How to calculate overtime pay under labor law
Recently, the issue of calculating overtime pay under labor laws has become the focus of heated discussions across the Internet. Many workers have questions about the calculation standards for overtime pay, which has even led to labor disputes. This article will combine the relevant provisions of the labor law to analyze the calculation method of overtime pay in detail, and attach a structured data table to help readers understand at a glance.
1. Legal basis for overtime pay
According to Article 44 of the Labor Law of the People's Republic of China, the calculation standards for overtime pay are as follows:
| Overtime type | calculation standard |
|---|---|
| Working overtime on working days | Not less than 150% of salary |
| Work overtime on rest days | Not less than 200% of salary |
| Overtime work on statutory holidays | Not less than 300% of salary |
2. Specific calculation method of overtime pay
The basis for calculating overtime pay is usually the worker’s daily wage or hourly wage. The following are the specific calculation steps:
1.Determine daily wage: Monthly salary ÷ 21.75 (monthly salary days).
2.Determine hourly wage: Daily wage ÷ 8 (standard working day hours).
3.Calculate overtime pay: According to the overtime type, multiply by the corresponding multiple.
| Calculation project | formula |
|---|---|
| daily wage | Monthly salary ÷ 21.75 |
| hourly wage | Daily wage ÷ 8 |
| Working day overtime pay | Hourly wage × number of overtime hours × 1.5 |
| Overtime pay on rest days | Hourly wage × number of overtime hours × 2 |
| Overtime pay on statutory holidays | Hourly wage × number of overtime hours × 3 |
3. Analysis of actual cases
Assume that an employee's monthly salary is 5,000 yuan. In a certain month, he works 10 hours of overtime on working days, 8 hours of overtime on rest days, and 5 hours of overtime on legal holidays. The overtime pay is calculated as follows:
| Overtime type | Calculation process | Overtime pay (yuan) |
|---|---|---|
| Working overtime on working days | (5000 ÷ 21.75 ÷ 8) × 10 × 1.5 | 431.03 |
| Work overtime on rest days | (5000 ÷ 21.75 ÷ 8) × 8 × 2 | 459.77 |
| Overtime work on statutory holidays | (5000 ÷ 21.75 ÷ 8) × 5 × 3 | 431.03 |
| total | - | 1321.83 |
4. Frequently Asked Questions
1.Is overtime pay required?According to the labor law, if the employer arranges for workers to work overtime, they must pay overtime pay. Whether overtime pay is paid for voluntary overtime work must be based on company regulations or labor contracts.
2.Is the base for calculating overtime pay negotiable?The base for calculating overtime pay shall not be lower than the local minimum wage standard, but a higher base can be negotiated with the employee.
3.Can time off be substituted for overtime pay?Overtime work on rest days can be arranged with time off, but overtime work on working days and statutory holidays must be paid overtime and cannot be replaced by time off.
5. Summary
The calculation of overtime pay is an important part of protecting workers' rights and interests. Workers should know their rights, and employers should strictly abide by labor laws to avoid disputes over overtime pay. If you have any questions, you can consult the local labor inspection department or seek legal help.
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