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As the Labor Standards Act continues to be updated in 2025, one of the most common problems faced by office workers is the protection of rights and interests of "overtime work on rest days" and related misunderstandings. According to statistics, more than 60% of workers have experience working overtime on their days off, but many have wasted their time and energy due to incorrect calculations of overtime pay or lack of clarity about their own rights. This newspaper specially compiles the core knowledge about overtime work on weekends and sorts out 3 common misunderstandings to help you grasp your rights and interests and protect your wallet and health in 2025.
So-calledOvertime on rest days, means that your employer requires you to work on the day you are supposed to have a holiday (such as working six days a week and having one day off). According to Articles 36, 24, and 39 of the Labor Standards Act, there are clear regulations on overtime pay for working on rest days, and it is not allowed toReplacement leave"Directly replace cash overtime pay.
The calculation of overtime pay has different multiples according to the overtime hours. The following is the latest standard for 2025:
Overtime hours | Overtime pay multiple | Calculation method |
---|---|---|
1-2 hours | 1.34 times | Hourly wage × 1.34 × overtime hours |
3-8 hours | 1.67 times | Hourly wage × 1.67 × overtime hours |
9-12 hours | 2.67 times | Hourly wage × 2.67 × overtime hours |
Reminder: The calculation should be based on the "total salary" rather than the basic salary, and it should be accurate to the minute!
Analysis:
Many companies usually convert overtime work directly into compensatory leave, but according to the Labor Standards ActOvertime pay is paid in cash as a rule, overtime pay can only be replaced when employees "voluntarily" choose to take compensatory leave. If a company forces workers to take compensatory time off instead, it is illegal and workers can claim the cash overtime pay they deserve.
Analysis:
Some employers only use the base salary for calculation, which seriously damages the rights and interests of employees. According to the regulations,The realTotal wages"As a basis, that is, wages including allowances, bonuses, surcharges, etc. that involve labor consideration. The undercalculated amount is illegal and the employer may be punished.
project | Should overtime be included in the calculation of overtime pay? |
---|---|
Basic salary | yes |
Position allowance | yes |
Perfect Attendance Bonus | yes |
Night shift allowance | yes |
Three-quarter bonus | no |
Year-end bonus | no |
Analysis:
According to the latest labor laws, overtime pay should be calculated based on actual "minutes". Even if you only work overtime for 15 or 20 minutes, it must be converted into hours for calculation. You cannot demand payment only for a full hour.
According to regulations, even if you work overtime on a rest day,The total of "normal working hours plus overtime hours" per week shall not exceed 48 hours, the total working hours per day shall not exceed 12 hours. Overtime companies are breaking the law.
If you encounter any illegal situation, you can call the 1955 labor hotline or file a complaint with the local labor bureau.First-time employer fines range from $20,000 to $1 million, and can request the reissue of due fees.
Special industries such as education, medical care, and liability systems should still be handled in accordance with the special provisions of the Labor Standards Act.Accountability does not mean that overtime pay can be completely deprived. It is recommended that workers can still take the initiative to fight for their rights when they encounter abnormal situations.
Regardless of whether you are a full-time, part-time or hourly worker, you are all protected by overtime pay under the Labor Standards Act.The company must not refuse to pay overtime on the grounds of "temporary worker" or "probation period".
Starting from 2025,Labor bureaus around the country advocate strengthening the "correct wage calculation method", requiring employers not to discard overtime pay amounts less than one dollar and to pay the full amount. Working hours are calculated based on 230 hours per month, and overtime pay will be based on the above multiples.
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Understanding and making good use of your overtime rights and interests, and having the courage to demand due compensation, is a must-have for every office worker in the workplace in 2025. When it comes to working overtime on weekends, you must not only know how to calculate, but also avoid common misunderstandings - this will save you precious time and energy, and strike a balance between work and life!
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