Subjectivity of law:

Statutory holidays are supposed to give workers a rest time by law, but some units arrange employees to work overtime. What is even more infuriating is that the employer tried every means to refuse to pay overtime wages, but the employees did not get their due remuneration after hard work. In particular, some companies use duty as an interface and do not calculate legal holiday duty according to overtime pay. How to calculate the salary on duty on legal holidays "on duty" and "overtime" are only one word apart, but their meanings are quite different and their treatment is far from the same. On-duty refers to the duty that the laborer takes certain unproductive responsibilities outside the normal working days according to the requirements of the employer, mainly because of the temporary arrangement or system arrangement of the unit due to the safety, fire fighting and holidays of the unit, which has nothing to do with the laborer's own work. Generally speaking, the treatment on duty will be much lower than that on overtime. Under the following circumstances, the employee may require the employer to pay the corresponding treatment according to the labor contract, rules and regulations, collective contract, etc.: (1) The employer arranges the employee to engage in duty tasks unrelated to his job due to the needs of safety, fire fighting, holidays, etc.; (2) The employing unit arranges laborers to engage in duty tasks related to their own jobs, but they can rest during the duty. To sum up, people who are on duty on legal holidays generally don't pay three times the salary according to the standard of legal holidays. How to calculate overtime pay on legal holidays Article 44 of the Labor Law stipulates that under any of the following circumstances, the employing unit shall pay wages higher than the wages of workers during normal working hours according to the following standards: (1) If the workers are arranged to extend their working hours, they shall pay wages not less than 151% of the wages; (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 211% of their wages; (3) If workers are arranged to work on legal holidays, they shall be paid no less than 311% of their wages. Therefore, for workers who implement the standard working hour system, if they work overtime on legal holidays such as May Day, the overtime pay should be no less than three times the daily wage base, and if they work overtime on May 2 and 3, they should be paid double the standard of working overtime on public holidays. The calculation method of the daily wage base is: the monthly wage divided by the number of paid days in a month, and the adjusted paid days in China this year are 21.75 days. Take an employee with an agreed monthly salary of 1,511 yuan as an example. His daily overtime base is 1,511 yuan divided by 21.75 days, that is, 69 yuan; If the enterprise arranges him to work overtime on May 1, he should pay him an overtime salary of not less than three times that of 69 yuan, that is, 217 yuan. If you work overtime on May 2nd, the unit should first arrange compensatory time off, otherwise you must pay twice the daily wage base. In addition, with the approval of the labor and social security department, the employer can arrange work and rest time independently on the premise of clear workload, and the employer can not pay overtime wages. Legal objectivity:

In case of any of the following circumstances in Article 44 of the Labor Law, the employing unit shall pay the wages higher than the wages of the workers in normal working hours according to the following standards: (1) If the workers are arranged to extend their working hours, 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 for compensatory time off, they shall be paid a salary of not less than 211% of their wages; (3) If workers are arranged to work on legal holidays, they shall be paid no less than 311% of their wages.