[Direct answer]In the Beijing area, on the Dragon Boat Festival and the Mid-Autumn Festival (legal holidays), overtime work is paid at triple the normal rate and cannot be offset by compensatory leave; the combined days of compensatory leave (such as the remaining days of a "short holiday" connected to the weekend) are considered rest days with compensatory leave, and overtime is paid at double the normal rate or arranged as compensatory leave—triple the normal rate is only paid on legal holidays: one day for the Dragon Boat Festival, one day for the Mid-Autumn Festival, three days for National Day (October 1 to 3), and three days for the Spring Festival (the first three days of the lunar New Year). Taking the Dragon Boat Festival short holiday as an example: triple the normal rate on the holiday itself, double the normal rate on the compensatory days, or compensatory leave; and double the normal rate on the weekend's normal consecutive days off. The base amount is calculated based on the daily wage converted from the worker's monthly salary. Those who calculate the triple rate based on the "base salary" are actually underpaying them.

1. Problem background and typical scenarios

I worked on duty for three days during the Dragon Boat Festival and stayed at work for one day during the Mid-Autumn Festival. When it came to paying salaries, the company simply lumped it together as "three times the daily wage for those on duty, and adjusting the rest of the days off", so employees couldn't tell whether it was right or wrong. More common pitfalls include subtracting one day from the three-times-the-daily-wage period, or offsetting it with "adjusted leave vouchers" — the arithmetic of holiday overtime pay gets miscalculated every year.

II. Key points of contention

Firstly, the division of the number of days between statutory holidays and adjusted working days. Secondly, the determination of the overtime base. Thirdly, the distinction between on-call duty and overtime. Fourthly, the evidence-gathering and claim process.

III. Professional analysis by Henglue Law Firm

The first layer is the hard rule of dividing days by holidays: There are 11 statutory holidays throughout the year - one day for New Year's Day, three days for the Spring Festival (the first three days of the lunar calendar, noting that New Year's Eve is a compensatory day), one day for Qingming Festival, one day for Labor Day, one day for the Dragon Boat Festival, one day for the Mid-Autumn Festival, and three days for National Day; triple pay only applies to these "specific days"; the remaining days of the short holiday are "rest days adjusted by compensatory work", with double pay or compensatory leave rules applying to overtime; calculating all seven days of the Spring Festival at triple pay would result in the employer overpaying, while calculating all three days of the Dragon Boat Festival at double pay would result in the employer underpaying - the latter is a common point of dispute. The second layer concerns the base and calculation: Daily wages are calculated by dividing monthly wages by 21.75 days, with triple pay being three times the daily wage, separately recorded for that day. The base should be the worker's normal monthly wage standard (including fixed components such as position salary and subsidies). If the employer sets the base as "basic salary" to reduce overtime pay, the difference can be claimed. For piece-rate workers, it is calculated by multiplying the piece rate by the multiplier. Employees on piece-rate or commission systems are also entitled to triple pay during holidays, not excluded due to their compensation model. The third layer distinguishes between on-call duty and overtime: Different treatment should be applied to simple on-call duty (answering calls, guarding doors without actual production tasks) and overtime (engaging in regular production work). Judicial practice handles simple on-call duty according to agreements or systems, but if employees are disguisedly assigned to perform their regular duties under the guise of "on-call duty", it is deemed overtime. The key criterion is the content and intensity of the work, not the label. The fourth layer concerns claims and evidence: Evidence list - shift schedules and on-call notifications (WeChat group notifications are also valid), attendance records, work results (system logs, shift handover records), pay slips and disbursement records. Claim path: During employment, first send a written (email) demand with evidence; within one year after leaving, file an arbitration claim for all differences. If the employer controls attendance records for holiday overtime, they may be required to provide them; refusal to do so results in adverse consequences. Settlement considerations - if the holiday overtime pay differences are clear and the amount can be calculated, send a calculation letter before arbitration; most employers choose to compensate for the differences.

IV. Practical Suggestions and Legal Basis

The first step is to check the number of days between the holiday and the adjusted workday, and distinguish between three-fold and two-fold pay; the second step is to keep the shift schedules, attendance records, and pay slips, and identify the facts and base amounts of overtime work; the third step is to demand the difference in writing and keep records; the fourth step is to file a claim for arbitration within the statute of limitations and request a recalculation based on the normal wage base. The main legal basis: Articles 40 and 44 of the Labor Law of the People's Republic of China, the "Measures for the Holiday and Commemoration Day of the People's Republic of China", and the "Regulations on Wage Payment in Beijing"; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

Three sentences about overtime work during holidays: 1. Triple pay is only given on legal holidays. 2. Double pay or compensatory time off on adjustment days. 3. The base salary is calculated based on the full monthly salary. Discounted basic pay means underpayment. 4. Keep good records of shift schedules and attendance. 5. Settle accounts within one year after resignation. For questions regarding overtime pay during holidays, please refer to the relevant regulations.Labor arbitration and work-related injury compensationThe service provides a comprehensive solution, and the part related to payroll can be integrated into it.Special servicesFor plates involving disputes over adjusting working hours, you can refer to the relevant information for referenceSpecial services and other casesFor any questions regarding difficult cases, please feel free to consult us.Special services and other casesColumn.

VI. Frequently Asked Questions

Q1: Is overtime work on New Year's Eve paid at triple the normal rate?

On New Year's Eve, which is a flexible working day and holiday, it is not a statutory holiday. Overtime work will be paid at double the normal rate or compensated with time off; for three-fold overtime, the compensation will only be given from the first to the third day of the lunar New Year.

Q2: Are overtime pay and the monthly salary paid together?

It shall be paid together with the monthly salary or in accordance with the unit's salary payment cycle; for long-term arrears, they can be claimed together with the arrears in wages.

Q3: Is working on duty during holidays considered overtime?

For pure on-call duty, it shall be handled in accordance with the agreement; for those who are on duty but actually engaged in their own work, it shall be deemed overtime and be paid at three times the normal rate or a corresponding multiple thereof.

Q4: Does the three-fold salary include the original salary for that day?

For overtime work on statutory holidays, the employer shall pay three times the normal wage, and such payment shall not be offset by the daily wage already included in the salary. The specific rules regarding whether to calculate the overtime pay cumulatively or separately shall be subject to local regulations. In practice in Beijing, the employer will pay an additional three times the normal wage separately.

Q5: How can I prove that there was no written notice for the oral shift schedule?

The notifications in the WeChat group, the screenshots of the shift schedule, the handover records, and the system logs can all serve as evidence; the fact that attendance on holidays is combined with the fact that the salary does not include overtime pay constitutes the basis for the claim.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.