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Anonymous users2024-01-24Unreasonable, the behavior of the unit violates the labor law.
You can ask the employer to pay you overtime pay, and the calculation of overtime pay first depends on whether you have a standard working hour system or a comprehensive working hour system agreed in your labor contract, and then calculate the daily wage according to the amount of your salary, and then calculate the overtime pay according to Article 44 of the Labor Law. If your employer does not agree to your overtime pay, you can file a complaint with the labor inspection or file a labor arbitration directly.
Of course, the boss's behavior violates the provisions of the labor law, and you, as a waiter in the restaurant, also have the right to evaluate the quality of the restaurant's food and service, and it is recommended that you apply directly to the local labor inspection department for arbitration
Secondly, the national law clearly stipulates that statutory holidays can not be off, in other words, those who work on statutory holidays must pay no less than 300% of overtime pay, and in reality, in the catering industry, many girls are very young, simple-minded, dare not cause trouble, and know that their legitimate labor rights and interests are violated under the premise that they generally adopt tolerance and compromise and accept silently. In the case of unbearable circumstances, the biggest decision is nothing more than resignation and leaving, and the country's policy is also very simple, that is, the people do not sue, the officials do not prosecute, besides, the labor inspection department said a little ugly, enterprises and factories can not be supervised, where can there be time and energy to supervise the catering industry, so, the answer to you is that those who work on holidays must pay no less than 300% of the salary, and those who work on public holidays and cannot be adjusted within a wage payment cycle must pay no less than 200% The overtime wage, more than 8 hours of work on a normal working day, pay not less than 150% of the overtime wage, the same is true for comprehensive time, the total working time per month does not exceed 174 hours, the salary is calculated according to normal attendance, exceeding, calculated according to 150% of the salary, secondly, the comprehensive time is subject to the review and approval of the local labor department, therefore, the wage calculation method, especially the calculation method of overtime pay, is not dare to mess around.
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