The new labor law stipulates whether joint ventures are allowed to take time off

Article 36 The State implements a system of working hours in which the daily working hours of laborers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours.

Article 37 The employer shall reasonably determine the labor quota and piece-rate remuneration standards for laborers who work on a piece-rate basis in accordance with the working hours system provided for in Article 36 of this Law.

Article 38 The employer shall ensure that the worker has at least one day off per week.

Article 39 Where an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may, with the approval of the labor administrative department, implement other methods of work and rest.

Article 40 An employer shall arrange leave for its employees during the following holidays in accordance with law:

a) New Year's Day; 2) Spring Festival;

3) International Labor Day;

4) National Day;

5) Other holidays and holidays as provided for by laws and regulations.

Article 41 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed 3 hours per day but shall not exceed 36 hours per month under the condition of ensuring the health of the worker.

Article 42: In any of the following circumstances, the extension of working hours is not subject to the restrictions provided for in Article 41 of this Law:

1) Natural disasters, accidents, or other reasons that threaten the life, health, or property safety of workers, and need to be dealt with urgently;

2) Production equipment, transportation lines, and public facilities fail, affecting production and public interests, and must be repaired in a timely manner;

3) Other circumstances provided for by laws and administrative regulations.

Article 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.

Article 44 In any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours 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 wages 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.

Article 45 The State implements a paid annual leave system.

Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.

The Labor Contract Law does not stipulate rest clauses, and the above provisions of the Labor Law are not directly stipulated by law, depending on the company's regulations.

First of all, I would like to correct you, there is no such thing as state-owned enterprises and private enterprises in law.

They are all employers, and since they are employers, they are subject to the adjustment of the Labor Law and the Labor Contract Law.

For a simple example, if the employer arranges for you to work one day on Saturday, then you have the right to request that you take one day off on weekdays as a rest day. Backwards can also be reversed by the hour.

The above statement is a standard working hour system, that is, an 8-hour working day.

You have to find out if you belong to the system, and if so, then you have the right to ask for a reversal.

What does the labor law say about the company's compensatory leave? The so-called compensatory rest is to adjust the rest day. That is, the week.

6. Work on a daily basis, and arrange a two-day break from Monday to Friday. Article 44 of the Labor Law in any of the following circumstances, the employer shall pay the employee a wage higher than the wage for normal working hours according to 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. Then we can interpret it like this: 1. Week.

6. On Sundays, you can adjust the rest according to the schedule; After arranging for compensatory leave, those who do not always use it to pay overtime wages. If no compensatory leave is arranged, overtime wages shall be paid at twice the usual rate. 2. Statutory holidays cannot be arranged, and the salary of the promotion shall be 3 times that of the average hour.

Is this an easy explanation?

Let me say it briefly.

1. If you work overtime on statutory holidays, you can't take time off, and you can only settle overtime pay, no matter what kind of working hours system.

2. Implement the standard working hours system, a: overtime on weekends can be compensated with working days of equal time, but generally within 6 months. (If the compensatory leave fails, overtime pay will be calculated and paid at twice the minimum wage).

B: Weekday overtime, which refers to staying to work after 8 hours of work, this cannot be compensated, and overtime pay can only be calculated (calculated and paid according to the minimum multiple).

3. The implementation of the comprehensive working hours system, whether it is overtime on weekends or working days, can be adjusted in the cycle, only the last total working time, if the total time exceeded, to calculate overtime pay, unified shall not be less than the standard of times.

4. If the irregular working hours system is implemented, the labor results are not calculated by "time", there is no problem of "compensatory leave", and overtime is not counted, and overtime pay is not calculated except for statutory holidays.

The above-mentioned comprehensive working hours system and irregular working hours system shall be subject to the approval of the labor department.