2. According to the provisions of Article 44 of the Labor Law, in any of the following circumstances, the employer shall pay wages higher than the normal working hours of the workers 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.
3. The calculation method of overtime pay stipulated by the state: the overtime pay at night is 150% of my salary, 200% at weekends and 300% on national statutory holidays. But this is only the proportion stipulated by the state, and the key to the amount of overtime pay is the salary base.
Extended data:
1, calculation method
(1) In general, the monthly salary paid by the employer does not include rest days. At present, the average monthly working days and working hours of employees are 20.83 days and 166.64 hours respectively, while the average monthly paid days and working hours are 2 1.75 days and 174 hours respectively. The daily wages and hourly wages of employees are converted into paid hours.
(2) The calculation method is: overtime pay for statutory holidays = monthly salary base ÷2 1.75 days ×300%× overtime days, and overtime pay for rest days = monthly salary base ÷2 1.75 days ×200%× overtime days.
2. Comprehensive calculation of overtime pay for working hours system. During the comprehensive calculation period, the total actual working hours shall not exceed the total legal standard working hours, and the excess shall be regarded as an extension of working hours and payment of wages according to Article 44 1 of the Labor Law. Where workers are arranged to work on statutory holidays, wages shall be paid in accordance with the provisions of the third paragraph of Article 44 of the Labor Law.
3. Calculation of overtime pay for irregular working hours. Under normal circumstances, enterprises that are approved to implement flexible working hours do not need to pay overtime wages. However, it should be noted that if the employer arranges employees to work on legal holidays, it should still pay overtime pay at least 300% of my salary standard.
4, the implementation of overtime calculation piecework wage system. Workers who implement piece-rate wages shall, after completing the task of piece-rate quota, be paid by the employing unit according to the above principles, respectively, according to 150%, 200% and 300% of the piece-rate price of their statutory working hours.
People's Republic of China (PRC) (China) Ministry of Human Resources and Social Security-People's Republic of China (PRC) (China) Labor Law
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