Do You Have Overtime Pay On Weekends?

Mr. Wang wrote to me, "I am a technician in an enterprise, and I am often away from business.

I spent the whole month on business outside last month, but I could not come back on weekends.

At the end of last month, the labor contract I signed with the employer terminated and terminated. I made a request to the unit to pay overtime fees for the rest days of the month, but was rejected by the unit and told me that there was no overtime pay on the two-day weekend of the business trip, which was included in the travel allowance.

I think the explanation of the unit is wrong, and I want to apply for labor arbitration. So I would like to ask you whether I can ask the unit to pay overtime for the weekend.

Expert answer: overtime refers to the agreement reached between employers and employees, requiring workers to work on statutory holidays or public holidays.

Therefore, the problem is whether the employer should pay overtime on the weekends.

Since your letter does not make it clear, you have to tell all the circumstances so that you can negotiate with your unit according to your actual situation.

If the working day is not a normal working day, according to the forty-fourth provision of the labor law, "one of the following circumstances shall be paid by the employing unit according to the following standards: the wages paid by the employer in the normal working hours."

(two) on the day of rest, workers can not be arranged to make up for rest and pay two hundred percent of the wages paid. "

That is to say, after working overtime on both weekends, the employer can arrange the rest of the rest, give the same time to make up for the rest, do not send overtime pay, and do not make up for the rest, the employer should pay overtime wages according to the standard of the labor law.

Therefore, during your business trip, if you work normally on weekends, the unit refuses to give you overtime pay without giving up the rest, which is in violation of the labor law. Its essence is to deduct wages.

Two, if the workers do not provide labor on the public holiday, that is to say, the workers do not work but rest at that time. They are only resting on business rather than in their place of residence. Under such circumstances, the workers do not work overtime, and employers do not need to pay overtime wages.