How To Calculate The National Day Overtime Is A Key Issue.

According to the notice of the general office of the State Council on arrangements for some holidays in 2015, the National Day holiday in 2015 will be arranged for 7 days in from October 1st to 7th.

According to the relevant regulations, employers should pay overtime wages in accordance with 300% of the daily or hourly wage of workers in October 1st, October 2nd and October 3rd.

During the period from October 4th to 7, employers arranged for workers to work overtime, they could choose to arrange compensatory rest for workers instead of paying overtime wages.

200% pays overtime wages.

Wu is engaged in administrative work in a company in this city. According to the requirements of the company, he has two days' duty on duty during the National Day holiday this year.

Wu wants to ask the following questions: how do the relevant laws define "duty" and "overtime"? If he can give evidence to prove that his situation is still "overtime", how should he calculate overtime pay during the National Day holiday this year?

Wang Fan, a lawyer at Hongjia law office in Beijing, said: according to the relevant regulations of the city, the duty includes the following situations: (1) the employer has to arrange for the worker to do nothing related to his job due to safety, fire protection, holidays and other needs.

(2) the employer arranges the workers to take on duty duties related to their duties, but they may rest during their duty.

According to the regulations, workers can ask employers to pay the corresponding treatment according to the labor contract, rules and regulations, collective contracts or routines while on duty.

When calculating overtime wages, the daily wages are converted to 21.75 days on the basis of the average monthly payroll days, while hourly wages are divided by 8 hours on the basis of daily wages.

That is: the overtime wage of holidays = the base number of overtime pay is 21.75 x 300%; the overtime wage of rest day = the base of overtime pay is 21.75 x 200%; the overtime pay per hour is divided by 8 hours per day overtime wage.

When determining the calculation base of overtime pay, the labor contract has a definite stipulation for wages, and shall be determined according to the wage standard corresponding to the post of the laborer.

If there is no definite agreement on wages, it shall be implemented according to the collective contract.

For example, the wages of employees are the minimum wage standards in Beijing. According to the current minimum monthly wage standard of 1560 yuan in Beijing, the workers work overtime on National Day October 1st, October 2nd and October 3rd, and the daily overtime pay is 1720 yuan 21.75 x 300%=237 yuan.

And 4 to 7 days overtime, the daily overtime pay is 1720 yuan 21.75 x 200%=158 yuan.