1. Can overtime pay be included in the post allowance?
Overtime wages are gen
1. Can overtime pay be included in the post allowance?
Overtime wages are generally not included in post subsidies. Employee subsidies include work allowance, high temperature allowance and post allowance. Employees who meet the standards for receiving relevant allowances may apply to the employer for receiving relevant allowances according to law. The specific situation should be based on the actual salary standard.
Overtime pay is calculated according to normal working hours. The bonus, allowance, subsidy and other items agreed between the employer and the employee do not belong to the wages of normal working hours and cannot be included in the calculation base of overtime wages.
Extending working hours means that the working hours of workers exceed the standard working hours stipulated by law, including overtime and overtime. Overtime refers to employees engaged in production or work on legal holidays and public holidays according to the requirements of the employer; Extra points mean that employees continue to engage in production or work outside the working hours specified in the standard working day according to the requirements of the employer. It depends on overtime hours.
① Allowances to compensate employees for special or extra labor consumption, such as underground allowance, field work allowance, high temperature allowance, island allowance, night shift allowance, middle shift allowance, post allowance for sanitation personnel, etc.
Health benefits, such as health and epidemic prevention benefits, medical and health benefits, scientific and technological health benefits, and special health benefits for employees of various social welfare institutions;
(three) technical subsidies, such as special-grade teachers' subsidies, scientific research subsidies, workers' subsidies, special education subsidies, etc.;
(4) Age allowance, such as seniority allowance and seniority allowance;
⑤ Other allowances, such as food allowance.
Second, how to calculate the labor remuneration for overtime expenses?
There are three different levels of regulations on the proportion of overtime pay:
(1) If the employing unit arranges the laborer to work overtime, it shall pay the laborer no less than 150% of the salary;
(2) If the employing unit arranges workers to work on rest days but cannot arrange compensatory time off, it shall pay the workers no less than 200% of their wages;
(3) If the employer arranges workers to work on statutory holidays, it shall pay the workers no less than 300% of their wages.
Overtime allowance is a welfare system set by employers for employees in enterprises. There is no mandatory requirement for overtime allowance by law. The employer can decide whether to establish and implement the overtime allowance system according to the business characteristics and enterprise needs. Overtime pay, on the other hand, is a legal obligation set by law for employers. If the laborer works outside working hours, the employer shall calculate and pay overtime pay according to the actual overtime hours.
It can be seen that overtime allowance is not the same as overtime pay, and the payment of overtime allowance by the employer does not necessarily exempt the statutory obligation to pay overtime pay. In some current legal practices, many employers set up overtime allowance to compensate overtime workers, which is the same as the legislative purpose of overtime stipulated by law. Based on the principle of fairness, overtime allowance can partially offset overtime pay, but after all, it cannot replace overtime pay. They belong to different legal norms.
Therefore, overtime pay should be based on the principle of "more refund and less compensation". When the actual overtime pay is higher than the overtime allowance, the employer shall pay it according to the actual overtime pay; When the actual overtime pay is lower than the overtime allowance standard, the employer can pay it according to the overtime allowance standard stipulated by the enterprise.
In the composition of the total wages of workers, including overtime pay, bonus allowance and basic salary, if the employer arranges overtime work for workers, it needs to pay overtime pay to workers in time. If the employee's work performance is good, or the legal subsidy is needed, then the employer also needs to pay bonuses and allowances.