Basic calculation of overtime pay

Overtime pay at night is 65438+ 050% of my salary, 200% on weekends and 300% on national holidays. But this is only the proportion stipulated by the state, and the key to the amount of overtime pay is the salary base.

The base of overtime pay for employees can be determined through consultation between the enterprise and the employees, otherwise, the enterprise shall determine it according to the wages due to the employees' normal labor. The salary base for an enterprise to calculate overtime pay shall first be determined according to the salary standard corresponding to the employee's post as agreed in the labor contract. If there is no agreement in the labor contract or collective contract, the employee representatives can negotiate with the employer through collective wage negotiation, and the result of the negotiation should be a collective wage agreement (if the employer is approved to implement the flexible working hours system, the above provisions will not be implemented). If there is no agreement between the employer and the employee, the calculation base of holiday salary shall be determined according to 70% of the employee's monthly salary for normal attendance. The daily wage is calculated by dividing the base by the monthly average system working days of 20.92 days.

Make up vacation or pay overtime?

The Labor Law stipulates that if workers are arranged to work on rest days, but can't make up the rest days, they will be paid no less than 200% of their wages. It can be seen that after working overtime on rest days, enterprises can arrange compensatory time off first. If compensatory time off cannot be arranged, they will only pay overtime pay not less than 200% of their wages. In other words, after working overtime on weekends, it is up to the enterprise to decide whether to arrange compensatory time off or pay overtime, and employees have no choice. According to the provisions of relevant laws and regulations, the overtime wages that the employer must pay are limited to ordinary nights and national legal holidays. National Day is always closed for seven days, but according to the current national regulations, only 10, 1, 2 and 3 are national legal holidays, and the remaining four days are changed from the previous weekend. Therefore, overtime work on 1 ~ 3 is a national holiday, and overtime pay must be paid (calculated by 300%). The other four days are weekends, and the enterprise decides whether to arrange compensatory time off or pay overtime.

Four kinds of overtime work that cannot be refused

Under normal circumstances, overtime requires the consent of the workers, but the law also stipulates that overtime is required in the following four situations, and it is not necessary to seek the opinions of the workers.

● Natural disasters, accidents or other reasons seriously threaten people's safety, health and state property and need urgent treatment;

● Production equipment, traffic lines and public facilities are out of order, which affects production and public interests and must be repaired in time;

● During the shutdown period of legal holidays or public holidays, equipment must be overhauled and maintained;

● In order to complete the national defense emergency task, or other emergency production tasks arranged by the superior outside the national plan, as well as commercial and supply and marketing enterprises in the peak season. ...

You can report directly to the labor inspection department of the local labor bureau.