**: China Labor and Social Security News (ID: laodongzhimei) part***China**Net.
All of them. The long-awaited holiday is finally here.
According to the notice of the *** office.
New Year's Day 2024.
30 December 2023 (Saturday).
Until Monday, January 1, 2024
The holiday lasts for 3 days
Holiday arrangements for the whole year of 2024. Welcome to collect.
If you need to work overtime during the New Year's holiday.
So, will you calculate overtime pay?
Tips
Among the 3 days of New Year's Day holiday, only January 1 is a legal holiday. Therefore, if you work overtime for all three days, the calculation of overtime pay will be different.
1.January 1, 2024 is a statutory holiday, and if an employer arranges an employee to work overtime, it shall pay overtime wages at a rate not less than 300 of the employee's daily or hourly wage, and shall not be replaced by compensatory leave.
2.On December 30 and 31, 2023, if the employer arranges overtime work for the employee, it shall first arrange for the employee to take compensatory leave, which shall not be less than the overtime time, and if the compensatory time off cannot be arranged, the overtime wage shall be paid at a rate not less than 200% of the daily or hourly overtime wage.
"WeChat office" during the holiday
Does it count as overtime?
In the modern workplace, the progress of Internet technology has broken the boundary between work and life, and workers are no longer limited to the office workstations and office equipment provided by the employer, but can use WeChat and other social networks to provide labor outside of working hours and workplaces.
Then during the holidays.
Workers work online.
Does it constitute overtime?
On the issue of whether online office during the holiday period constitutes overtime, it should be determined whether the employee has provided substantial work during the holiday.
If the content of the employee's online work is only simple feedback and recorded information, which is occasional and temporary, and does not affect life and rest, it should not be deemed to be overtime.
If the content of the employee's online work exceeds the scope of ordinary simple communication, the content of the substantive labor is paid, or the use of social work has the characteristics of periodicity and fixity, and obviously occupies the rest time, it shall be found to be overtime.
In judicial practice, the adjudication and adjudication agency will comprehensively consider the employee's position, salary, work requirements, overtime frequency, working hours, etc.
Editor: Doudou.
Proofreading: Cheng icon
Final Judgment: Big Fruit.