Is there overtime pay for employees working overtime during probation period?

2022-06-19 0 By

Editor’s Note In order to help enhance the public’s awareness of the law, enhance the concept of the rule of law, better safeguard their own rights and interests, The Voice of the Rule of Law in Shanghai collection of public security law department and other numerous legal resources, launched the “I for the masses to popularize the law” column.This column popularizing a legal knowledge point every day, using the form and language that likes to see, will explain the legal knowledge point thoroughly.We provide the most authoritative, meticulous and operational legal services for the people to answer all kinds of legal problems they encounter in life.The column will be simultaneously published on toutiao, wechat official account, Tencent News, baidu News Shanghai Channel, Shanghai Mobile News and other platforms.Welcome to interact with us backstage!Do employees get overtime pay if they work overtime during probation period?Qian was hired by a hotel in Shanghai in the middle of December last year. The two sides signed a two-year labor contract, and agreed to a probation period of one month.Near the end of the year, hotel bookings suddenly surge, Qian was temporarily told to work on New Year’s Day.When money mou asks an unit how to pay overwork salary, the unit says its is in probationary period, did not have overwork fee, but after can make up rest a day.Excuse me, does Qian mou get overtime pay?Analysis: there is overtime pay.Unit of choose and employ persons establishes labor relation with laborer namely since the day of use, and probation period is included in labor contract period.During this period, if the enterprise arranges workers to work beyond the statutory standard working hours, compensatory leave or overtime pay shall be given according to regulations.If workers are arranged to work on statutory holidays, they shall be paid no less than 300 percent of their normal wages.Article 44 under any of the following circumstances, the employing unit shall pay labourers remuneration higher than that of normal working hours in accordance with the following standards :(1) to pay labourers remuneration not less than 150 per cent of the normal wages if extension of working hours is arranged;(2) to pay no less than 200 percent of the normal wages to labourers who are arranged to work on rest days but cannot take supplementary rest;(3) to pay no less than 300 percent of the normal wages to labourers who are arranged to work on statutory holidays.Here, there are a group of law popularization guardians from the Shanghai Public Security Department system, every day for you to popularize the knowledge of the constitution, civil code, legal aid, employment, social security and other laws and regulations closely related to the life of citizens.To contact us: you can leave a message on wechat, call 021-63225642, or send email fazhishengyin@126.com.Let us grow up together to understand the law, obey the rules, will use good citizens.Source: Municipal People’s Social Security Bureau