Article 36 of the Labor Law The state practices a working-hour system in which laborers work no more than 8 hours a day and 44 hours a week on average. ?
Article 41 Due to the needs of production and operation, the employing unit may extend the working hours after consultation with the trade unions and laborers, and generally the working hours shall not exceed 1 hour per day;
Rule three. Employees work 8 hours a day and 40 hours a week.
2. Calculation of overtime pay
Article 44 of the "Labor Law" is under any of the following circumstances, the employing unit shall pay the wages higher than the wages of the workers' normal working hours according to the following standards:
(1) If workers are arranged to work longer hours, they shall be paid no less than150% of their wages; ?
(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; ?
Extended data:
Overtime pay refers to the labor remuneration obtained by workers who continue to produce or work outside the prescribed working hours according to the needs of the employer's production work.
Workers who work overtime have extended their working hours and increased the amount of extra labor, and should be paid reasonably.
For workers, overtime pay is a kind of compensation, because they have paid excessive labor;
For employers, paying overtime can effectively restrain employers from extending working hours at will and protect the legitimate rights and interests of workers.
20 12 February, State Taxation Administration of The People's Republic of China Tax Service Department stated that overtime pay on holidays should be taxed according to law.
According to the provisions of Article 44 of the Labor Law, the specific standards for paying overtime pay are:150% not lower than the salary if the workers are arranged to extend their working hours within the standard working day;
If workers are arranged to work on rest days but cannot be arranged for compensatory rest, they shall be paid no less than 200% of their wages;
If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.
Extending workers' working hours and rest days beyond standard working hours and arranging workers to work on legal holidays are all taking up workers' rest time and should be strictly restricted. Paying wages outside normal working hours is a restrictive measure taken by the state.
However, it is not exactly the same to organize workers to work in the above three situations. For example, for workers, legal holidays are more important than usual and rest days, and also affect their spiritual and cultural life and other social activities, which cannot be compensated by compensatory holidays. Therefore, higher wages should be given.
The employing unit shall pay overtime wages in strict accordance with the provisions of the Labor Law and this Law if it arranges laborers to work overtime under the above circumstances.
What kind of overtime work belongs to, we should implement the provisions of the law on this situation and not confuse each other.
Can not be replaced, otherwise it is a violation of the labor law and this law, is an infringement of the rights and interests of workers, and should bear legal responsibility according to law.
According to this article, forcing workers to work overtime in disguised form should be regarded as extending the working hours of workers in violation of the provisions of the labor law.
In order to complete the labor quota exceeding a reasonable amount, a laborer may, in accordance with the relevant provisions of the Labor Law and this Law, require the employer to pay back wages and overtime pay.
References:
Baidu encyclopedia-overtime pay