The "May Day" holiday is approaching, and the monthly salary payment date is from May 1st to 5th
Should the employer pay wages in advance when encountering statutory holidays?
The payment of wages has nothing to do with the "May Day" holiday, and the employer pays wages according to the original set payday, as long as there is no arrears, it is not illegal. If the payday falls on a holiday, the employer should pay it in advance.
According to Article 7 of the Interim Provisions on Payment of Wages, wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.
How to calculate overtime wages during the "May Day" holiday?
According to this year's holiday arrangement, those who work overtime on May 1 will be paid three times their wages, and those who work overtime from May 2 to 5 will be paid twice their wages.
According to Article 13 of the Interim Provisions on Payment of Wages, if an employer arranges an employee to work outside the statutory standard working hours according to actual needs after the employee has completed the labor quota or prescribed work tasks, it shall pay the employee according to the following standards:
- If the employer arranges for the employee to work longer than the statutory standard working hours in accordance with the law, the employer shall pay the employee wages at a rate not less than 150% of the employee's hourly wage as stipulated in the labor contract;
- If the employer arranges for the employee to work on a rest day in accordance with the law, but cannot arrange a compensatory break, the employer shall pay the employee wages at a rate not lower than 200% of the employee's daily or hourly wage as stipulated in the labor contract;
- If the employer arranges for the employee to work on statutory holidays and holidays in accordance with the law, it shall pay the employee wages at a rate not lower than 300% of the employee's daily or hourly wage as stipulated in the labor contract.
- If an employee who is subject to piece-rate wages is arranged by the employer to extend his working hours after completing the piece-rate quota task, he or she shall be paid wages at a rate not less than 150%, 200% and 300% of the unit price of the piece-rate working hours respectively in accordance with the principles stipulated above.
It's too complicated? It's hard to calculate? Gui Chengjun will introduce you to an "artifact" - labor rights protection calculator, the most important "seven accounts" for people in the workplace, to help you calculate clearly! Search for "mediation and arbitration" - select "labor rights protection calculator"
What is the Labor Rights Calculator?
This is a convenient calculation tool developed based on WeChat Mini Program, which realizes the amount of labor dispute items "at a glance" by setting up a standardized calculation procedure of "input case data to output a supportable amount" for common payment items in labor disputes, such as overtime wages, annual leave wages, economic compensation, etc.
Provide both employees and employers with convenient inquiry methods and predictable labor dispute resolution.
How does it work?
Search and enter the "Guangdong Provincial Affairs" applet, search for "mediation and arbitration" on the home page, click to enter the drop-down and select "Labor Rights Protection Calculator", select "Foshan City", and enter the corresponding data according to the prompts on the page.
What items can be calculated?
The Labor Rights Protection Calculator covers a number of common rights protection scenarios and currently supports the calculation of 7 types of items, including:
Overtime pay, annual leave, economic compensation, work-related injury benefits, compensation for illegal employment, double salary difference without a written labor contract, and high temperature allowance.
Tips: Since there may be disputes over the facts of the case such as the calculation base of overtime wages, the number of overtime days, and the number of years of service, which need to be confirmed by legal procedures, the calculation results of the calculator do not have legal effect, and the final result is still subject to the arbitration award and litigation judgment.
When does your company pay your salary?
Source: Guangzhou Daily, Ministry of Human Resources and Social Security website, People's Daily Online, Foshan Trade Union, Foshan Intermediate People's Court
Editor: Luo Jingwen, Foshan News Network