According to the State Council's holiday notice, 2022 National Day will be 7 consecutive days off, of which October 1st to 3rd is the statutory holiday
1. The calculation formula for overtime wages for holidays stipulated by law:
Overtime wages on rest days = monthly wage ÷21.75÷8×number of overtime hours × 2;
Legal Festival Overtime wages on holidays = monthly wage ÷ 21.75 ÷ 8 × number of overtime hours × 3;
2. Payment of overtime wages during the National Day holiday in 2022
1, October 1 to 3 (statutory holidays)
If an employer arranges workers to work overtime, overtime wage remuneration shall be paid at no less than 300% of the salary.
2, October 4th to 7th (holidays)
If an employer arranges workers to work overtime, compensatory leave should be arranged first. If compensatory leave cannot be arranged, overtime salary shall be paid at no less than 200% of the salary.
3. If the employer fails to arrange work for workers during statutory holidays, the original salary shall be handled according to the original salary calculation method.
3. Question: If an employer arranges workers to go to work on the statutory holiday, can he or she directly receive a rest without paying overtime?
Answer: No. According to regulations, if an employer arranges workers to work overtime on statutory holidays, he or she shall pay overtime pay and cannot be replaced by a rest. Specifically for this year's "National Day" holiday, from October 1 to 3 is a statutory holiday. If the unit arranges overtime, it cannot arrange for a resumption of holidays and can only pay an additional 300% of the salary. From October 4th to 7th, you can arrange a leave adjustment. If you cannot arrange a leave adjustment, an additional 200% salary will be paid.
4. Question: The unit said that employees who work during the National Day holiday are considered on duty. What is the difference between overtime and on-duty?
Answer:
Overtime means that workers continue to engage in their own jobs outside of their normal working hours.
on duty is different from overtime. It means that the worker does not engage in his or her job during duty. For example, some units are temporarily responsible for answering calls and guarding the door during holidays, and the relevant treatment on duty can be determined independently based on the specific situation of each employer.
Simply put, overtime is the continuation of your original work, and you basically don’t have to do your original work when you are on duty. However, some special positions such as security guards must clearly stipulate on duty and overtime to avoid disputes.
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