How can employees calculate overtime pay without overtime pay?

Overtime pay refers to the labor remuneration obtained by workers who continue to produce or work outside the prescribed working hours according to the needs of the employer's production work. The following small series answers how to calculate overtime pay for you?

Zhang is a vehicle administrator in a residential area and often works overtime. The property company does not give overtime pay. After Zhang failed to negotiate with the company, he sued the company for paying overtime wages of more than 8,000 yuan. The Shijingshan District People's Court of Beijing concluded the case according to law, and both parties reached a mediation agreement. A property management limited liability company in Beijing agreed to pay Zhang overtime pay from April 2008 to March 2009 3 189. 14 yuan.

Zhang claimed that on June 5438+ 10, 2008, he signed a labor contract with a labor service limited liability company in Beijing and was sent to a property management limited liability company in Beijing to engage in vehicle management. The labor contract is valid until February 3, 20091day. Since the plaintiff worked in the above place, she has been working from 8: 00 am to 8: 00 pm or from 8: 00 pm to 8: 00 am the next day, working for 12 hour and taking a rest for 24 hours. Work 60 hours a week, work overtime for 20 hours, and have no rest on national holidays. Zhang's working hours have exceeded the working hours stipulated by national laws, and he shall pay the applicant overtime labor remuneration according to law. The plaintiff applied for labor arbitration on July 7, 2009, and received the arbitration award on September 4, 2009.

The court ruled that:

Now I refuse to accept this judgment, so I appeal to the court. Claim: 1. Second, the defendant paid the plaintiff overtime pay for working days from 2008 1 to 2008 65438+2 60 16.8 yuan and statutory holidays12/4.4 yuan; 2. From June 2009 to June 2009, the overtime pay for legal holidays was 772.8 yuan.

After mediation by the court, a food processing and distribution company in Beijing and Yuan voluntarily reached the above mediation agreement.

How to calculate overtime pay for free legal advice

1. If the employing unit arranges the laborer to work overtime on holidays, it shall pay overtime pay not less than 300% of the laborer's daily or hourly wage; If the employing unit arranges the laborers to work overtime on rest days, it can arrange compensatory time off for the laborers without paying overtime wages. If no compensatory time off is given, overtime pay not less than 200% of the daily or hourly wages of the workers shall be paid.

2. The base for calculating overtime pay is not necessarily the total wages of workers. When determining the calculation base of overtime pay, if there is an agreement on salary in the labor contract, it shall be determined according to the salary standard of the employee's post not lower than that stipulated in the labor contract. If there is no agreement in the labor contract, it can be made clear in the collective contract through collective consultation between the employer and the employee representatives. If there is no agreement between the employer and the employee, it shall be determined according to 70% of the employee's monthly salary for normal attendance. It should be noted that if the calculation base of overtime pay determined by the above method is lower than the minimum wage standard, it shall be calculated according to the minimum wage standard.

3. When calculating overtime pay, the daily wage is converted according to the average monthly working time of 20.92 days, and the hourly wage is divided by 8 hours on the basis of the daily wage. That is, the calculation method of daily overtime pay for May Day holiday is:

Holiday overtime pay = calculation base of overtime pay ÷20.92×300%

Overtime pay on rest days = calculation base of overtime pay ÷20.92×200%

Note that there are 1 1 day legal holidays. The average daily wage is 20.83 days per month.

Holiday overtime pay = calculation base of overtime pay ÷20.83×300%

Overtime pay on rest days = calculation base of overtime pay ÷20.83×200%

4. According to the "National Holidays and Remembrance Days" issued by the State Council 1999, the legal holidays for all citizens are New Year's Day 1 day, Spring Festival, Labor Day and National Day, namely 10 days, and the rest days are generally Saturday and Sunday, which are usually called weekends. Because of the different nature of statutory holidays and rest days, overtime pay is also different, and overtime pay on holidays is higher than that on rest days.

According to the provisions of Articles 36, 41 and 44 of the Labor Law, workers work no more than eight hours a day and no more than forty-four hours a week on average; Due to production needs, the employer may extend the working hours after consultation with the trade unions and laborers, generally not exceeding one hour per day; If it is necessary to extend working hours due to special circumstances, the extended working hours shall not exceed three hours per day under the condition of ensuring the health of workers; But not more than 36 hours per month;

A. If workers are arranged to work longer hours, they shall be paid no less than150% of their wages;

B. If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid no less than 200% of their wages;

If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.

At present, the average monthly working days and working hours stipulated by the state are 20.83 days and 166.64 hours respectively, and the daily wages and hourly wages of employees should be converted accordingly. Based on an employee's monthly salary of 750 yuan, the daily salary is about 35.85 yuan, and the hourly salary is about 4.48 yuan. If employees work overtime for one day on New Year's Day, the calculation formula of overtime pay is: 4.48 yuan× 300 %× 8 hours = 107.52 yuan; If 65438+ works overtime on1October 2nd and 3rd, the employee's overtime pay formula is: 4.48×200%× 16 hours = 143.36 yuan. If the employee works overtime and the employer fails to pay wages in accordance with the relevant regulations, the employee may complain and report to the labor security supervision institutions at all levels.