I do piecework in a printing factory. I go to work on Sunday. The boss said that you can't get overtime pay if you are paid by piece. Is that so?

It is illegal for the employer to pay a worker several pieces of overtime pay, and the salary of several pieces cannot be lower than the hourly wage. If the employer fails 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. Go to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (former Labor Bureau) to apply for labor arbitration. 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 Beijing).

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.

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.

1. Article 44 of the Labor Law is under any of the following circumstances, the employer shall pay the wages higher than the normal working hours of the workers according to the following standards:

(1) 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 to take compensatory time off, they shall be paid no 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.

Notice on the average working hours and salary conversion of employees throughout the year

Second, the conversion of daily wages and hourly wages.

According to Article 51 of the Labor Law, the employer shall pay wages according to law for statutory holidays, that is, 1 1 statutory holidays stipulated by the state are not excluded when converting daily wages and hourly wages. Accordingly, the conversion of daily wage and hourly wage is:

Daily wage: monthly wage income ÷ paid days per month.

Hourly wage: monthly wage income ÷ (paid days per month ×8 hours).

Paid days per month = (365 days-104 days) ÷ 65438+February = 2 1.75 days.