Typical case

At the beginning of this year Feburary, labor ensures censorial branch basis to inform against, rich to Shanghai Da beautiful the limited company that make the clothing was carried out censorial. Via checking, this unit is a joint ventures that is engaged in dress treatment, the unit employs labor field in fatigue extremely non-standard, coexistence ensures illegal behavior in 5 labor: 1, did not deal with a society to be sure to register formalities by the regulation; 2, did not press formulary pay the social insurance premium of many 90 this city worker; 3, did not press formulary pay many 130 ab extra the integrated insurance premium from personnel of course of study; 4, violate the working hours that lengthens many 200 laborer; 5, the overwork salary that did not pay many 200 worker by the regulation 150 thousand multivariate. According to unit introduction, what this unit executes is piecework system, after piece rate is firm, no matter be normal time,still work overtime what do do, unit of its reckon by the piece is not adjusted. The unit considers as more pay for more work, problem of it doesn't matter. Current, labor ensures censorial branch to had instructed this unit to undertake amendatory to violating act partly, still will do further processing to other illegal action at the same time.

The expert is commented on

According to the regulation, the unit arranges laborer to work overtime, ought to pay salary according to following standard: 1, arrange at ordinary times those who work overtime, according to not under laborer day or hour wage the standard of 150% pays salary; 2, playday arrangement works overtime to cannot be arranged again fill cease, according to not under laborer day or hour wage the standard of 200% pays salary; 3, arrangement of legal and off day works overtime, according to not under laborer day or hour wage the standard of 300% pays salary. Unit of choose and employ persons arranges the laborer that executes agreement by piece to work overtime, ought to adjust piece rate accordingly according to above principle. The practice of this company violated concerned regulation, accordingly this unit ought to reissue the overwork salary of these laborer.

Friendship reminds

"51 " just passed, still many people are opposite " 51 " during the problem of overwork salary undertakes advisory. According to the regulation, on May 1, 2 days, 3 days are legal holiday, 4 days, 5 days, 6 days, 7 days are playday. Laborer is arranged to work overtime during unit of choose and employ persons altogethers to arrive 3 days in 1 day, should according to not under him laborer of day or hour wage 300% pay overwork salary; During 4 days arrive 7 days, unit of choose and employ persons arranges laborer to work overtime, can fill to rest and do not pay overwork salary to laborer arrangement, if do not give,fill cease, criterion ought to according to not under him laborer of day or hour wage 200% pay overwork salary. When computational overwork salary, outside having an agreement except both sides, 70% what base of overwork salary computation is monthly wages; Daily wages is pressed average every months of working hours 20.92 days of convert, hour wage is divided again on the foundation of daily wages with 8 hours. Namely " 51 " the method of daily overwork salary calculation between long holiday is: The 20.92 × of computational base ÷ of overwork salary of = of holiday overwork pay 300% ; The 20.92 × of computational base ÷ of overwork salary of = of playday overwork salary 200% .
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