Labor Day holiday arrangement in 2024: May 1 to May 5
Holidays and holidays, a total of 5 days.
Therefore, 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.
"May Day" holiday
Does working from home count as overtime?
Whether working from home during the "May Day" holiday is considered overtime, and specific problems should be analyzed!
1. If an employee needs to claim overtime pay, he or she should prove the fact that he or she has overtime work on holidays.
For working from home during holidays, the employee needs to provide evidence to prove the fact of work, and also to prove that the employer requires the employee to complete the work during the holiday. Employees should also keep evidence of overtime, such as recordings of overtime work arranged by the employer, WeChat chat records, etc.
2. If the employer only arranges a work task and does not explicitly require it to be completed during the holiday,
3. If the employee's work is neither required by the employer nor recognized by the employer, but only voluntary overtime, it is not overtime, and the employer is not required to pay overtime pay.
"May Day" holiday
What should I do if I don't pay overtime?
(1) 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's wages at a rate not lower than 150% of the employee's hourly wage as stipulated in the labor contract.
(2) If the employer arranges for the employee to work on a rest day in accordance with the law, but cannot arrange compensatory leave, 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.
(3) 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.
That is, on May 1 (Labor Day), overtime will be paid 3 times the salary. According to the regulations, if an employee is assigned to work on a rest day and cannot arrange a compensatory break, he or she shall be paid a wage remuneration of not less than 200% of the wage. If an employee is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300% of his wages.
If you work overtime on the next four days of leave, i.e. on May 2, 3, 4, and 5:
If a worker is arranged to take a compensatory leave after work, he or she may not be paid overtime wages, and if he cannot arrange a compensatory leave, he or she shall be paid a wage remuneration of not less than 200% of his daily wage.
The answer is no.
The company has given employees the right to compensatory leave, and employees can only decide when to take time off, but not whether to take time off.
1. The difference between overtime and duty on May Day
Many companies will arrange employees to be on duty during May Day, so is duty considered overtime? What is the difference between the two?
There are the following differences between overtime and on-duty:
First, the purpose of the work is different.
Overtime is to continue the unfinished business work and ensure the output of normal work results, and duty is to ensure the continuity and stability of production and operation and avoid the occurrence of emergencies and accidents.
Second, the content of the work is different.
The essence of overtime is an extension of normal work, so the work content is consistent with the normal work period, while the work content on duty has the characteristics of non-productivity, mainly based on the needs of unit safety, fire protection, administration, etc., engaged in work unrelated to the worker's own work.
Third, the intensity of work is different.
Overtime is no different from the intensity of normal work, and there is no rest during overtime, while it is usually possible to take a break on duty.
In judicial practice, the following situations are usually found to be on duty:
- First, the employer arranges the employee to engage in on-duty tasks unrelated to his or her own work due to the needs of safety, fire protection, and holidays;
- Second, the employer arranges for the employee to perform duty tasks related to his or her own work, and he or she is allowed to rest during the duty period.
2. The standard of overtime pay stipulated by the state
Calculation formula:
Triple daily wage = overtime pay calculation base ÷21.75×300%
Double daily wage = overtime pay÷ 21.75×200%
Hourly overtime pay = daily overtime wage÷8
More Notes:
1.21.75 days is the average number of paid days per month.
2. The calculation base of overtime wages is the normal monthly wage corresponding to the position where the worker is located, excluding the wages paid under special circumstances such as year-end bonus, commuting transportation allowance, working meal allowance, housing allowance, mid-night shift allowance, summer high temperature allowance, overtime wages and other special circumstances. Specifically, it is determined according to the following principles:
(1) If the labor contract clearly stipulates the monthly wage of the employee, it shall be determined according to the monthly wage corresponding to the position of the employee as agreed in the labor contract, and if the actual performance is inconsistent with the labor contract, it shall be determined according to the monthly wage corresponding to the position of the employee who actually performs.
(2) If the labor contract does not clearly stipulate the monthly wage of the employee, and the collective contract (special collective contract for wages) stipulates the monthly wage corresponding to the position, it shall be determined according to the monthly wage corresponding to the employee's position as agreed in the collective contract (special collective contract for wages).
(3) If there is no agreement on the monthly salary of the employee in the labor contract or collective contract (special collective contract for wages), it shall be determined at 70% of the employee's normal monthly salary (including bonuses, allowances and subsidies).
3. The calculation base of overtime wages and holiday wages shall not be lower than the minimum wage standard stipulated by the city.
If the employer refuses to pay, the employee may apply to the labor and personnel dispute arbitration institution with jurisdiction for arbitration, and may also report or complain to the labor and social security supervision department with jurisdiction.
Source: Ministry of Human Resources and Social Security, Chinese Government Network, Social Security Forum, 51 Social Security Network, etc