Does working overtime on a business trip count as overtime?

Whether an employee's business trip on weekends counts as overtime depends on the situation. Generally speaking, employees who travel on weekends are overtime. Whether a weekend business trip can be regarded as overtime depends on two conditions, that is, whether it is on the weekend or not, whether it is engaged in the work or work preparation arranged by the unit. If the employee is on a business trip over the weekend and has been working normally, if the unit cannot arrange for the employee to take a compensatory time off, it needs to pay the employee double wages. If the laborer is on a business trip on weekends, it is not a job, but a rest in the field. This situation is not overtime.

1. Generally speaking, if employees are engaged in the work or work preparation arranged by the employer on weekends, they are considered to be overtime, so employees traveling on weekends are also considered to be overtime. If the employee goes on a business trip on weekends and works normally, and the unit can't arrange for the employee to take compensatory time off, it needs to pay the employee double wages. If the laborer is on a business trip on weekends, it is not a job, but a rest in the field. This situation is not overtime.

2. According to Article 4 1 of the Labor Law, overtime refers to that the employer arranges the workers to work outside the legal working hours after consultation with the trade union and the workers due to the needs of production and operation. For workers with standard working hours, any work outside the legal working hours should be counted as overtime. In this case, whether a weekend business trip counts as overtime depends on whether the worker provided labor within the scope of his job that day. If the laborer provides labor, according to Article 44 of the Labor Law, the employer shall pay no less than 200% of the salary. If the laborer does not provide labor, but is in a state of rest, the weekend is not overtime. It is worth noting that those who occupy weekends on business trips should also be included in overtime. As for travel allowance, it can't replace overtime pay. Travel subsidies generally refer to the accommodation standards, local traffic standards, food subsidies and other subsidies enjoyed by employees on business trips, and their nature is economic compensation. The nature of overtime pay is salary. When the work task requires workers to travel on weekends, the employer should not only give subsidies, but also pay overtime wages.

3. If the laborer provides labor, because the working day is not a normal working day, according to Article 44 of the Labor Law of People's Republic of China (PRC): "In any of the following circumstances, the employer shall pay wages higher than the wages of the laborer's normal working hours according to the following standards:

(1) 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. "That is, if employees work overtime on weekends, the employer can arrange compensatory time off, and at the same time give compensatory time off without overtime pay; If it is really impossible to make up the rest, the employer shall pay overtime wages in accordance with the standards stipulated in the Labor Law. Therefore, during your business trip, if you work normally on weekends, it is against the labor law that the unit refuses to give you overtime pay without giving you compensatory time off, and its essence is to deduct wages.

4. If employees don't provide labor on public holidays, that is to say, employees are resting instead of working that day, but they are on business trips instead of living. In this case, the employee does not work overtime, and the employer does not need to pay overtime wages. There is no legal basis for you to ask your unit to pay overtime.

Employees can judge whether a weekend business trip belongs to overtime according to the above knowledge. Generally speaking, it is common for companies to arrange weekend trips for employees, which can be refused as employees. However, if overtime is indeed provided on the weekend of business trip, it can be considered as overtime.