Article 44 of the Labor Law stipulates that, in any of the following cases, the employer shall pay wage compensation higher than the wage of the worker's normal working hours in accordance with the following standards:
(1) if the worker is arranged to extend his/her working hours, a wage compensation of not less than 150% of the wage shall be paid;
(2) if the worker is arranged to work on a rest day and no compensatory time off can be arranged; and ) If a worker is assigned to work on a rest day and no compensatory time off can be arranged, remuneration of not less than two hundred percent of wages shall be paid;
(c) If a worker is assigned to work on a statutory vacation, remuneration of not less than three hundred percent of wages shall be paid.
Laborers who are owed overtime pay can file a complaint by calling 12333, which is the telephone number of the Human Resources and Social Security Bureau. Complaints can also be made at the Labor Bureau's inspection brigade.
Because the company fails to pay overtime pay on time, workers can apply for termination of the labor contract and labor relations, and ask for economic compensation. Workers can report to the local labor inspection administrative department, and the labor inspection brigade will order the employer to pay wages. If the labor inspection brigade fails to coordinate, workers can apply for labor arbitration. Refusal to implement the conclusion of labor arbitration, you can apply to the court for enforcement.
Article 85 of the Labor Contract Law: If the employer has one of the following circumstances, the labor administrative department shall order the employer to pay the labor remuneration, overtime pay or economic compensation within a certain period of time; if the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; if the employer fails to pay the compensation within a certain period of time, the employer shall order the employer to pay the laborer an additional compensation at the rate of 50% of the payable amount or more, and not less than 100% of the payable amount. Compensation:
(1) Failure to pay the workers' labor remuneration in full and on time in accordance with the agreement in the labor contract or the provisions of the State;
(2) Payment of wages to the workers at a rate lower than the local minimum wage standard;
(3) Arranging for overtime work without payment of overtime compensation;
(4) Termination or termination of the labor contract without payment of economic compensation to the workers in accordance with these regulations. economic compensation.