Can the 7 days of overtime work during the Spring Festival really earn 17 days of wages?

There is less than half a month to go before the New Year! Many people have already bought tickets for their home reunion. However, every Spring Festival, there are still some small partners who have to stick to their posts because of work arrangements. If you work overtime for 7 days, according to the relevant regulations, the total overtime pay is 17 days' wages, and these people should remember to check their overtime wages. (People's Daily on January 18)

At present, the situation of prevention and control of the new crown pneumonia epidemic is grim, many people choose to celebrate the New Year in different places, if you can arrange overtime during the Spring Festival, you can also earn a lot of overtime pay, of course, it is a beautiful thing. However, can the 7 days of overtime work during the Spring Festival really earn 17 days of wages? I am afraid that many people will have such questions, but the facts of previous years are worrying. The author believes that if overtime is arranged during the Spring Festival, overtime wages cannot be undercounted, and must be paid in full according to regulations, at the same time, 7 days of full overtime is also suspected of labor violations, which should be avoided as much as possible to protect the rest rights and interests of employees.

According to the Measures for the Holiday of National New Year's Festivals and Commemorative Days, the statutory holidays for the Spring Festival are from the first to the third day of the first lunar month, and the other 4 days are transfer holidays. Therefore, in accordance with the relevant provisions of the state, the overtime work arranged on the three days of the first, second and third days of the first year of the first year should be paid separately according to the daily or hourly wage of the worker himself; in the Chinese New Year's Eve, the fourth day, the fifth day of the first year, and the sixth day of the first year, the enterprise may choose to give compensatory leave or double wages. In this way, if there is no rest for one day during the Spring Festival, if you do not arrange compensatory leave, you can get overtime pay, which is equivalent to 17 days' wages.

However, according to the situation in previous years, it is not optimistic. Many workers, especially those in some commercial enterprises or service industries, work overtime on holidays is a common thing, and they basically do not get any overtime pay; or the employer only gives a small amount of overtime pay "meaning"; or "avoids" paying overtime pay by other means such as transfer; and so on. Although the Spring Festival overtime should be paid a lot of overtime according to law, for many workers, it is "the moon in the mirror", which is unattainable. However, many workers may be "fired" because they are worried about asking for overtime pay or reporting and defending their rights, so they choose to be silent and swallow their anger, which objectively promotes the labor violations of employers.

According to the provisions of the current Labor Law, employers may extend their working hours after consultation with trade unions and workers due to production and operation needs, and generally shall not exceed one hour per day. Where it is necessary to extend working hours for special reasons, the extended working hours shall not exceed three hours per day under the condition of protecting the health of workers, but shall not exceed thirty-six hours per month. This provision is obviously to protect the right of the majority of employees to rest, and all 7 days of overtime during the Spring Festival, calculated according to 8 hours per day, a total of 56 hours of overtime, which is a clear violation of the labor law. Therefore, the 7 days of overtime during the Spring Festival have been suspected of labor violations, and the employer cannot arrange for employees to work overtime on holidays "continuously".

During the Spring Festival, overtime wages must be paid to employees who arrange overtime work. It should be reminded that the red envelopes and Spring Festival gift packages distributed during the festival period cannot replace overtime pay. If an employee encounters a situation in which the employer refuses to pay overtime pay or fails to pay the wage in full and in a timely manner, he may complain to the labor inspection department and safeguard his rights. At the same time, labor supervision and other regulatory departments should take the initiative to perform their duties and responsibilities, take effective measures, strengthen the supervision of employers, standardize and restrict the labor behavior of employers, and not only order the full and timely payment of labor violations such as the withholding of overtime wages, but also impose severe fines and other administrative penalties, so that the employer can not pay off the losses, so that the employer can strictly abide by the labor laws and regulations, reasonably arrange overtime for workers according to law, and pay full overtime pay, so as to fully protect the legitimate rights and interests of workers. (Ding Jiafa)