◆ Tips for Labor Law – Overtime Salary
Overtime salary shall be calculated on the basis of standardized salary per working day or hour, in which the daily salary shall be determined by a monthly salary divided by 21.75,and salary per hour shall be determined by a daily salary divided by 8.
The way to determine overtime salary shall be different in different days. If the overtime happened in ordinary working days, the overtime salary shall be 1.5 times of standardized salary; in weekend without taking deferred holidays, it shall be 2 times; in public holidays shall be 3 times. However, those employees enjoyed non-fixed working hours, which has been approved by the Department of Human Resources and Social Security, shall not be paid overtime salaries, except otherwise stipulated in other local regulations.
◆ 劳动法小常识——加班工资
加班工资基数为劳动者标准工作日或小时工资，日工资以月薪除以21.75 进行计算，小时工资以日工资除以8 进行计算。
根据加班日的不同，用人单位应当支付的工资倍数也不同：在标准工作日为1.5倍;在休息日又不能补休的`为2倍;在法定休假日为3倍。经劳动保障部门批准实行不定时工作制的，一般无须向劳动者支付加班工资，但各地有特殊政策的除外。
