Traditional Culture Encyclopedia - Hotel reservation - Does a business trip count as overtime?

Does a business trip count as overtime?

Legal subjectivity:

Working hours are calculated on business trips, but by the day. Employees go on business trips to complete work tasks, and the journey is an essential process to complete work tasks. And, like other tasks, it has the characteristics of being directly or indirectly controlled by the unit and not being transferred by its own will, so it is necessary to calculate working hours. However, although employees can't freely control the time on the way, they just take the means of transportation during the period. They have no actual work content and labor, and they don't belong to the production and operation of the employer, so they can have a rest as usual. Therefore, in judicial practice, the calculation of working hours is a natural calendar number with "days" as the unit, and it is not simply applicable to the eight-hour working system. When calculating overtime, only rest days and legal holidays are calculated.

Legal objectivity:

Article 44 of the Labor Law

Under any of the following circumstances, the employing unit shall pay the wages higher than the wages of workers during 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.