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This article is about 1600 words, and it takes 11 minutes to read. The most important factor in influencing overtime pay is the calculation base. At present, there is a lot of controversy overtime pay calculation base. There is no clear provision at the national level law, and it is generally stipulated by local regulations.
(Click on the "+Follow" [Heyi Human Resources] headline account, which has workplace strategies, management strategies, practical information, detailed explanation)
This article is about 1600 words, and it takes 11 minutes to read. The most important factor in influencing overtime pay is the calculation base. At present, there is a lot of controversy overtime pay calculation base. There is no clear provision at the national level law, and it is generally stipulated by local regulations.
serial number | area | registry | registry | registry | registry | ||
1 | National level | Labor law | Article 44 | Salary | html l12|||
Description of several conditions of the Labor Law | Article 44 | Monthly basic wage | |||||
Opinions on Several Issues in Implementing the Labor Law | Article 61 | Monthly salary standard | |||||
2 | Salary payment interim regulations | Article 13 | |||||
Supplementary provisions | Article 1 and 2 | corresponding salary standards and monthly salary standards | |||||
3 | Minutes of the National Civil Trial Work Conference (Faban [2011] 442) | Article 57 | Both parties agree independently Monthly salary/actual income*70% | ||||
4 | Beijing | Beijing Higher People's Court , Beijing Labor and Personnel Dispute Arbitration Committee Answers on the application of legal issues in trial labor dispute cases | Chapter 22 | Actually pay wages (wages, bonuses, allowances, etc.) | |||
5 | Shanghai | Shanghai Enterprise Salary Payment Method htt ml11 | Article 9 | Job corresponding salary/normal attendance monthly salary*70% | |||
6 | Tianjin | Tianjin | About the implementation of " Labor Contract Law " Several Issues Provisions | Article 8 | Workers deserve wages | ||
7 | Chongqing | Chongqing | Chongqing High Court Civil Court "Summary of the Seminar on the Application of Legal Application in Labor Disputes Cases in Jiulongpo District Court" (July 30, 2014) | Article 12 | Autonomous Agreement + higher than Normal working hours Salary | ||
Hebei Province | Hebei Province wage payment regulations | Article 13 | Real salary | ||||
9 | Liaoning Province | Liaoning Province wage payment regulations | Article 22 | Salary wage/deserve wage | |||
10 | Jilin Province | Jilin Higher People's Court Answers on the application of legal application in trial labor dispute cases (II) | Article 9 | Owner's salary/real salary (corresponding time) | |||
11 | Jiangsu Province | Jiangsu Province wage payment regulations | Article 64 | autonomous agreement/previous Average salary of 12 months | |||
12 | Zhejiang Province | Zhejiang Province Labor Dispute Arbitration Committee "Guiding Opinions on Several Issues Concerning the Handling of Labor Dispute Cases (Trial)" | Chapter 38 | 0 corresponding salary/actual salary*70% | |||
13 | 13 | Anhui Province | Anhui Province Higher People's Court "About the Trial of Labor Disputes Guiding Opinions on Several Issues in the Case》 | Article 10 | Income under normal labor situations | ||
14 | Fujian Province | Fujian Province | Fujian Province Wage Payment Regulations | Article 16 | Personal wage | ||
15 | Jiangxi Province | Jiangxi Province Wage Payment Regulations | Article 3 and 18 | Salary (labor remuneration range) | |||
16 | Shandong Province | Shandong Province Enterprise wage payment regulations | Article 25 | Last month's normal labor income actual wage | |||
17 | 17 | Zhengzhou City, Henan | Zhengzhou Labor Employment Regulations | Article 32 | Both parties agreed standards/Average wages for the first 12 months/Average wages for on-the-job workers in local urban units in the previous year | ||
18 | Hubei Province | Hubei Province Higher People's Court Civil Trial Work Symposium Minutes | Article 25 | Autonomous Agreement First 12 Monthly average salary | |||
19 | Hunan Province | Hunan Province wage payment supervision and management measures | Article 15 | Labor cooperation The same provisions on the salary of my own | |||
20 | Guangdong Province | Guiding opinions on the application of Labor Dispute Mediation and Arbitration Law and Labor Contract Law | Article 28 | Self-agreement | |||
21 | Sichuan | Answers to several difficult issues in the trial of labor dispute cases | Article 35 | Autonomous Agreement | |||
22 | Guiyang City, Guizhou Province | Guiyang City, Guizhou Province | Guiyang City Enterprise Payment Method | Chapter 1 8 | autonomous agreement/Average salary for the first 12 months*80% | ||
23 | 23 | Shaanxi Province | Shaanxi Province Enterprise Salary Payment Regulations | Article 14 | Personal wage | ||
24 | Inner Mongolia | Inner Mongolia Autonomous Region Workers' Wage Guarantee Regulations | Article 15 | Personal salary | |||
25 | Guangxi | Guangxi | Guangxi Zhuang Autonomous Region wage payment provisions | Article 15 | My own salary/Wage should be paid last month | ||
26 | Xinjiang | Xinjiang | Xinjiang | Notice on issues related to overtime salary payment | Article 3 | autonomous agreement |
Through the above review, we found that the calculation base of overtime pay in various places is also inconsistent, mainly divided into the following five types:
▲ Figure / Thought Catalog
1. Both parties have made an independent agreement that both parties are allowed to independently agree on the calculation base for overtime pay. The agreed base may not include bonuses, allowances, subsidies, etc., but shall not be lower than the local minimum wage standard.
2. The actual wage is paid, and the actual wage earned by the worker is used as the calculation base for overtime pay.
3. Wages should be paid (normal working hours wages), that is, wages should be paid by the worker's income, and wages before deducting social insurance, personal income tax and other related expenses are used as the calculation base for overtime pay. At the same time, the wages should be paid by the worker's income under normal working hours.
There is another special situation in this case, where 70% of the wages paid by the worker is used as the calculation base for overtime pay.
4. The average salary for the first 12 months is based on the average salary provided by the workers for normal labor in the 12 months before overtime work as the calculation base for overtime pay. If the work has not reached 12 months, the calculation will be based on the actual working time.
In addition, in this case, 80% of the average salary of the previous 12 months is used as the calculation base for overtime pay.
5. The average salary of on-duty employees in the local urban unit in the previous year is based on the average salary of on-duty employees in the local urban unit in the previous year as the calculation base for overtime pay.
At present, the more mainstream view is to allow employers to independently agree on the calculation base for overtime pay. According to the "Update and Application of the New Judicial Interpretation of the Supreme People's Court of New Labor Disputes (I)" compiled by the First Civil Trial Division of the Supreme People's Court ( People's Court Press , July 1, 2021), generally speaking, employers and workers are allowed to make agreements on the calculation base for overtime pay. In principle, the agreed standards should be the fixed monthly salary income of employees. In enterprises that implement the structured salary system, basic salary and job salary should be included. For bonuses, allowances, subsidies and other benefits, it can be agreed not to be included in the overtime pay calculation base.
Everyone has good ideas, welcome to leave me a message in the comment area
Author/Editor: Heyeehrm
Related content recommendation: How to identify waste in lean production?
2. The actual wage is paid, and the actual wage earned by the worker is used as the calculation base for overtime pay.
3. Wages should be paid (normal working hours wages), that is, wages should be paid by the worker's income, and wages before deducting social insurance, personal income tax and other related expenses are used as the calculation base for overtime pay. At the same time, the wages should be paid by the worker's income under normal working hours.
There is another special situation in this case, where 70% of the wages paid by the worker is used as the calculation base for overtime pay.
4. The average salary for the first 12 months is based on the average salary provided by the workers for normal labor in the 12 months before overtime work as the calculation base for overtime pay. If the work has not reached 12 months, the calculation will be based on the actual working time.
In addition, in this case, 80% of the average salary of the previous 12 months is used as the calculation base for overtime pay.
5. The average salary of on-duty employees in the local urban unit in the previous year is based on the average salary of on-duty employees in the local urban unit in the previous year as the calculation base for overtime pay.
At present, the more mainstream view is to allow employers to independently agree on the calculation base for overtime pay. According to the "Update and Application of the New Judicial Interpretation of the Supreme People's Court of New Labor Disputes (I)" compiled by the First Civil Trial Division of the Supreme People's Court ( People's Court Press , July 1, 2021), generally speaking, employers and workers are allowed to make agreements on the calculation base for overtime pay. In principle, the agreed standards should be the fixed monthly salary income of employees. In enterprises that implement the structured salary system, basic salary and job salary should be included. For bonuses, allowances, subsidies and other benefits, it can be agreed not to be included in the overtime pay calculation base.
Everyone has good ideas, welcome to leave me a message in the comment area
Author/Editor: Heyeehrm
Related content recommendation: How to identify waste in lean production?
