In order to achieve their goals, some companies occasionally arrange employees to work overtime to catch up with tasks, so to compensate employees for overtime, they usually pay overtime. However, whether the company must pay overtime when arranging overtime can first determine what compensation employees can get after overtime.
First of all, according to the regulations, the company arranges overtime on rest days, and can give priority to vacation when compensating employees. If you really can't take a vacation, you need to pay overtime to compensate employees.
Therefore, after the company requires overtime, there is no need to pay overtime. In order to ensure that employees maintain their physical strength, when conditions permit, priority should be given to arranging holidays, followed by paying overtime.
Secondly, the company should compensate employees for overtime pay according to the following standards:
1. If you work overtime at ordinary times, the company will pay no less than 150% of the salary as a reward;
2. If you work overtime on rest days, the company will pay no less than 200% of the salary as a reward;
3. Annual leave and overtime: with the consent of the employee, the annual leave salary is paid at 300% of the employee's salary.
Specifically, overtime pay will be calculated according to the following formula:
1, overtime pay for statutory holidays = overtime pay base ÷2 1.75x days x300%.
2. Overtime pay on rest days = overtime pay base ÷2 1.75x days x200%.
3. Overtime pay on working days = overtime pay base ÷2 1.75÷8x hours x 150%.
Finally, if the company does not give overtime pay or leave compensation to employees after arranging overtime, and the overtime hours are long, which seriously damages the interests of employees, then employees can apply for labor arbitration.
If the company requires overtime and does not pay overtime, employees can take the following measures:
1, consulting company. In order to deal with the disputes between the two sides as soon as possible, it is best to negotiate as soon as possible, which will save everyone's time and energy.
2. Report to the labor department. Moreover, employee reports are generally anonymous. If many employees have been deducted overtime pay and are worried about the impact on the relationship with the company, then it is suggested that they can choose to report the company.
3. Complain to the labor inspection brigade. Compared with reporting, complaints are real names, so it is necessary to choose a complaint company and get a faster solution.
4. Find a labor arbitration institution to apply for arbitration. If all the above methods are invalid, it is suggested to apply for arbitration directly to an arbitration institution. When applying for arbitration, a written application should be submitted to the Labor Dispute Arbitration Committee within 60 days from the date of the labor dispute.
5. Go to court for prosecution. If the labor arbitration can't be settled, or you are not satisfied with the arbitration result, then it is suggested that you can bring a lawsuit in court. Moreover, to file a labor lawsuit, it is necessary to file a labor lawsuit with the people's court within 15 days from the date of receiving the ruling.
Finally, if the company requires overtime but does not give overtime pay, if the company arranges overtime for many times and defaults on overtime pay, then it is suggested to apply for labor arbitration directly. If a large number of people are involved, you can find a professional lawyer to participate in the arbitration if necessary.
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