Article 40 During the following festivals, the employing unit shall arrange employees' holidays according to law:
(1) New Year's Day; (2) Spring Festival; (3) International Labor Day; (4) National Day; (five) other holidays as prescribed by laws and regulations.
Article 44 Under any of the following circumstances, the employing unit shall pay wages higher than the wages of the workers during their normal working hours according to the following standards:
(1) If the laborer is arranged to work longer hours, he shall be paid no less than 150% of the salary;
(2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 200% of their wages;
(3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.
That is, the overtime pay at night is 150% 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.
According to the Labor Law and the Notice of the Ministry of Labor and Social Security on the Annual Average Working Time and Wage Conversion of Employees, the statutory public holidays are 104 days/year, and the statutory holidays are1/kloc-0 days. The wages are calculated as follows:
A. calculation of system working time:
Annual working days: 365 days-104 days (rest days)-1 1 day (legal holidays) = 250 days.
Seasonal working days: 250 days ÷4 seasons = 62.5 days/season.
Monthly working days: 250 days ÷ 65438+February = 20.83 days/month.
Calculation of working hours: the working days of month, quarter and year multiplied by 8 hours per day.
B. conversion of daily wage and hourly wage:
Daily wage: monthly wage income ÷ paid days per month.
Hourly wage: monthly wage income ÷ (paid days per month ×8 hours).
Paid days per month = (365 days-104 days) ÷ 65438+February = 2 1.75 days.