Do leaders of state-owned enterprises have the right to deduct employees' overtime pay on holidays without permission? Can I deduct overtime pay from overtime workers to those who don't work overtime?

The employing unit cannot deduct the overtime wages of workers without reason. If the employer deducts overtime pay without reason, the employee may apply for labor arbitration and ask the employer to pay overtime pay.

How to apply for labor arbitration;

1. Go to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (former Labor Bureau) to apply for labor arbitration. When filing a case, you must bring: 2 arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Business registration information of the employer (registration information is not required in Beijing).

2. After submitting the materials, the Arbitration Commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then hold a trial, and then mediate between you. If mediation fails, it shall be decided by the Arbitration Commission. Labor arbitration shall be closed within 60 days; If the employee refuses to accept the ruling, he can bring a lawsuit to the court;

3. During the application for labor arbitration, employees shall not delay to work in the new unit.

Applying for labor arbitration can recover the overtime pay two years ago, but the laborer needs to bear all the burden of proof.

Calculation method of overtime pay on working days: monthly salary ÷2 1.75÷8× overtime hours × 1.5 times;

Weekend overtime calculation method: monthly salary ÷2 1.75÷8× overtime hours ×2 times;

Calculation method of overtime pay on legal holidays: monthly salary ÷2 1.75÷8× overtime hours ×3 times.

Evidence to prove overtime mainly includes: attendance sheet, attendance card, overtime approval form, overtime notice, surveillance video, witness testimony, written records of work done during overtime, e-mail, etc.

Article 44 of the "Labor Law" is under any of the following circumstances, the employing unit shall pay the wages higher than the wages of the workers' normal working hours according to the following standards:

If the laborer is arranged to work longer hours, he shall be paid no less than 150% of the salary;

(2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 200% of their wages;

(3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.