There is no holiday for the New Year, no compensatory leave, and there is no overtime pay, and the m

There is no holiday during the Chinese New Year, and if it is required by the industry, as long as you guarantee at least one day off per week, it is legal.

If you don't take a holiday, you will be paid an extra three times your salary, and if you don't pay overtime, it's illegal.

The solution is very simple, go to the labor inspection department to complain or apply directly to the labor arbitration commission for arbitration. You only need to provide any proof that you work for this company, proving that there is an employment relationship between you.

Notice on matters related to the establishment of labor relations.

Ministry of Labor and Social Affairs issued No. 12, 2005.

Legal Counsel: Miao Yingjie; Employment Law Consultant.

Labor and Social Security Departments (Bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government:

Recently, some localities have reported that some employers do not sign labor contracts when recruiting workers, and when labor disputes arise, it is difficult to determine the labor relationship between the two parties, making it difficult to safeguard the legitimate rights and interests of employees, which has an adverse impact on the harmony and stability of labor relations. In order to standardize the employment behavior of employers, protect the legitimate rights and interests of workers, and promote social stability, the following notice is hereby given on matters related to the establishment of labor relations between employers and workers:

1. The employment relationship shall be established if the employer recruits a worker without entering into a written labor contract, but at the same time meets the following circumstances:

1) The employer and the worker meet the entity qualifications prescribed by laws and regulations;

2) The labor rules and regulations formulated by the employer in accordance with the law shall apply to the workers, and the workers shall be subject to the labor management of the employer and engage in paid labor arranged by the employer;

3) The labor provided by the worker is an integral part of the employer's business.

2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

3. If the employer recruits a worker in accordance with the circumstances specified in Article 1, the employer shall sign a supplementary labor contract with the employee, and the term of the labor contract shall be determined by both parties through consultation. If there is no agreement through negotiation, either party may propose to terminate the employment relationship, but for the employee who meets the conditions for signing an indefinite-term labor contract, if the employee proposes to conclude an indefinite-term labor contract, the employer shall conclude it.

If the employer proposes to terminate the labor relationship, it shall pay the employee one month's salary for each full year of service in the employer.

4. Where an employer such as a construction or mining enterprise contracts out a project (business) or management right to an organization or natural person that does not have the qualifications of an employing entity, the employer with the qualifications of an employing entity shall bear the responsibility for employing the laborers recruited by the organization or natural person.

5. If a dispute arises between the employee and the employer over the existence of an employment relationship, he or she may apply to the labor dispute arbitration commission with jurisdiction for arbitration.

The service industry does have the particularity of the industry, and the time when people are on vacation is the hardest time for service practitioners. But just because you don't have a vacation doesn't mean you don't have overtime pay. The company has violated the Labor Contract Law, see Article:

Article 31 Employers shall strictly enforce the labor quota standards and shall not force or covertly compel laborers to work overtime. If an employer arranges overtime, it shall pay overtime pay to the employee in accordance with the relevant provisions of the state.

Article 44 of the Labor Law.

Under any of the following circumstances, the employer shall pay the employee a wage higher than the employee's normal working hour wage in accordance with the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid;

2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid;

3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

How can this be, the Chinese New Year is a traditional Chinese festival, how can you not have a holiday, forget it if you don't have a holiday, and don't give overtime pay, it's a trick.

The company does not give annual leave or overtime pay, and the employee can report to the labor administrative department. According to the law, if no annual leave is arranged, the employer shall pay the employee 300% of the daily wage income for the number of days of unused annual leave that should be taken in the current year, including the salary income paid by the employer to the employee during the normal working period.

Article 10 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises Where an employer does not arrange annual leave with the consent of the employee or arranges the number of leave days for the employee to be taken less than the number of annual leave days that should be taken, it shall pay the employee 300% of the daily wage income for the unused annual leave in the current year, including the salary income paid by the employer to the employee during the normal working period. Article 12 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises Article 12 When an employer dissolves or terminates a labor contract with an employee, if the employee fails to arrange for the employee to take the full number of annual leave days in the current year, it shall pay the wages and remuneration for the unused annual leave according to the employee's working hours in the current year, but shall not pay the wages and remuneration for the unused annual leave for less than one full day after conversion. The conversion method provided for in the preceding paragraph is:

The number of calendar days that have passed in the current year in the unit (365 days) The number of days of annual leave that the employee should enjoy throughout the year - the number of days of annual leave that have been arranged in the current year. If the employer has already arranged annual leave for employees in the current year, the number of days exceeding the annual leave that should be taken will not be deducted.

The company does not give annual leave or overtime pay, and the employee can report to the labor administrative department. According to the law, if the annual leave is not arranged, the employer shall pay the employee 300% of the daily wage income for the number of days of unused annual leave that should be taken during the current year, including the salary income paid by the employer to the employee during the normal working period. You can file a complaint with the local labor inspection department, or apply for labor arbitration.

If the payment is refused, the labor inspection department may order the unit to pay compensation for the arrears of remuneration.

Materials required to apply for labor arbitration:

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** trial, and then the two of you will be mediated, and the arbitration committee will issue an award if the mediation fails; Labor arbitration shall be concluded within 60 days; If the award is not satisfied, the worker can sue the court;

3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

Legal basis. Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2: [Scope of Application]This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 3 [Principles for the Settlement of Labor Disputes] The settlement of labor disputes shall be based on the facts, follow the principles of legality, impartiality, timeliness, and emphasis on mediation, and protect the lawful rights and interests of the parties in accordance with law.

Article 4 [Negotiation and Settlement of Parties to Labor Disputes] In the event of a labor dispute, the worker may negotiate with the employer, or may ask the labor union or a third party to jointly negotiate with the employer and reach a settlement agreement.

Article 5 [Basic Procedures for the Handling of Labor Disputes] In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

You should know if you have applied for a comprehensive work system for this position. If you have applied for a comprehensive work system, as long as the average working hours during the cycle do not exceed the national regulations. It can be arranged in this way, if it has not been applied, it is illegal, and the employee can communicate and negotiate with the company.

According to the provisions of the labor law, it is illegal for him to work overtime on holidays, and the company must pay overtime. Shouldn't you work overtime for unfinished tasks, unless it's an after-hours temporary task, then who wants to.

As long as national holidays and rest days are not occupied, it is not illegal. This is against the law, and the value of labor corresponding to labor is wages, which should be paid according to the facts. Working overtime during holidays is actually something that everyone doesn't want to face.

After all, the motivation we get to work every day is to look forward to the holidays. And many companies are squeezing labor, and even overtime is not paid two or three times as much as the law. But even with reasonable overtime pay, we are not willing to work overtime in order to spend more time with our families and enjoy holidays.

During the holidays, you can spend more time with your family and keep in touch with relatives and friends. Whether it's family or friends, it takes time to stay in touch with your feelings. Usually there are always people who gather together without Sakura.,It's either this or that.,There's always a few fewer of them anyway.。

However, national holidays are different. Most people will be free. If you make an appointment at this time, no one will say that you are too busy at work.

Spend as much time as possible with your family and don't regret it when you want to raise your children.

Make the holidays more ceremonial, everyone says you shouldn't go out on the holidays. When you go out, you don't see the scenery, you can only see the crowds. But even if you don't go out, it's a good choice to watch a movie or have a warm dinner with your family at home.

At least it won't make you feel like you only have endless overtime on holidays. It doesn't have to be much more exquisite, but there must be a sense of ritual, so that you don't give up life and have expectations for life. I hope mine can help you, and I also hope you can help me**, like, support me more, and follow me more.

It is still very reasonable, this practice is a compensatory leave, and it is also in line with some provisions of the labor law, and the rest is finally guaranteed.

If such a situation arises, we can choose to impose labor sanctions, and at the same time, we can also go through the legal procedures to solve the problem.

Rational. As long as you have enough rest, it is very reasonable, and this is also based on some adjustments made by the company.

It is not legal for the service industry to have holidays, statutory holidays without holidays or even overtime, and then make up for the holidays later. 1.The Labour Code clearly states:

Due to the needs of production and operation on statutory holidays, the company may work overtime appropriately with the consent of the labor union and workers, and if it works overtime on statutory holidays, it shall double the salary. Article 44 stipulates that under any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours according to the following standards:

1) If the worker is arranged to work longer hours, he shall be paid a wage remuneration of not less than 150% of the wage; (2) If the worker is assigned to work on a rest day and cannot arrange a compensatory break, the employee shall be paid a wage remuneration of not less than 200% of the wage; (2) If an employee is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300% of the wage. 2.It can be seen from this:

If an employee works on a statutory holiday, the employer shall pay overtime wages at 300% of the daily wage, and this amount shall not be offset by compensatory leave. If the employer arranges the employee to work overtime on a statutory holiday, it may choose to arrange compensatory rest or pay the employee overtime wages at a rate not less than 200% of the employee's daily wage. 3.

The basis for calculating overtime wages shall not be lower than the wages and remuneration due to the position in which the worker is employed. If it is lower than the city's minimum wage standard, the city's new minimum wage standard will be used as the base. 4.

Statutory holidays According to the provisions of the National Festival and Memorial Day Holiday Measures (Revised in 2007), all citizens in China have a total of 11 days of holidays: (1) New Year, 1 day off (January 1); (2) Spring Festival, 3 days off (Chinese New Year's Eve, the beginning of the first month.

1. 2nd year of junior high school); (3) Qingming Festival, 1 day off (on the day of Qingming in the lunar calendar); (4) Labor Day, 1 day off (May 1); (5) Dragon Boat Festival, 1 day off (on the day of the Dragon Boat Festival of the lunar calendar); (6) Mid-Autumn Festival, 1 day off (on the day of the Mid-Autumn Festival of the lunar calendar); (7) National Day, 3 days off (October 1, 2, 3).