Study on Legal Issues Concerning the Determination of the Calculation Base for Overtime Pay

Authors

  • Hanning Wang
  • Nan Liu

DOI:

https://doi.org/10.54097/4exxgz56

Keywords:

Overtime Pay Calculation Basis, Labor-management Relations, Legal Research

Abstract

In the absence of clear guidance in current labor law, judicial practice often results in significant differences in the determination of overtime pay, which can easily lead to disputes between employees and employers over the amount of overtime pay. Once the increase in overtime pay has been determined, the calculation basis for overtime pay determines the amount of overtime pay. Therefore, it is crucial to set a reasonable range for the calculation basis of overtime pay. This not only helps protect the legitimate rights and interests of workers and ensures that they receive the income they deserve for their overtime work, but also helps companies effectively control labor costs and maximize economic benefits.

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References

[1] Shen Tongxian. Exploration of the Criteria for Recognizing Working Hours[J]. Jurisprudence. 2011(05).

[2] Zhang Qian. Research on legal regulation of overtime work [D]. Jishou University, 2021.

[3] HOU Lingling. Local adjudication rules on the calculation base of overtime wages in China--Taking Beijing, Shanghai, Guangdong and Shenzhen as samples [J]. Jurisprudence. 2014 (06).

[4] Li Gen. Legal Analysis and Response to Overtime Pay Issues Under Flexible Work Schedules: A Reference to the US White-Collar Exemption Act [J]. Journal of China University of Political Science and Law, 2020, (05).

[5] Yuan Lin. On the Determination of the Base for Overtime Pay [J]. China Labor, 2018, (05).

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Published

27-06-2025

Issue

Section

Articles

How to Cite

Wang, H., & Liu, N. (2025). Study on Legal Issues Concerning the Determination of the Calculation Base for Overtime Pay. Academic Journal of Management and Social Sciences, 11(3), 41-46. https://doi.org/10.54097/4exxgz56