[Direct answer]It is three times the normal pay and cannot be replaced by compensatory rest. According to Article 44 of the Labor Law: If overtime work is arranged on statutory holidays, the employer shall pay no less than 300% of the employee's wage. This category must be paid in cash and cannot be offset by compensatory rest; if overtime work is arranged on rest days and compensatory rest cannot be provided, the employer shall pay no less than 200% of the employee's wage; if the working hours are extended on working days, the employer shall pay no less than 150% of the employee's wage. Taking a monthly salary of 10,000 yuan as an example, the overtime pay for one day of statutory holiday work is approximately the monthly salary divided by 21.75 and multiplied by 3. In the practice of labor arbitration in Beijing, the calculation basis for overtime pay is usually determined by the monthly wage agreed in the labor contract, and the statute of limitations for claiming overtime pay is during the existence of the labor relationship and within one year after the employee's departure.

I. Problem Background and Typical Scenarios

During the Spring Festival, I worked on duty for three days, and the company offered "two days of compensatory leave plus a holiday gift package". During the National Day holiday, I was arranged to "adjust my working hours to the end of the year". Many workers don't know that the three-fold salary for statutory holidays (New Year's Day, Spring Festival, Qingming Festival, May Day, the Dragon Boat Festival, the Mid-Autumn Festival, and National Day, a total of eleven days) is the legal minimum standard, and compensatory leave is not an effective substitute. Treating compensatory leave as a universal payment method is the most common salary-cutting trick used by employers.

II. Key points of contention

First, regarding the base for calculating the triple pay, is it the basic salary or the total salary? Second, what is the relationship between compensatory leave and the triple pay? Why can't compensatory leave be used to replace statutory holidays? Third, how to provide evidence of overtime work, and how to ensure the accuracy of attendance and work assignment records? Fourth, what are the issues regarding overtime pay for positions with irregular working hours?

III. Professional analysis by Henglue Lawyers

The first layer concerns multiples and base amounts: three-fold, two-fold, and 1.5-fold multiples correspond to statutory holidays, rest days, and overtime work on working days, respectively. The calculation base is determined according to the monthly salary specified in the labor contract. Where no such stipulation exists or the stipulation is unclear, the base amount shall be determined based on the monthly salary for regular attendance, excluding overtime pay. The conversion of the base amount shall follow local regulations—the debate over the base amount is the first battleground in overtime pay cases. The second layer deals with compensatory rest rules: for overtime work on rest days, priority shall be given to compensatory rest. If compensatory rest is not possible, double pay shall be paid. For overtime work on statutory holidays, triple pay shall be paid regardless of whether compensatory rest is provided, as statutory holidays carry irreplaceable significance for rest—employers who evade responsibility by saying "we'll give you compensatory rest later" are in direct violation of the law. The third layer focuses on evidence and statute of limitations: the employee shall initially provide evidence of overtime work, including attendance records, shift schedules, notifications in work groups, and overtime approval forms. Electronic records should be backed up in a timely manner. For claims during the employment relationship, they may be raised at any time; for claims after termination, they must be filed within one year of leaving the job. Where pay slips are missing, bank transaction records and personal income tax records can be used to reconstruct the wage base. The fourth layer addresses special positions: for positions approved to implement flexible working hours, the overtime pay multiples typically do not apply (though there are local debates over this in Beijing, current regulations shall prevail). For positions not approved but managed as flexible hours, overtime pay shall still be claimed according to standard working hours. To distinguish between on-call duty and overtime work, the focus is on whether the employee is performing their regular duties—if the so-called "on-call duty" actually involves substituting for others, it shall be treated as overtime work. Three-fold overtime pay is not a welfare benefit but a statutory obligation. Every penny of overtime pay must be fought for.

IV. Practical suggestions and legal basis

The first step is to retain the original records of attendance, shift scheduling, and overtime notifications. The second step is to verify the differences between the wage base agreed in the labor contract and the actual payment. The third step is to first negotiate with the employer for back pay and, if no agreement is reached, to apply for labor arbitration within one year. The fourth step is to claim triple wages and possible economic compensation during the arbitration. The main legal basis: Article 44 of the Labor Law of the People's Republic of China (amended in 2018) on overtime pay, relevant provisions of the Interim Regulations on Wage Payment, and local rules on the calculation base of overtime pay in Beijing's Wage Payment Regulations; the specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

Three key points about overtime pay: On statutory holidays, the pay should be tripled and cannot be replaced by compensatory leave; the base amount should be determined according to the contract; and evidence should be collected in advance. Three times the normal pay is not a favor, but a legal requirement. For cases involving the recovery of overtime pay and labor arbitration, you can seek help through the following channels:Labor arbitration and work-related injury compensationObtain a comprehensive solution for the service; in the case of disputes over wage payment, you can combine it with other solutions.Special servicesPlate; for cases involving illegal termination of employment and compensation, you can refer to the relevant provisions.Creditor's rights and debts, and enforcementColumn; if it involves other labor rights and interests, you can consult for more informationSpecial servicesThe team is responsible for handling labor law-related matters.

VI. Frequently Asked Questions

Q1: Can overtime work on statutory holidays be compensated with additional rest days instead of triple pay?

No. For overtime work on statutory holidays, the employer must pay no less than three times the normal wage, and compensatory rest cannot be substituted. However, for overtime work on rest days, compensatory rest can be substituted for double the normal wage.

Q2: How is the calculation base for the tripled salary determined?

It shall be determined according to the monthly salary agreed in the labor contract. If the agreement is unclear or obviously too low, it shall be determined according to the salary that should be earned for normal attendance. In arbitration practice in Beijing, the principle is to take the actual salary as the basis for determination.

Q3: How long can I claim overtime pay for in the past?

During the existence of the labor relationship, there are no restrictions. If an employee wants to file for arbitration, they must do so within one year after leaving the company. In some regions, the burden of proof for overtime pay from two years ago is strictly allocated, so it's better to preserve the evidence as early as possible.

Q4: Is on-call duty considered overtime work?

Based on the actual work content, those who are on duty in name but actually engaged in their regular production work shall be treated as overtime, and those who are purely on guard duty shall be treated as duty allowances. The determination of individual cases shall be based on the work arrangements.

Q5: Is it true that the company doesn't pay overtime if they implement a non-fixed working hours system?

For positions with irregular working hours that have been approved by the labor administrative department, the multiplier of overtime pay generally does not apply. For positions that have not been approved, overtime pay should still be claimed according to the standard working hours, and the approval document is a key piece of evidence.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific cases.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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. If you encounter disputes, please consult a practicing lawyer in time.