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How to calculate the overtime pay of Suzhou Industrial Park Company?
Article 40 During the following festivals, the employing unit shall arrange employees' holidays according to law:
(1) New Year's Day; (2) Spring Festival; (3) International Labor Day; (4) National Day; (five) other holidays as prescribed by laws and regulations.
Article 44 Under any of the following circumstances, the employing unit shall pay wages higher than the wages of the workers during their normal working hours 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 for compensatory time off, they shall be paid a salary of not 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.
That is, the overtime pay at night is 150% of my salary, 200% on weekends and 300% on national holidays. But this is only the proportion stipulated by the state, and the key to the amount of overtime pay is the salary base.
The base of overtime pay for employees can be determined through consultation between the enterprise and the employees, otherwise, the enterprise shall determine it according to the wages due to the employees' normal labor. The salary base for an enterprise to calculate overtime pay shall first be determined according to the salary standard corresponding to the employee's post as agreed in the labor contract. If there is no agreement in the labor contract or collective contract, the employee representatives can negotiate with the employer through collective wage negotiation, and the result of the negotiation should be a collective wage agreement (if the employer is approved to implement the flexible working hours system, the above provisions will not be implemented). The daily wage is calculated by dividing the base by the average monthly working days of the system by 2 1.75 days (for convenience, some enterprises calculate it as 2 1 day per month).
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