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Wage settlement

China's wages before the implementation of the commodity economy do not care much

Xinhua News, January 10-The Ministry of Labor and Social Security announced on its official website today that "

(1) 1. If the employer arranges workers to work overtime on holidays, they shall pay overtime wages at a rate not less than 300 of the worker s daily or hourly wages; if the employer arranges workers to work overtime on rest days, they may arrange supplementary rest for the workers Without paying overtime pay, if no compensatory leave is provided, overtime pay shall be paid at a rate not lower than 200 of the worker's daily or hourly wage.

2. The base for calculating overtime pay is not necessarily the entire wage of the worker. In determining the base for calculating overtime wages, if there is an agreement on wages in the labor contract, it shall be determined according to the wage standard corresponding to the position of the employee in the labor contract. If there is no agreement in the labor contract, the employer and the employee representative can make it clear in the collective contract through collective negotiation. If there is no agreement between the employer and the worker, it shall be determined according to 70 of the normal monthly salary of the employee at the post. It should be noted that if the base for calculating the overtime wage determined by the above method is lower than the minimum wage, it shall be calculated at the minimum wage.

3. When calculating overtime pay, the daily wage is converted based on the average monthly working time of 20.92 days, and the hourly wage is divided by 8 hours on the basis of the daily wage. That is, the daily overtime pay calculation method during the May Day holiday is:

Overtime pay for holidays = Calculation base for overtime pay ÷ 20.92 × 300

Overtime pay on rest days = Calculation base for overtime pay ÷ 20.92 × 200

[Note] Now (2008) there are 11 days of legal holidays. Daily wages based on an average monthly working time of 20.83 days

Overtime pay for holidays = Calculation base for overtime pay ÷ 20.83 × 300

Overtime pay on rest days = Calculation base for overtime pay ÷ 20.83 × 200

4. According to the 1999 State Council Order "National Annual Holidays and Remembrance Holidays", the legal holidays for all citizens are 1 day on New Year's Day, 3 days each on Chinese New Year, Labor Day, and National Day. Saturday and Sunday are the so-called weekends. Due to the different nature of statutory holidays and rest days, overtime pay is not the same. Overtime pay for holidays is higher than overtime pay for rest days.

(2) According to Articles 36, 41, and 44 of the Labor Law: Workers work no more than eight hours a day, and the average weekly work must not exceed 44 hours. After consultation with the union and workers, the working hours can be extended, generally not exceeding one hour per day; if special circumstances require extended working hours, the working hours must not exceed three hours per day under conditions that protect the workers' own health; The month must not exceed thirty-six hours;

A. If the worker is arranged to extend the working hours, pay a salary of not less than 150;

B. If a worker is arranged on a rest day and cannot arrange compensatory rest, pay a salary of not less than 200 wages;

C. Workers who work on statutory holidays are paid a salary of no less than 300.

(3) At present, the national average monthly working hours and working hours of the employees for the whole year are 20.92 days and 167.4 hours, respectively. The daily wages and hourly wages of employees should be converted accordingly. Based on a worker's monthly salary of 750 yuan, the daily wage standard is about 35.85 yuan and the hourly wage is about 4.48 yuan. Overtime for one day (8 hours) on New Year's Day, the calculation formula for the employee's overtime is: 4.48 yuan × 300 × 8 hours = 107.52 yuan; on January 2 and 3 for two days of overtime (8 hours of overtime a day), the calculation formula for the employee's overtime : 4.48 × 200 × 16 hours = 143.36 yuan. If workers work overtime and the employer fails to pay wages in accordance with relevant regulations, workers can report complaints to the labor security supervision agencies at all levels.