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How does overwork pay of National Day vacation calculate our newspaper to help y
From;    Author:Stand originally

Acaleph net on September 24 dispatch (YMG reporter Fang Chunming) " 11 " small long holiday is coming, how does overwork salary calculate? As we have learned, during the festival, unit of choose and employ persons arranges a worker to work overtime, should pay 300% or the overtime of 200% .

[law is unscrambled]

According to legal laws and regulations, during the National Day has a holiday, unit of choose and employ persons arranges laborer to work overtime in legal holiday, namely on October 1, 2 days, 3 days, should according to not under him laborer of day or hour wage 300% pay overwork salary. Between general holidays date, namely on September 29, 30 days, on October 4, , unit of choose and employ persons arranges laborer to work overtime, can fill to rest and do not pay overwork salary to laborer arrangement, if do not give,fill cease, criterion ought to according to not under him laborer of day or hour wage 200% pay overwork salary.

As we have learned, the festal holiday of citizen annual is 11 days, number of day of lunar plan salary should be 21.75 days. Such, the computational method of the worker's daily wages is, the monthly wages on the worker counts ÷ 21.75 days. Festal overtime is the foundation in daily wages excellent with working overtime the day is counted.

[example is calculated]

With the urban district standard of every months of minimum wage is calculated 760 yuan, daily wages is equal to month of ÷ of monthly wages income plan salary overhead is counted (21.75 days of) , hour wage is divided on the foundation of daily wages with 8 hours. So daily wages should be divided for 760 yuan with 21.75 days, approximate 34.94 yuan. Such calculating come, if be in on October 1, 3 days of 2 day, daily and regular jobs 8 hours, daily overtime lowest should be 104.83 yuan. If be on September 29, 30 days, on October 4, 5 days work overtime, the unit did not arrange deferred holiday, daily lowest not less than 69.88 yuan. Such calculating come down, 11 during 7 days work overtime to be able to take 594.01 yuan the least entirely.

[dimension authority strategy]

Does holiday work overtime how to take overtime to do? Expert of labor law law suggests, citizen but according to " labor dispute mediates arbitral law " uphold the right.

Labor law expert reminds, the person that thought fors the time being besides arbitrating to arbitral committee and people court application, still can ensure service to inform against to labor, nevertheless, inform against need to execute real name to make.

According to " labor dispute mediates arbitral law " , laborer encounters unfair treatment solves a way to have 2: It is the service that ensures to labor goes informing against, inform against need real name nevertheless, work otherwise service processing rises have difficulty; 2 be go applying for the arbitration to arbitral committee and people court. If apply for the arbitration, 12 total of month of minimum wage that seek the labor pay that demand not to exceed this locality at the same time, can be in " arbitral " the end in this one program, and adjudicate on inside 45 days end, and need not go next " lawsuit " program, be come to by the proceeding of first instance of reoccupy of unit of choose and employ persons, 2 careful protracted time, pull worker finally break down.   
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