Thursday, August 23, 2012

The time limit of asking for the overtime pay is one year Different from algorithm in day off on festivals or holidays

The time limit of asking for the overtime pay is one year Different from algorithm in day off on festivals or holidays
Have three days in succession on the Mid-autumn Festival, have seven days again on National Day, someone calls this for fun " it is most complicated to have a holiday in the history " . The overtime work of long holidays, how to calculate the salary? The reporter has interviewed a relevant comrades in charge of human resources and social security.
Different from overtime pay algorithm in day off on legal festivals or holidays
According to " notice about arranging on some festivals or holidays of 2010 of General Office of the State Council ", from September 18 to October 10, 12 days of day off, 11 days of workday. Among them, September 19 (Sunday) , September 25 ( Saturday) The working day in order to temporarily transfer on the Mid-autumn Festival, September 26 (Sunday) With October 9 ' Saturday) Working day in order to temporarily transfer on National Day. It is the 22nd, the 23rd, 24 days of September on Mid-autumn Festival vacation, National Day vacation is from October 1 to October 7.
It is introduced, " two " Vacation can subdivide into on two kinds,is it including legal festivals or holidays and day off. September 22 ( Mid-autumn Festival) , it is legal festivals or holidays 1 - 3 of October, these 4 days. Will it be 23, 24 and October 4, 5, 6, 7 day September, day off in. The intersection of " the labour law " and 44th regulation, arrange for labourer work overtime work day off, by compensatory time,can't that compensatory time,should pay by 200% salary remuneration lower than salary. Legal to arrange for labourer work overtime work holidy, should pay 300% of the salary remuneration lower than the salary in addition. Implementing work system in shifts, work and deal with according to working overtime on legal holidy. So, the overtime wage calculate on 4 days legal festivals or holidays, can't be substituted by compensatory time according to 3 times. Work overtime day off 6 day, by compensatory time,can't that compensatory time,pay 2 times by overtime wage and then.
How to fix the base figure of the overtime wage? This comrade in charge of the intersection of people and society department introduces, there is an appointed one on salary in the labour contract, according to lower than the intersection of labourer and I that labour contract agree on, fix in wage standard that post correspond to. While converting specifically, the labourer also needs to understand corresponding rule. Excluding the salary on day off under the normal situation, in the salary which the employing unit releases monthly. At present, worker the intersection of job and day and working time 20.92 days and 167.4 hours respectively on average the whole date, the worker's daily wage and hourly wage are converted according to this.
The computing technology is: Overtime wage on legal festivals or holidays =Monthly wage base work overtime in 21.75 days * 300% * on days, the overtime wage on day off =Monthly wage base work overtime in 21.75 days * 200% * on days. For example, if 2000 yuan of monthly salary for one worker, employing unit arranges it to work overtime on October 1, because is public holiday on the same day, its overtime wage is: 2000 (yuan) 21.75 (day) *300% * 1 (day) =275.86 (yuan) ; It arrange employing unit by their it work overtime 1 day at October 7 and can't compensatory time,because the same day belong to day off, so its overtime wage is: 2000 (yuan) 21.75 (day) *200% * 1 (day) =183.90 (yuan) .

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