How to calculate overtime pay during Spring Festival?

2022-07-16 0 By

The Spring Festival is a time for thousands of families to get together. However, in order to ensure the normal operation of the city, many people give up the opportunity to get together with their families and choose to stick to their posts and stay in Xiamen for the Spring Festival.So, how should the overtime pay during the Spring Festival be calculated?Stay in xiamen workers, quickly look over!”Labor law” 44th regulation, have one of the following circumstances, unit of choose and employ persons ought to pay higher than laborer normal working time wage remuneration according to the following standard: arrange laborer to extend working time, pay not less than 150 percent of wage remuneration;To pay no less than 200 percent of the normal wages to labourers who are arranged to work on rest days but cannot take supplementary rest;If workers are arranged to work on statutory holidays, they shall be paid no less than 300 percent of their normal wages.According to the Notice on some holidays in 2022 issued by The General Office of the State Council, this year’s Spring Festival holiday arrangement is as follows: January 31, 2022 (Monday, New Year’s Eve) to February 6, 2022 (Sunday, the sixth day) vacation, a total of seven days;January 29 (Saturday), January 30 (Sunday), including February 1 to 3 is a statutory holiday.Unit of choose and employ persons arranges laborer to go to work on February 1 to 3 days statutory holiday day, ought to according to not under him day or the 300% that hour overwork salary plans hair base pays overwork salary.Laborer himself asks to arrange compensatory rest, unit of choose and employ persons can arrange compensatory rest and do not pay overwork salary, compensatory rest time is not less than 3 times of overwork time.Arrange laborer to work overtime on January 31, February 4 to 6 days, should arrange its fill to rest above all, fill to rest time must not be less than overwork time, cannot arrange to fill to rest, according to not under him day or hour overwork salary plan hair base 200% pay overwork salary.On January 29, 30, had the day off, but because of the Spring Festival holiday paid leave, into a working day, in this two days to go to work, no overtime pay, but if unit of choose and employ persons arranges laborer beyond legal standard working hours in the day to lengthen working hours, according to not under my days or hours overtime plan hair base 150% pay overwork salary.Does overtime pay individual income tax?Basis “individual income tax law” relevant regulation, the salary that the individual obtains, salary income, should accept individual income tax, that is to say, laborer is in legal holiday the overtime salary that work overtime place obtains, should merge into salary, salary income, pay individual income tax lawfully.Does working from home during Spring Festival count as overtime?If workers need to claim overtime pay, they should prove the fact that they work overtime during holidays.Working at home during the Spring Festival, workers need to prove the fact of the existence of work, but also need to prove that the employer requires workers to complete the work during the Spring Festival.Laborer also ought to keep good overwork evidence, for instance unit of choose and employ persons advocates the recording when overwork, chat record is waited a moment.If the unit of choose and employ persons only arranged a work task, did not specify that must be completed during the Spring Festival, the laborer himself during the Spring Festival to work, this situation does not belong to overtime.If the work of laborer is neither the requirement of unit of choose and employ persons, also do not have the overtime record of unit of choose and employ persons approbate, but the circumstance of voluntary overwork, do not belong to overwork, unit of choose and employ persons need not pay overtime.How does the employing unit not pay overtime wages?Laborer can negotiate with unit of choose and employ persons, unit of choose and employ persons refuses to pay, laborer can apply for arbitration to arbitral orgnization of labor personnel dispute that has jurisdiction, still can inform against to the labor that has jurisdiction to ensure supervisory branch or complain.Xiamen Labor Supervision Detachment: 5110656 Siming District Labor Supervision Brigade: 5862900 Huli District Labor Supervision Brigade: 5636959 Jimei District Labor Supervision Brigade: 6612333 Tongan District Labor Supervision Brigade: 7316110, 7316703 Xiang ‘an District Labor Supervision Brigade: 7889981Edited and produced by Wang Kun, All-China Federation of Trade Unions