily standard wage (or piece rate) ÷8 (hours) ×1.5 2. Overtime pay for rest days: overtime pay = daily standard wage (or piece rate) ÷8 (hours) ×2 3. Overtime pay for legal holidays. ×3 Working overtime in different time periods, the standard of overtime pay stipulated at this time is different, and the daily standard salary of different workers is also different, which leads to the different amount of overtime pay finally calculated.