On The Problem Of Overtime Pay And Daily Wage Failure In Statutory Holidays

In fact, the notice stipulates the statutory holidays as the relevant provisions of the pay day. It is the implementation and implementation of the fifty-first labor law, "the workers should pay wages according to law" during the period of statutory holidays and weddings and funerals, as well as the participation in social activities according to law.

Wang is a worker in a packaging company. In from October 1 to 3, 2013, the company arranged overtime work, and the company paid overtime wages to them. The specific payment standard was two times of its daily wages. Wang believes that the issuance standard violates the relevant provisions of the labor law, requiring the company to double overtime wages. The company refused Wang's request, and Wang went to a labor arbitration commission for arbitration. The arbitral award is paid by the national statutory holiday, and the laborer has already doubled the wage. Therefore, the employer only needs to pay two times the salary again to reject Wang's request. Wang refused to accept the appeal to the court and asked the company to redouble the overtime pay for the company according to the standard of three times the daily wage of the holiday.

For employers who work overtime on statutory holidays, employers should pay three times the daily wages as overtime wages. However, according to the regulations issued by the Ministry of labor and social security in January 3, 2008 on the monthly average working hours and wages conversion of workers (hereinafter referred to as "notice"), the employing units should pay wages according to law according to the statutory holidays, that is, the 11 day statutory holidays of the State shall not be excluded from the conversion of daily wages and hours of work. Accordingly, the monthly salary days = (365 days -104 days), December =21.75 days, it is clear that the actual holidays are tied to paid holidays. After that, it is controversial whether it should pay two or three times overtime for employers to arrange overtime work for employers.

The first view is that Worker Although the overtime work on statutory holidays should enjoy three times the wage, the fifty-first articles of labor law and the relevant documents of the Ministry of labor and social security have made clear that the national statutory holidays are paid on a daily basis, and they have doubled their wages. After the two products overlap (that is, the balance editor notes), the employers only need to pay two times more wages as overtime wages.

The second view is that statutory holidays belong to the day of payroll, and workers enjoy double wages and workers. legal holidays Overtime should enjoy three times overtime pay, and it can not be repeated. The employer should still pay three times the wages of laborers.

First of all, the overtime pay of statutory holidays is different from that of daily wages and should not be carried out. Superposition 。 The forty-fourth provision of the labor law stipulates that "statutory holidays should be arranged for workers to work and pay three hundred percent of the wages paid not less than wages." It can be seen that three times wage is the extra reward paid by laborers through extra labor. According to the fifty-first provision of the labor law, workers who work on statutory holidays should also enjoy double daily wages. The source of the remuneration is not based on extra labour, but on legal provisions. Therefore, the two sources are different and can not be superimposed.

Secondly, it is not consistent with the original intention of the legislative holiday that overtime wages and daily wages are overlapped. The forty-fourth article of the labor law stipulates that there is a staircase increase in the standard of overtime pay, that is, to extend the working hours and to pay one hundred and fifty percent of the wages of wages, and that the workers who work on the rest day can not arrange the rest of the work, pay two hundred percent of the wages which are not less than the wages, and arrange for the workers to work on statutory holidays to pay three hundred percent of the wages. It can be seen that the calculation standard of overtime pay for working days, rest days and statutory holidays is increasing progressively. Then suppose that overtime pay should be overlapped with daily wages, while resting Japan is not a pay day. If the overtime pay does not have objects, it will receive two times the wages, while the statutory holidays, overtime wages, wages and wages are also two times. Then, whether workers are working overtime on holidays or on statutory holidays, the extra pay is actually the same, which is two times the wage.

Therefore, it will severely hurt the enthusiasm of the workers, and is not conducive to maintaining a good employment environment and labor order.