How to calculate overtime pay during the May Day holiday in 2022? What are the days of overtime work on May Day in 2022? -perpetual calendar

Editor: Labor Day is coming soon, and many people who go to work are particularly curious about how to calculate the overtime pay for the May Day holiday in 2022. In fact, everyone should know that the holiday time of May Day is different for people in different positions, so apart from the holiday time, everyone is most curious about overtime pay, so let's take a look at which days of May Day in 2022 are considered overtime.

How to calculate overtime pay during the May Day holiday in 2022?

1.If workers are arranged to work from May 2 to May 4, but cannot be arranged to take compensatory time off, they shall be paid no less than 200% of their wages.

Overtime pay on rest days = monthly salary base ÷2 1.75 days ×200%× overtime days.

On the day of May 1 day (Labor Day), if the laborer is arranged to work, he shall be paid no less than 300% of the salary.

Overtime pay for legal holidays = monthly salary base ÷2 1.75 days ×300%× overtime days.

On which days are there three salaries on May Day?

In 2022, there is only one legal holiday "May Day", that is, May 1 day, that is, Sunday in April 1 day of the lunar calendar. If the company arranges you to work overtime on May 1 day, you need to pay three times the salary. Overtime pay at other times during the May Day holiday is calculated according to the following provisions:

1.May 2nd is only May 4th. If you work overtime for four days, you should pay twice your salary. If you can't pay twice the salary, you need to arrange compensatory time off for those who work overtime.

2. According to Article 44 of the Labor Law, the calculation method of overtime pay is as follows: if workers are arranged to work on legal holidays, they will be paid no less than 300% of their wages; If workers are arranged to make up their rest days, they shall be paid no less than 200% of their wages.

Labor day overtime pay regulations

Article 44 of the Labor Law stipulates that under any of the following circumstances, the employing unit shall pay wages higher than the wages of workers during normal working hours according to the following standards: (1) wages of workers during normal working hours;

May Day holiday

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. "

But not a five-day holiday,

1 According to national statutory holidays and anniversaries, Labor Day is 1 day (May 1). Therefore, if the employer arranges the laborer to work in May 1 day, it shall pay no less than 300% of the laborer's salary.

April 30th and May 2nd are weekends, and May 3rd and May 4th are holidays on April 24th (Sunday) and May 7th (Saturday) respectively. Therefore, if the employer arranges the laborer to work from May 2 to May 4, and cannot arrange a rest, it will pay no less than 200% of the laborer's salary.

What if the company doesn't pay overtime?

Where the employing unit arranges overtime without paying overtime, the labor administrative department shall order it to pay overtime within a time limit; If it fails to pay within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of more than 50% and less than 000% of the payable amount.

If the employer fails to pay the labor remuneration (including overtime pay) in full and on time, the employee may terminate the labor contract and ask the employer to pay economic compensation.

During the existence of labor relations, if the employer defaults on overtime pay, the employee may file an arbitration with the labor dispute arbitration department at any time and demand the employer to pay overtime pay without restriction; If, within one year after the termination of labor relations, the laborer claims rights, requests rights relief from relevant departments or the employer agrees to pay, the arbitration limitation shall be recalculated.

When workers ask for overtime pay, they need to provide evidence, which can be divided into three forms: first, overtime records or punch records of normal companies; second, witnesses and recording certificates; and third, evidence of work content during overtime.

If the company does not arrange employees to work overtime according to the legal time, then the company's behavior is illegal. At this time, employees can take legal measures to safeguard their rights. In reality, if the company does not pay overtime, employees can take legal measures to protect their rights and interests, and if necessary, they can seek legal help to obtain more comprehensive legal protection.

What are the provisions of the Labor Law on overtime compensation?

According to the effective labor law, whether the employer arranges employees to work overtime must pay overtime pay, and it cannot be replaced by compensatory time off or compensatory time off.

There is no such provision in the Labor Contract Law. The relationship between the special law and the general law of the Labor Contract Law and the Labor Law takes precedence when there are different provisions, and the general law applies when there are no provisions in the special law. "Labor Law" stipulates that if workers are arranged to work on rest days but cannot be arranged to take compensatory time off, they shall be paid no less than 200% of their wages. It can be seen that after working overtime on rest days, enterprises can arrange compensatory time off first, but they can't arrange compensatory time off and only pay overtime not less than 200% of wages. In other words, after working overtime on weekends, it is up to the enterprise to decide whether to arrange compensatory time off or pay overtime, and employees have no choice. According to the relevant laws and regulations, the employer must pay overtime pay only if it works overtime at ordinary nights and national statutory holidays.