The company operates a contracting system and overtime wages on statutory holidays are very low. Is this legal?

Hello, if the labor contract is signed according to the legal working hour system, overtime wages need to be paid for overtime work.

If the employer arranges for workers to work overtime on holidays, the employer shall pay overtime wages at a rate of no less than RMB 300 of the worker's daily or hourly wages; if the employer arranges for workers to work overtime on holidays, the employer may arrange for the workers to work overtime. Overtime wages are not paid for compensatory leave. If no compensatory leave is given, overtime wages shall be paid at a rate of no less than 200 RMB per day or hourly wage of the worker.

If the labor contract is signed according to the special working time system, there are two situations: the irregular working time system and the comprehensive calculated working time system, and the calculation of overtime pay is also different.

Variable working hours:

Enterprises can implement irregular working hours for employees who meet one of the following conditions. Shantou Recruitment Network

(1) Senior managers, field staff, sales staff, some on-duty personnel and other employees whose work cannot be measured according to standard working hours; Shantou Recruitment Network

(2) Long-distance transport personnel, taxi drivers and some loaders and unloaders of railways, ports and warehouses in enterprises, as well as employees who need to work on mobile devices due to the special nature of their work; Shantou Recruitment Network

(3) Other employees who are suitable for irregular working hours due to production characteristics, special work needs or scope of responsibilities.

Calculation of overtime pay:

(1) If an employee is arranged to extend working hours beyond the legal standard working hours of the day, wages shall be paid at a rate of no less than RMB 150 of the employee’s hourly wage. ; Shantou Recruitment Network

(2) If workers are arranged to work on rest days, but compensatory leave cannot be arranged, wages shall be paid at a rate of not less than 200 per day or hourly wages of the workers themselves; Shantou Recruitment Network

(3) If workers are arranged to work on statutory holidays, wages shall be paid at a rate of no less than RMB 300 per day or hourly wages of the worker;

Comprehensive working hour system:

That is, due to the employer’s production or work characteristics, some employees of enterprises need to work continuously or are subject to seasonal and natural conditions. Their working hours should not be calculated in days, but must be calculated in weeks, months, quarters, years, etc. A form of working hours that calculates the length of work time (in hours) based on the period. It adopts appropriate working and resting methods such as concentrated work, concentrated rest, rotation and rest, and flexible working time. However, its average daily working hours and average weekly working hours should be basically the same as the legal standard working hours.

Calculation of overtime pay:

Under this work system, workers have no fixed time limit for commuting to and from work each working day. The extended working hours of workers who have been approved to implement the irregular work system are not subject to the restrictions on the daily extended working time standard and the monthly extended working time standard stipulated in Article 41 of the Labor Law. Workers who implement the irregular working hours system generally do not work overtime at other times except for statutory holidays. If you work on statutory holidays, you must follow local regulations. If local regulations require the payment of overtime wages, the wage remuneration shall be no less than 300% of the salary.