How to calculate triple salary on New Year's Day
Only one day of overtime on New Year's Day is three times the pay.
During the New Year's Day holiday, if the employer arranges work, the employer shall pay the employee wages at a rate not lower than 300% of the employee's daily or hourly wage as stipulated in the labor contract.
If the other time is a rest day or compensatory leave, the employee shall be compensated for the rest at the same time, and if the compensatory time is not possible, the employee shall be paid 200% of the employee's daily or hourly wage as stipulated in the labor contract.
Is the 2024 New Year's Day high-speed free.
The 2024 New Year's Day holiday highway is not free. The time range of free passage is the Spring Festival, Qingming Festival, Labor Day, National Day and other four national statutory holidays, as well as the above-mentioned statutory holidays and holidays determined by the documents of the General Office of the current year. The free period starts at 00:00 on the first day of the holiday and ends at 24:00 on the last day of the holiday (the time when the vehicle passes through the toll lane at the toll station is the standard for ordinary highways, and the time when the vehicle leaves the exit toll lane for highways).
Is it legal to take overtime without overtime pay?
If it is overtime work on a rest day, overtime pay may not be paid when arranging compensatory leave.
The Labor Law stipulates that if an employee is assigned to work on a rest day and cannot arrange a compensatory holiday, he shall be paid a wage remuneration of not less than 200% of the wage. It can be seen that after working overtime on a rest day, the enterprise can first arrange compensatory leave, and only pay overtime pay of not less than 200% of the salary when it is unable to arrange compensatory leave. In other words, after working overtime on weekends, it is up to the enterprise to decide whether to arrange compensatory time off or pay overtime pay, and employees have no choice.
What should I do if the company refuses to pay overtime wages?
The employer does not pay overtime wages, and the workers should flexibly choose the way to recover the overtime wages.
1. Negotiation. Generally speaking, if the employer is unwilling to pay, the negotiation cannot achieve results.
2. Mediation. The departments with the right to mediate include the labor dispute arbitration commission of the unit, the people's mediation organization, and the industrial and regional mediation organizations. Although last year's judicial interpretation stipulates that mediation agreements also have legal effect, just like negotiations, mediation cannot be effective if the employer is unwilling to pay.
3. Complaints. Report to the labor inspection department where the employer is located, and the labor inspection department will handle it. On the basis of investigating the relevant facts, the labor inspection department may order the employer to pay wages. The time limit for the labor inspection department to investigate and deal with cases is generally not more than 60 days, and it may be extended by 30 days in special circumstances.