Whether it is legal for a nanny to receive overtime pay for voluntary work on holidays depends on different circumstances:

1. If a citizen is employed by an individual, the legal relationship with the employee is only an employment relationship, not an employment relationship. Labor relations, domestic nannies do not apply to labor laws. Since the relationship between the nanny and the employer is a typical employment relationship, the nanny cannot require the employer to pay overtime wages for statutory holidays in accordance with the Labor Law.

2. If the nanny signs a labor contract with the housekeeping company and becomes a full-time employee of the housekeeping company, she has the right to claim three times the overtime pay for statutory holidays from the housekeeping company.

According to the relevant laws and regulations of our country, overtime wages should be calculated as follows:

1. Overtime on working days: hourly overtime wage standard = monthly wage standard stipulated in the labor contract ÷ (month The number of paid days is 21.75×8 hours)×150%.

2. Overtime work on rest days: hourly overtime wage standard = monthly wage standard stipulated in the labor contract ÷ (monthly paid days 21.75 × 8 hours) × 200%.

3. Legal holidays; hourly overtime wage standard = monthly wage standard stipulated in the labor contract ÷ (monthly paid days 21.75 × 8 hours) × 300%.

Legal basis:

"Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China"

Article 1

The "individual economic organization" in Article 2 of the Labor Law refers to individual industrial and commercial households that generally employ less than 7 employees.

Article 4

Civil servants and staff of public institutions and social groups that implement the civil service system, as well as rural workers (except for employees of township enterprises and farmers who move to cities to work or do business) ), active duty military personnel and domestic nannies are not subject to the labor law.

"Labor Law"

Article 44

In any of the following circumstances, the employer shall pay the employee higher wages according to the following standards than the employee's normal work Wage remuneration for time wages:

(1) If workers are arranged to extend their working hours, a wage remuneration of no less than 150% of the salary shall be paid;

(2) ) If an employee is arranged to work on a rest day and no compensatory time off can be arranged, a salary of no less than 200% of the salary shall be paid;

(3) If an employee is arranged to work on a statutory holiday, no compensation shall be paid. Salary remuneration less than 300% of salary.