Calculation of overtime pay.

<P> Keywords: overtime pay for calculating overtime pay calculation method for calculating overtime pay overtime pay computation base for calculating overtime pay overtime wages calculated how the standard method of calculating overtime pay overtime wages to the calculation of how to calculate overtime pay overtime pay computation base </ P .> <P> overtime, is closely related with enterprises and workers as a problem. .A report on the status of Chinese enterprises overtime survey, "80% of the enterprises have the majority of employees work overtime or in part, the phenomenon of regular employees, of which 10.77% had overtime compensation, but never implemented; 33.46% of the enterprises do not have overtime compensation .provisions become obligations of employees to work overtime overtime. " .In recent years, the overtime pay issue caused the increasing share of the labor dispute. .</ P> <P> typical case </ P> <P> during the May Day this year, a company that received foreign visitors, product commissioning arrangements for the 10 plant employees to work overtime one day. .And later arranged for them to take some time off for a day. .Wages early June, 10 employees have not received overtime pay, and then challenged with. .May Day Companies argue that overtime work was due to receive foreign guests needs, but later arranged for time off, refused to send overtime pay. .10 employees to the local labor dispute arbitration committee to appeal and request replacement of the May Day overtime pay. .Labor dispute arbitration body was later supported the demands of 10 employees. .</ P> <P> relevant provisions of the resolution </ P> <P> This is a typical workers ask for overtime labor disputes, employee overtime in legal holiday, the employer must pay overtime wages in accordance with legal standards. .National and municipal relevant laws, procedural restrictions and regulations on overtime, time limit, the calculation of overtime pay, overtime pay limitation of recourse against the detailed provisions are made: </ P> <P> (a) the procedures limit overtime .</ P> <P> with the trade unions and workers need to double the consultative process, if the union and the workers do not agree, then the employer has no authority arrangements for workers to work overtime. ."Labor Law" 第四十一条 provides that "the production and management needs of the employer, after consultation with trade unions and workers can work longer hours." .</ P> <P> (b) the number of hours overtime limit </ P> <P> the number of hours overtime has been strictly limited and can not be arbitrarily extended. .</ P> <P> "Labor Law" 第四十一条 provides day shall generally not exceed one hour; due to special reasons to work longer hours, in the protection of the health conditions of workers work longer hours not more than .three hours, but shall not exceed thirty six hours per month. .</ P> <P> under the "Labor Law" provisions of article forty-second, one of the following three cases, are not subject to the procedures and restrictions on overtime hours: </ P> <P> 1. Happen .natural disasters, accidents or other reasons that threaten life and health of workers and property in need of emergency treatment; </ P> <P> 2. production equipment, transportation lines, public facilities that affects production and public interests .the importance of timely repair of; </ P> <P> 3. laws and administrative regulations of the other cases. .(C) the calculation of overtime pay </ P> <P> overtime pay calculations, involves two factors, one base overtime pay, first the coefficient of overtime pay. .</ P> <P> 1. Overtime pay base determined </ P> <P> According to "Shanghai enterprise wage payment methods," the provisions of Article IX and XIV, overtime pay base determined in accordance with the following ways, but .Shanghai Municipal People's Government shall not be less than the minimum wage. .</ P> <P> (1) the labor contract agreed upon, in accordance with the labor contract implementation. .</ P> <P> (2) the labor contract is not agreed upon, the implementation of the collective contract. .</ P> <P> (3) the labor contract and collective contract were not agreed upon, according to employees themselves and posts (posts) normal attendance 70% of the monthly wage determined. .</ P> <P> 2. Coefficient of overtime pay under the "Shanghai enterprise wage payment methods," the provisions of Article XIII, the employer arranged according to the actual needs of workers in legal work outside standard working hours, according to the following standards .payment of wages, of which I am working on standards for: the calculation of overtime pay base / 21.75; laborer-hour standard is: the calculation of overtime pay base / (21.75 × 8). .</ P> <P> (1) coefficient of standard working hours system for the determination of overtime pay </ P> <P> ① working overtime, working overtime hours by employees no less than 150% of wages to pay overtime wages; .</ P> <P> ② rest, overtime, rest days and overtime compensatory leave can not be arranged, according to employees no less than days or 200% of hourly rates for overtime pay; </ P> <P> ③ statutory .holidays, overtime, statutory holidays, overtime in accordance with the employees no less than days or 300% of hourly rates for overtime pay. .</ P> <P> be noted that the employer if the arrangements for workers to work overtime on weekdays and holidays, and must pay overtime wages in accordance with legal standards. .If the arrangement of work on legal holidays of workers to rest not only affects the workers, but also affect their spiritual and cultural life and other social activities, so can not make arrangements for compensatory manner. .If arrangements for workers to work overtime on rest days, then the employer has two choices, you can arrange time off workers, according to legal standards can also pay overtime wages to the workers, the choice rests in the hands of the employer. .</ P> <P> Thus, in this case, the company should be the standard by 300% of the 10 employees to pay overtime wages. .</ P> <P> (2) General working hours overtime coefficient of </ P> <P> implement comprehensive calculation of working time, workers work more than consolidated statutory standard working hours should not be less than labor .himself 150% of hourly rates for overtime wages paid to laborers; employers on statutory holidays for working holidays, shall be on or employees no less than 300% of hourly rates for overtime pay. .</ P> <P> (3) regular working hours without overtime pay Coefficient </ P> <P> on the non-regular working hours, in the days and rest days, overtime without pay overtime wages, according to Shanghai .requirements, statutory holidays and festivals in for working, should be on or employees no less than 300% of hourly rates for overtime pay. .</ P> <P> (4) piece-rate system overtime coefficient of </ P> <P> employing unit arranges the basis of piecework wage system for workers in legal work outside standard working hours should be according to the above standard working hours .① ② ③ system in a corresponding adjustment to the principle piece rate. .</ P> <P> (d) the recourse to overtime pay limitation </ P> <P> If the employer, wages in arrears, the workers need to be within the limitation period for arbitration of labor arbitration, requiring .employer to pay, or they will not be an effective legal remedy. .</ P> <P> 5 月 1st implementation of the "PRC Labor Dispute Mediation and Arbitration," twenty-seventh provides for arbitration of labor disputes during the period of limitation is one year. .Limitation period for arbitration the parties know or should know that their rights have been infringed date. .</ P> <P> time preceding paragraph shall, upon one claim by the other party, or a request to the authorities the right to relief, or the other party agrees to perform an obligation. .From the time of interruption limitation period shall be recalculated. .</ P> <P> labor relations during the existence of a dispute for payment of labor remuneration, the laborer applies for arbitration from the arbitration provisions of the first paragraph of this time limitation period; but the labor relationship is terminated, shall be the date of termination of labor relations .within one year. .This regulation contains three meanings. .</ P> <P> First, if the duration of labor relations, employee overtime wages owed the employer, then the employee may at any time bring to the labor dispute arbitration department of the arbitration, require the employer to pay overtime wages, not subject to statute of limitations .; Second, if the labor relationship is over, so workers to the labor dispute arbitration departments require the employer to pay overtime wages, you must within one year; </ P> <P> Finally, in labor relations within one year after the end of .If the workers claim the right to request to the authorities the right to relief, or the employer agreed to pay, then the validity of arbitration recalculated. .</ P>.