A survey conducted by the WeChat official account of the Workers' Daily showed that options such as not being paid for overtime work, overtime work and paid leave, not being paid in place, and not signing a labor contract ranked first among the labor infringements that netizens were most dissatisfied with.

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There are many employees who often need to work overtime due to work reasons.

So, do you know these issues about overtime and overtime pay?

1. What is overtime?

The so-called overtime work, according to the relevant provisions of Article 41 of the Labor Law, means that due to production and operation needs, the employer arranges for workers to work outside the legal working hours after consultation with the trade union and workers.

For workers under the standard working hour system, any work performed outside of legal working hours should be counted as overtime work.

2. Is there a time limit for overtime work?

my country's "Labor Law" stipulates that due to production and operation needs, the employer may extend working hours after consultation with the trade union and workers, generally not more than 1 hour per day; if working hours need to be extended due to special reasons, the health of workers must be protected. Under certain conditions, extended working hours shall not exceed 3 hours per day, but shall not exceed 36 hours per month.

3. How to calculate overtime wages?

Article 44 of the "Labor Law" lists several situations in which the employer shall pay wages to workers that are higher than normal working hours: if employees are arranged to extend their working hours, wages and remuneration of no less than 150% of wages shall be paid; rest breaks

If an employee is scheduled to work on a day and no compensatory leave can be arranged, a salary remuneration of no less than 200% of the salary shall be paid; if an employee is arranged to work on a statutory holiday, a salary remuneration of no less than 300% of the salary shall be paid.

4. What does the overtime pay base include?

Normal working time wages are the basis for calculating overtime pay. It refers to the labor remuneration that should be obtained for providing normal labor during legal normal working hours.

Including: basic salary (basic salary); technical allowance; position allowance; price subsidy; perfect attendance award.

5. Can time off be used in lieu of overtime pay?

Generally speaking, only overtime work on rest days can be compensated. Overtime pay should still be paid for extended overtime work and overtime work on statutory holidays.

6. Is there overtime pay during holidays under the flexible working system?

The special working time systems currently implemented in our country are the comprehensive calculated working time system and the irregular working time system.

The irregular work system is commonly known as the flexible working system.

Not all positions can implement irregular working hours, and the implementation of irregular working hours requires approval from the labor administration department.

Article 4 of the former Ministry of Labor’s “Measures for the Approval of Enterprises’ Implementation of Unregular Working Systems and Comprehensive Calculated Working Hours Systems” (Ministry of Labor Fa [1994] No. 503) stipulates: “Enterprises may implement irregular working hours for employees who meet one of the following conditions.

Fixed-time work system. (1) Senior managers, field staff, sales staff, some on-duty staff and other employees whose work cannot be measured according to standard working hours; (2) Long-distance transport personnel, taxi drivers and other employees in the enterprise.

Some loading and unloading personnel in railways, ports, and warehouses, as well as employees who require mobile work due to the special nature of their work; (3) Other employees who are suitable for the irregular working system due to production characteristics, special work needs, or scope of responsibilities. "Therefore,

Employees who have been approved to implement the irregular working system cannot require the employer to pay overtime pay for overtime work on weekdays and overtime pay for weekend work because their commuting hours are not fixed and the employer does not impose attendance requirements.

However, if you work on statutory holidays, you can require the employer to pay overtime pay for statutory holidays.

7. Under what circumstances cannot one refuse to work overtime?

my country's labor law imposes specific restrictions on extending employees' working hours.

However, for the sake of the public interest, the labor law also clearly stipulates that units are not subject to relevant restrictions in extending working hours under certain special circumstances.

Force majeure factors: the occurrence of natural disasters, accidents or other reasons that seriously threaten the safety and health of the people and national property and require emergency treatment; public interest needs: failure of production equipment, transportation lines, and public facilities,

Affects production and public interests and must be repaired in time; Equipment inspection and maintenance: Equipment inspection and maintenance must be carried out during the shutdown period of legal holidays or public holidays; National defense emergency tasks: To complete national defense emergency tasks, or to complete arrangements made by superiors outside the national plan

Other urgent production tasks, as well as commercial, supply and marketing enterprises completing the urgent tasks of purchasing, transporting, and processing agricultural and sideline products during the peak season.

8. If an employee is unwilling to work overtime, can the employer deduct bonuses?

Article 31 of the "Labor Contract Law" stipulates, "The employer shall strictly implement the labor quota standards and shall not force or force workers in disguise to work overtime. If the employer arranges overtime work, it shall pay overtime pay to workers in accordance with relevant national regulations." "Labor Contract Law"

Article 41 of the Law stipulates that “due to production and operation needs, the employer may extend working hours after consultation with the trade union and workers, generally not more than 1 hour per day.