Is there a difference between being on duty and working overtime? Is there also a triple salary for holiday duty?

According to the Shanghai People's Social Security official micro, there is a difference between duty and overtime. Although both are extensions of the statutory standard working hours and subject to certain approval procedures, they are indeed two different concepts.

Duty refers to the employer's temporary responsibility for answering, guarding, fire prevention, anti-theft or for the handling of emergencies, emergency official affairs and other reasons, arrange for the relevant personnel of the unit to take turns to carry out duty during non-working hours such as night, public holidays, statutory holidays, etc., and it is not overtime arranged for the direct completion of production tasks.

Overtime means that the worker is engaged in the original job outside of the normal working hours in the original job position. Determining whether overtime or duty is determined mainly depends on whether the worker continues to work in the original post, or whether there are specific production or business tasks, and whether there is a certain rest time.

The specific issue of overtime and duty remuneration is also adjusted by different norms. As for the remuneration for duty, there is no clear provision in the law at present, under normal circumstances, it is also regulated by the rules and regulations formulated within the unit, and the collective contract, the single collective agreement, the labor contract have agreements or practices, which can be complied with; and the overtime wage is statutory, and the employer arranges overtime for the employee, and must pay the overtime wage to the employee in accordance with the statutory standard.

How to distinguish between "overtime" and "duty"? To put it simply, the first is to see whether the worker continues to work in the original post, or whether there are specific production and business tasks, and the other is to see whether the worker can rest during the period of duty.

If a labor dispute arises, the relevant agency will first examine whether the employee's usual job duties are related to the duty on duty, whether the duty code stipulates that the sleeping value can be carried out after handling abnormal situations, whether the duty room is equipped with a bed and bedding, and whether the worker on duty knows the relevant regulations.

Generally speaking, the duty treatment is lower than the overtime wage, as a member of the enterprise, employees also need to carry forward the spirit of ownership, support and participate in the unit's holiday duty system. However, as an enterprise, it must also be considered from the perspective of employees, after all, employees have given up holiday breaks and paid labor, so it is reasonable to give employees a certain duty allowance appropriately.

【Source: Orient Network】