"Labor Law" promulgated 9 years ago, but this year's National Day became
The hotspots of all walks of life and many media are concerned. This makes people feel unbelievable, but also can't help but feel some faint. Working in the holiday work, the employee should get 3 times salary according to the "Labor Law", which is a regulation of "people's livelihood", and so many direct beneficiaries after 9 years, but only remembered to ask How should companies pay? What should I do if I don't give salary? The "triple wage" hotspot is left to us is a cold thinking.
What is the difference between a holiday holiday and a break date?
Although we refer to these seven days from October 1 to 7, it is known as "Golden Week", but these seven days have two parts, legal holidays and rest days. The so-called rest day is simple to say that it is a routine rest time.
And the holiday, that is, the holidays that are generally mentioned. In my country, "May 1st" Labor Day, "Eleventh" National Day and Spring Festival. The nature of the two is different, and the payment of payments is different.
Two questions
How to determine 200% and 300%?
According to the Labor Law, "Golden Week" was 3 days, 300%. At the 1st, 2nd, 3rd business employees, enterprises should pay overtime salary at 300% of the laborers. The first 3 days is the legal holiday.
4 days, 200% after "Golden Week". At the 4th, 5th, 6th, 7th, the company arranges employee to make up, and can not pay overtime salary; if the company does not arrange a replenishment, the employee may ask companies to pay 200 in accordance with the lanes of the laborers. % Pay overtime salary. The next 4 days is a break date.
If the company does not pay overtime salary as required, the worker can report to the labor inspection department. According to regulations, enterprises should pay compensation in less than 25% of the lack of work in addition to the workarounds of work.
Three questions
Can "make a revenue" still take overtime pay?
The employer has arranged workers to work in the legal holidays and cannot arrange for replacement of overtime salary. The legal holiday vacation is the right to enjoy the laborer, and the workers work overtime in the legal holidays, and the employer shall pay less than 300% of salary payments in accordance with the law.
The rest day is arranged to work, and the replenishment can no longer pay overtime salary. According to Article 44 of the Labor Law, the rest day will arrange the work of the workers to work overtime, and should be arranged first. When you can't make up, you should pay less than 20% of the salary of salary. The complement time should be equivalent to overtime time.
Therefore, "Golden Week" has worked overtime three days, it is necessary to "make money", and then "make up".
Four questions
How much is calculated?
The labor contract is agreed, and the wage standard corresponding to the position (position) of the laborers that is not less than the labor contract. The standards determined by the collective contract (wage collective agreement) are higher than the standard of labor contract, and determine according to the collective contract (wage collective agreement) standard. If the labor contract, the collective contract is not agreed, and the employer and the employee representative can be determined through the wage collective agreement, and the results of the consultation should be signed. If the employer and the laborer have no agreed, the calculation of the holiday salary is determined by 70% of the monthly salary of the laborers in your position (position). But do not lower than the minimum wage standard.
Full-day: Monthly Sales / 20.92 × Overtime Tennam × 200% or 300
% Smart: The daily wage is divided by 8 hours.
For example: small sheets are 1600 yuan per month. If the labor contract signed by small Zhang and the unit, the wage standard of small work positions is 1,500 yuan, according to the calculation of day salary according to the 1500 yuan. If the small sheets are not agreed to the monthly salary, it can be calculated according to 70% of the monthly income of 1600 yuan. That is, 1600 yuan × 70% / 20.92 × Overtime days × 200% or 300%.
Five questions
Can you customize the calculation standards?
The employer can customize the calculation standards for overtime pay, but must be higher than the law. Salary, including overtime pay, belonging to a benchmark method for labor norms. Simply put, the benchmark method is "bottom line", high constant, low low. 150%, 200%, 300%, these three wage payment standards, the minimum payment of the country
Standard, any employer can formulate its own characteristics
Wage payment standards, but only more low than legal standards.
In addition, some units "a knife cut", no matter what post, no matter how much the month is salary, it is not completely correct in the unified standards during the "Golden Week". For employees with low salary, if the payment standard of the unit is higher than his basic salary, it is licensed. However, for employees with high basic salary, the substantial overtime pay may be lower than the statutory standard. Still doing vary from person to person.
Six questions
Can the holiday fees be hovering?
The salary and overtime pay is completely two things, and it cannot be honest. The holiday fees have the nature of welfare. Although it is also part of the salary, it is not required to provide additional work for employers.
Overtime salary is compensation for the loss of labor for laborers. The laborer has the right to rest, which is statutory. The employer requires workers to work in legal holidays and rest days, making the workers not to rest. Therefore, my country's labor law stipulates several times the overtime wage standard for normal salary.
Seven questions
Refusing to overtime sell salary?
The employer cannot force the employee overtime, and there is no right to deduct salary. If the employer has not contracted the relevant provisions of the labor laws and regulations in advance, employees have the right to refuse overtime.
At the same time, there is not to arrange employees overtime: 1. Women employees in pregnancy should not extend their labor time. 2, female employees are pregnant for more than 7 months, and employers cannot arrange their overtime. 3, female employees can not arrange their overtime during lactation; lactation refers to women's employees during breastfeeding.
However, in special conditions, the unit requires overtime employees to not refuse: natural disasters, accidents or due to other reasons, threaten employees' life and health and property safety, need emergency treatment; production equipment, transportation lines, public facilities failure, affect production and production and Public interests must be repaired in time; other situations stipulated in laws and administrative regulations. In addition, the above cases, employees cannot refuse overtime.
Eight questions
Does the work are backed by work?
Many of the work in the modern office can bring to the home to continue, then "Golden Week" works at home to pay? This is divided into two situations:
1. Voluntary work is not overtime. If the work of the employee is neither the demand of the employer, it is decided that there is no overtime record approved by the employer, but only the voluntary work is working, it is not working overtime, and the employer does not have to pay overtime. However, if the employer is recognized by the employee's work, it is the overtime arrangement, and the corresponding overtime pay should be paid.
2. There is evidence that the operation is working overtime. For example, Xiao Wang's supervisor is always in front of giving a long holiday, he wants him to pay a plan after the long holiday. This is actually, indirect requirement of the little king has to leave time to complete the work during long holiday. The phase of phase extended the working time of the worker, belongs to overtime. Of course, the workers must have evidence that it is affiliated to excessive work tasks due to the employer, and the employee has to overtoc to work outside the normal working hours. The employer still has to pay the salary of extending working hours.
Nine questions
How to calculate when special work?
Employees who implement pieces of consolidates are arranged overtime by the enterprise, and should pay overtime wages by adjusting the unit price of the bill, 2nd, 3rd, 3rd. On the 4th, 5th, 6th, 7th, the unit price should not be less than 200% of the usual. According to the labor administrative department, the comprehensive calculation work hours should be considered to extend the working hours of the comprehensive calculation work time. Arranged by enterprises at 1st, 2nd, 3rd overtime, companies should also pay overtime salary at 300% of usday salary. But at other times, it will be performed at 150%.
Ten questions
Do you enjoy overtime wages?
There are always many migrant workers who have a lot of migrant workers who are working in the first line of work, and they should also enjoy holiday salary benefits as they should work with local employees. In the first 3 days of "Golden Week", according to 300%, 4 days according to 200% calculation.
It is important to point out that housekeeping services and bays are not here. Due to the current legal provisions, they are not suitable for the scope of application of the labor law, so there is still not enough to have a holiday overtime salary. (A little)
special reminder
Enterprises do not give overtime salary
What should I do if I don't have 3 times wage in the National Day? The Provincial Bureau of Labor and Social Security reminds job seekers. If the employer is scheduled to work overtime during the holiday season, the consent of the trade union and the workers should be obtained. If the employer refuses to pay or not pay the worker's overtime pay, the first can apply to the labor department for arbitration; second, you can report to all districts and county labor monitoring brigts, and the labor surveillance organs will help employees maintain legal rights.
For individual employees who were afraid of reporting, the people of the labor monitoring department said that they can maintain their legitimate rights and interests in the way they collectively complain. After receiving such a report and verifying that the company will require the enterprise to rectify and make up the overtime salary of the employee.
link
Beijing employees do not dare to publicly "three salary"
Beijing Labor and Social Security Bureau announced on March 11th to pay for the "three salary" of Beijing's "three pairs" during the Spring Festival of Beijing: 43555 people in 328 companies, 5,291 employees failed to get full or at all. .
According to the relevant provisions of the Labor Law, if the employer has arranged workers in New Year's Day, the Spring Festival, the International Labor Day, National Day and other statutory rest days, it shall pay less than 300% of the fundamental salary.
However, the results of the spot show that 328 hotels, restaurants and printing companies during the Spring Festival, although 33 companies have paid employee overtime salary, but not meet the national payment standards; 39 companies have not paid employee overtime salary, More than 1,100 employees involved. The Beijing Labor Monitoring Department has reached 20 "order (limited period) correction notice," for these 5,291 employees to compensate overtime sales of 9.185 million yuan.
The person in charge of the Ministry of Education of the Beijing Labor and Social Security Bureau said that rarely touched the unit in the spot check. General (no units with reasonable overtime salary) pick it up immediately.
She further analyzed that some companies are not willing to pay legally overtime pays, not unfamiliar with legal terms, but "because the company has no credit system, their illegal opportunity cost is too low."
The President of the Labor Personnel of Renmin University of China has proposed to further increase the punishment of illegal enterprises. (Xibao)
