How to calculate overtime pay during the Spring Festival? On the first day, the second day and the third day of the first month, pay not less than 300% of the salary.

In China, the overtime pay for the Chinese New Year is calculated at 300% of the normal salary from grade one to grade three, and at 200% of the normal salary at other times. Workers who work on statutory holidays stipulated by the state shall not be less than 300% of their usual wages to protect their legitimate rights and interests.

First, how to calculate the wages stipulated by the state for overtime during the New Year?

The calculation of overtime pay during the Spring Festival is mainly based on the provisions of Article 44 of the Labor Law and Article 13 of the Provisional Regulations on Wage Payment. The first, second and third days of the Spring Festival are legal holidays. Those who work overtime these three days must pay at least 300% of their daily or hourly wages. Other overtime hours shall be paid at 200% of the normal wages of the workers.

Second, the law

1949 65438+On February 23rd, 2007, the Administration Bureau issued the first revision according to1September, 999 18 "the State Council's Decision on Amending the National Holidays and Remembrance Days" according to June 5438+February 65438 "the State Council on Amending the <

first

These Measures are formulated to unify the holidays of national festivals and anniversaries.

second

Holidays for all citizens:

(a) the New Year, holiday 1 day (10/day);

(two) the Spring Festival, a holiday of 3 days (the first day of the first month, the second day, the third day);

(3) Tomb-Sweeping Day, holiday 1 day (the day of the Qingming Festival);

(4) Labor Day, holiday 1 day (May 1 day);

(5) Dragon Boat Festival, holiday 1 day (the day of Dragon Boat Festival in the lunar calendar);

(6) Mid-Autumn Festival, holiday 1 day (the day of the Mid-Autumn Festival in the lunar calendar);

(7) National Day, 3 days off (65438+ 10/0/2, 3).

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Holidays and anniversaries of some citizens:

(a) Women's Day (March 8), women have a half-day holiday;

(2) Youth Day (May 4th), and more than 14 youths have a half-day holiday;

(3) Children's Day (June 1), children under 14 have a holiday 1 day;

(4) Army Day of China People's Liberation Army (1 August), and active servicemen have a half-day holiday.

Article 4

Festivals with ethnic customs shall be designated by the local people's governments in areas where ethnic groups live in concentrated communities in accordance with the customs and habits of all ethnic groups.

Article 5

There are no holidays on other festivals and anniversaries, such as the 27th anniversary, the 30th anniversary, the July 7th anniversary, the September 18th anniversary, the Teachers' Day, the Nurses' Day, the Journalists' Day and the Arbor Day.

Article 6

If all citizens' holidays fall on Saturdays and Sundays, they should make up their holidays on working days. If some citizens have a holiday on Saturday and Sunday, they will not be compensated.

Employers should actively pay such overtime fees. Workers who violate the law and refuse to pay can collect evidence of such cases and report them to the local labor inspection department. Safeguard their labor rights and interests, demand compensation for their legitimate losses, and pay related overtime expenses.