Is it reasonable for two classes to share overtime pay equally on legal holidays? Working in Hangzhou Yintai Department Store is a rotation system. Question 1:

I'm not an expert, and I'm willing to try. A brief analysis is as follows:

1.1The Mid-Autumn Festival counter opened on September 8, 4, and two shifts of staff came to display and clean it. My shift is from 5: 30 to 23: 00, and the shift is from 5: 30 to 12: 30. When calculating the statutory overtime pay, the number of employees in two shifts is the same. The director of the company said that the shopping mall should have a rest, and the statutory overtime pay will be paid in two shifts.

1. How should the employer pay overtime wages if it extends the working hours of the workers?

(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 rest days, they shall be paid no less than 300% of their wages.

2, overtime base to determine the problem:

The calculation base of overtime wages of workers is the wage standard corresponding to the position (post) of the workers as agreed in the labor contract. If the employer and the employee agree that bonuses, allowances, subsidies and other items do not belong to the overtime wage base, such agreements shall prevail; If there is no agreement in the labor contract, or the standard agreed by both parties is lower than the collective contract or the wage payment system of the unit, the collective contract or the wage payment system of the unit shall prevail; If the employer does not have a collective contract or a wage payment system, or neither of them is stipulated, it shall be determined according to the wages that the laborer should pay for normal work within the legal working hours, and the overtime wage base determined according to the above methods shall not be lower than the local minimum wage standard.

June 65438+1 October1rest, requiring me to work overtime for 7 hours, which means I can only pay 10 yuan per hour.

? Is the daily wage and hourly wage 10 yuan/hour appropriate?

According to the Notice of the former Ministry of Labor and Social Security on the Monthly Average Working Hours and Wage Conversion of Employees (No.3 issued by the Ministry of Labor and Social Security [2008]), the monthly average paid days of employees are 2 1.75 days. Therefore, the daily wage and hourly wage of employees are converted as follows:

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

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

Third, when calculating the daily wage, the supervisor said that the company always divides by 30, which is equivalent to division without rest days. As far as I know, the worst unit is divided by 26 and the standard point is divided by 2 1.75.

Standard answer: 2 1.75

Fourth, the company did not sign a labor contract in February, and now I resign. The company said that social security would not be paid.

1. If the contract is not signed, you can claim twice the salary. Legal basis: Article 82 of the Labor Contract Law.

2. Does the company say that social security is not paid? -The employing unit shall go through the social security formalities within one month from the date of employment. Legal basis: social insurance law, labor law, etc. If not, you can claim for compensation.

What if you quit your job now?

Now that you have decided to resign, you must make the violator pay the price. Exercise:

(1) Write resignation report:

Notice of termination of labor relations

* * * * Co., Ltd.

I joined the company's _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Because your company failed to sign a written labor contract with me in accordance with the requirements of labor security laws and regulations, failed to pay social insurance, and failed to pay me overtime wages in full and on time. ? According to relevant laws and regulations, workers are given the right to resign. This is a formal notice to your company. Please receive this notice on. What time? This is to inform you that the labor relationship between us was dissolved on, and I have completed the resignation procedures, and fulfilled my obligations such as paying social security, not signing a labor contract, not paying the difference between overtime pay and double pay, and economic compensation.

I am here to convey

Notifier:

_ _ _ _ _ _ _ _ _ _ _ _ _

(2) Apply for labor arbitration: claim.

1)2 times salary; ? 2) social security; 3) overtime pay; 4) 2 times the wage difference; 5) Economic compensation.