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There is a holiday during Qingming, but many people still have to stay at their jobs. Reporters learned from the Municipal Bureau of Human Resources and Social Security yesterday that any employer who arranges for employees to work overtime on April 4 (Tomb-Sweeping Day) must pay additional overtime wages equal to at least 300% of the employees’ daily or hourly wage ; On Sunday, the 5th, and Monday, the 6th, if an employer arranges for employees to work overtime, they may provide compensatory time off instead of paying overtime wages; if no compensatory time off is given, then overtime wages must be paid at a rate of not less than 200% of the employee’s daily or hourly wage. According to a notice from the General Office of the State Council, the holiday arrangements for this year’s Qingming Festival are as follows: the holiday will run from April 4th to 6th, for a total of 3 days. Among them, April 4 (Saturday, the day of the Qingming Festival according to the lunar calendar) is a statutory holiday, while April 5 (Sunday) remains a regular day off. The holiday on Saturday, April 4th, has been moved to Monday, April 6th. Overtime pay is calculated as follows: the daily wage is determined based on an average of 21.75 paid days per month, while the hourly wage is obtained by dividing the daily wage by 8 hours. The method for calculating overtime pay on each day during the Qingming Festival is as follows: Overtime pay for holidays (the 4th day, i.e., the day of Qingming) = Overtime pay base ÷ 21.75 × 300% ; Overtime pay on rest days (5th and 6th) = Calculation base for overtime pay ÷ 21.75 × 200%. For workers under a comprehensive working hour system, the time they actually work during the comprehensive working hour period that exceeds the statutory standard working hours shall be considered overtime, and the employer shall pay overtime wages at a rate of not less than 150% of the worker’s hourly wage. If an employer assigns a worker to work on a statutory holiday, they must pay additional overtime wages equal to at least 300% of the worker’s daily or hourly wage. For employees on flexible working hours, if the employer assigns them work on legal holidays, they must also be paid overtime wages equal to at least 300% of their daily or hourly wage.
We regular day-shift workers are on duty/overtime at 300% on April 4th; 4.5-4.6: Overtime/shift work at 200%. For shift workers: 300% for those on duty from 0:00 to 24:00 on April 4, and 150% for those not on duty ; Days 5-6 are paid as usual.
The day of Qingming is the same as other holidays (National Day, New Year’s Day, etc.).
How is the calculation base determined? Many companies take advantage of loopholes by using three times the daily basic salary; the basic salary itself is quite low. Generally, the number of days considered is the number of days in that month (30 or 31, with February having 28 days). Monthly income consists of the basic salary + position-based salary + additional amounts. . . . .
At least three times as much; anything less is illegal: lol