Spring Festival overtime wage base can not be simply equal to the monthly income

2022-07-06 0 By

On January 29th, the Beijing municipal human resources and social security bureau as “during the Spring Festival overwork salary how to calculate” problem, release notes: during the Spring Festival holiday, holiday and rest day overtime calculation method is different, hourly workers and full-time employment accounting methods are also different, approved overtime wage base, not simply equated with monthly income.According to the notice of The General Office of the State Council, from January 31 (Monday, New Year’s Eve) to February 6 (Sunday, the sixth day), a total of 7 days off.January 29 (Saturday), January 30 (Sunday) work.Among them, the national statutory holidays have three days, namely February 1 to February 3;The other four days are weekend rest days or days off, namely January 31, February 4, February 5, February 6.According to “labor law” regulation, the unit of choose and employ persons that executes standard man-hour, arrangement laborer goes to work in legal holiday and rest day go to work, the overwork salary that pays is different.Legal holiday, unit of choose and employ persons ought to pay overwork salary according to not under day wage base or 300% of hour wage base, and must not move rest, fill rest to replace.On rest days, the employing unit shall first arrange compensatory rest of the same time;Cannot arrange fill rest really, want to pay overwork salary according to not under the 200% of day salary base or hour salary base.That is to say, it is legal holiday on February 1 to February 3, work overtime in these 3 days, unit of choose and employ persons should pay laborer 300% overwork salary;These 4 days work overtime on January 31 and February 4 to 6, the unit should arrange laborer to fill rest first, cannot arrange those who fill rest really, want to pay 200% overwork salary.Need to note that, no matter 300% or 200% overtime wages, are employing units in the pay workers after the monthly wages, need to pay in addition.Accounting overtime wage base needs to be based on the labor contract accounting to determine the “day or hour wage base”, and not simply with the usual monthly income divided by the number of days or hours, but should be in accordance with the labor contract agreed his wage standard to determine;If there is no agreement in the labor contract, it shall be determined in accordance with the overtime wage base and the wage standard during holidays agreed in the collective contract;If there is no agreement in the labor contract or collective contract, the wages due to normal labor shall be determined according to the laborer himself.It should be noted that the overtime wage base determined in accordance with the above principles shall not be lower than the city’s minimum wage standard, that is, not less than 13.33 yuan per hour, not less than 2320 yuan per month.When converting monthly wages into daily wages, the employer shall convert 21.75 days of monthly calculated wages as stipulated in the notice on annual average monthly working hours and Wage Conversion of workers issued by the former Ministry of Labor.Such as: Xiao Zhang is full-time employment, the implementation of the standard working hour system, he worked 5 hours overtime on the first day of the Lunar New Year, the labor contract is clear, his monthly wage standard is 8000 yuan per month, its hourly wage base is 8000 yuan ÷21.75 days ÷8 hours ≈45.98 yuan.The overtime pay should be 45.98 yuan ×5 hours ×300%≈689.7 yuan.Hourly workers statutory holiday wages shall not be less than 59 YUAN/hour for part-time workers (usually called hourly workers), according to the “Beijing Wage Payment Regulations” requirements, part-time employees do not implement overtime wages, but the employer arranges them to work in statutory holidays,The hourly wage shall not be lower than the minimum hourly wage standard for part-time employees in statutory holidays set by this Municipality, that is, shall not be less than 59 yuan/hour;Working on weekdays and rest days, the hourly wage shall not be less than 25.3 yuan/hour.In addition, the duty is not the same as to work overtime, in general, the unit is on duty for safety, fire protection, fire prevention, guard against theft or holiday to deal with emergencies and emergency official business, reason, temporary arrangement or according to the system, public holidays, statutory holidays and during the night non-work time arrangement and laborer labor of unrelated work, responsibility for non-productive,And is on duty can rest during the work, such as guarding the door, answering the phone and so on.Therefore, there is no question of overtime pay.The municipal Human Resources and Social Security Bureau stressed that if employers do not pay or delay overtime wages and other problems, workers can protect their legitimate rights and interests through the following three channels: one is to call the unified complaint reporting and policy consultation number 12333 to learn about relevant policies, and can report complaints;The second is to report complaints to the local labor security supervision department;Third, apply for arbitration to the labor and personnel dispute mediation and arbitration department of the jurisdiction.Source: Beijing Youth Daily Editor: Ren Zhen