It is illegal for a company to work overtime without paying overtime pay or taking a vacation. If the employer arranges for the employee to work overtime and refuses to pay overtime wages, the employee may apply for labor arbitration and ask the employer to pay overtime wages. How to apply for labor arbitration: 1. Apply for labor arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (formerly the Labor Bureau). When filing a case, you must bring: two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Industrial and commercial registration information of the employer (registration information is not required in the region). 2. After submitting the materials, the Arbitration Commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then the court will open, and then mediate between you two. If mediation fails, the Arbitration Commission shall issue an award. Labor arbitration shall be closed within 60 days; If the employee refuses to accept the ruling, he can bring a lawsuit to the court; 3. During the application for labor arbitration, the laborer shall not delay to work in the new unit. Applying for labor arbitration can recover the overtime pay two years ago, but the laborer needs to bear all the burden of proof. Calculation method of overtime pay on working days: monthly salary ÷2 1.75÷8× overtime hours × 1.5 times; Calculation method of overtime pay on weekends: monthly salary ÷2 1.75÷8× overtime hours ×2 times; Calculation method of overtime pay on legal holidays: monthly salary ÷2 1.75÷8× overtime hours ×3 times. Evidence to prove overtime mainly includes: attendance sheet, attendance card, overtime approval form, overtime notice, surveillance video, witness testimony, written records of work done during overtime, e-mail, etc. Under any of the following circumstances stipulated in Article 44 of the Labor Law, the employing unit shall pay the wages higher than the wages of the workers during their normal working hours according to the following standards: (1) If the workers are arranged to extend their working hours, they shall pay the wages not lower than 150% of the 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; (3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.
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Measures for the implementation of paid annual leave for employees of enterprises Article 10 Where an employer arranges annual leave without the consent of employees or the number of days of annual leave arranged for employees is less than the number of days of annual leave due, it shall pay 300% of the daily wage income of employees for the days of annual leave due, including the wage income paid by the employer to employees during normal working hours. Article 12 of the Measures for the Implementation of Paid Annual Leave for Enterprise Employees: When the employing unit dissolves or terminates the labor contract with the employees, if the employees fail to take full annual leave days in a year, they shall convert the annual leave days according to the working hours of the employees in the current year and pay the salary for the annual leave days, but the part of the salary that is less than 1 full days after conversion will not be paid. The conversion method specified in the preceding paragraph is: (How many calendar days did the company pass in that year? 365 days)? The number of annual leave days that employees should enjoy throughout the year-the number of annual leave days that have been arranged in the current year. If the employer has arranged annual leave for employees in that year, the number of days exceeding the converted annual leave will not be deducted.