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1. What are the leave provisions of the labor law?
1. The leave provisions of the labor law are as follows:
1) If the employee has worked for 1 year but less than 10 years, the annual leave is 5 days;
2) If the employee has worked for 10 years but less than 20 years, the annual leave is 10 days;
3) If the employee has completed 20 years, the annual leave shall be 15 days;
4) National statutory holidays and rest days are not included in the paid annual leave.
2. Legal basis: Article 3 of the Regulations on Paid Annual Leave for Employees.
Employees who have worked for 1 year but less than 10 years shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; Those who have completed 20 years of leave will take 15 days of annual leave.
National statutory holidays and rest days are not included in the annual leave.
2. Under what circumstances do employees have no annual leave?
1. Employees enjoy winter and summer vacations in accordance with the law, and if the number of vacation days is more than the number of annual leave days, there is no annual leave;
2. If the employee takes personal leave for more than 20 days and the unit does not deduct wages in accordance with the regulations, there is no annual leave;
3. Employees who have worked for 1 year but less than 10 years and have taken sick leave for more than 2 months are not entitled to annual leave;
4. Employees who have worked for 10 years but less than 20 years and take sick leave for more than 3 months shall not have annual leave;
5. Employees who have worked for more than 20 years and have taken sick leave for more than 4 months shall not have annual leave.
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1. What are the leave provisions of the Labor Law of the People's Republic of China?
1. The leave provisions of the Labor Law of the People's Republic of China are as follows:
1) Stipulate at least one day off per week;
2) stipulate that the working hours shall not exceed 8 hours per day, and the average working hours per week shall not exceed 44 hours;
3) For piecework work, the employer needs to clearly stipulate the labor quota, limit the daily working hours of the workers to no more than eight hours, and ensure that the working hours do not exceed 44 hours per week.
2. Legal basis: Article 36 of the Labor Law of the People's Republic of China.
The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed 44 hours.
Article 37.
For workers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system provided for in Article 36 of this Law.
Article 40. Employers shall arrange leave for employees during the following holidays in accordance with the 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.
2. What is the salary for working on holidays?
The pay for working on holidays is as follows:
1. If a worker is arranged to work longer hours, he or she shall be paid a wage remuneration of not less than 150% of the wage;
2. If the worker is arranged to work on a rest day and cannot arrange a compensatory break, the wage remuneration shall not be less than 200% of the wage;
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% of the wage.
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Legal analysis: 1. Rest days, also known as public holidays, are the rest time after the employee has completed a working week. 2. The current national statutory annual holiday standard is 11 days.
Holidays for all citizens: 1 day of New Year's leave; 3 days off for the Spring Festival; 1 day off on Qingming Festival; 1 day off on Labor Day; Dragon Boat Festival holiday for 1 day; There is a 3-day holiday on the National Day. Festivals and anniversaries for some citizens:
Women's Day is a half-day holiday; Youth Day for young people over the age of 14 have a half-day holiday; On Children's Day, children under the age of 14 will have a one-day holiday; On the anniversary of the founding of the Chinese People's Liberation Army, active military personnel have a half-day holiday.
Legal basis: Article 38 of the Labor Law of the People's Republic of China The employer shall ensure that the employee has at least one day off per week.
Article 2 of the National Festival and Memorial Day Holiday Measures: (1) New Year's Day, 1 day off (January 1); (2) Spring Festival, 3 days off (at the beginning of the first lunar month.
First, the beginning. 2. The third 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).
Article 3: Festivals and commemorative days for some citizens' holidays: (1) Women's Day (March 8), where women have a half-day holiday; (2) Youth Day (May 4), young people over the age of 14 have a half-day holiday; (3) Children's Day (June 1), children under the age of 14 will have a one-day holiday; (4) On the anniversary of the founding of the Chinese People's Liberation Army (August 1), active military personnel will have a half-day holiday.
Article 4: For festivals customary by ethnic minorities, the local people in areas inhabited by ethnic minorities shall, in accordance with the customs of each ethnic group, stipulate holiday dates.
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Paid leave under the Labor Law includes statutory holidays, marriage and funeral leave, and annual leave. During the above-mentioned paid leave, the employer shall pay the employee wages according to the standard agreed in the labor contract. In addition, during the period when the worker participates in social activities in accordance with the law, the employer shall also pay wages in accordance with the law.
[Legal basis].
Article 51 of the Labor Law of the People's Republic of China.
The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law.
Article 10 of the Interim Provisions on Payment of Wages.
During the period when the employee participates in social activities in accordance with the law during the working hours of the statutory oak town, the employer shall pay the wages as if the employee has provided normal work shelter. Social activities include: exercising the right to vote or to be elected in accordance with the law; Elected representatives attend meetings held by organizations such as townships (towns), districts and above, political parties, trade unions, youth leagues, women's federations, etc.; Acting as a witness to the People's Court; Attend the conference of advanced workers who are like slag models; Production or working time occupied by members of the grass-roots members of non-full-time trade unions as stipulated in the Trade Union Law; Other social activities to participate in in accordance with the law.
Article 11. During the period when the employee is entitled to annual leave, home visit leave, marriage leave and bereavement leave in accordance with the law, the employer shall pay the employee's wages according to the standards stipulated in the labor contract.
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The provisions of the Labor Law on leave are as follows: (1) If an employee has worked for 1 year but less than 10 years, the annual leave shall be 5 days; 2) If the employee has worked for 10 years but less than 20 years, the annual leave is 10 days; 3) If the employee has completed 20 years, the annual leave shall be 15 days; 4) National statutory holidays and rest days are not included in the paid annual leave. Statutory holidays under the Labor Code:
a) New Year's Day; 2) Spring Festival; 3) International Labor Day; 4) National Day; (5) Mid-Autumn Festival; (6) Dragon Boat Festival; (7) Other holidays and holidays provided for by laws and regulations.
Labor law leave provisions.
Hello, it is a pleasure to serve you <>
The provisions of the Labor Law on leave are as follows: (1) If an employee has worked for 1 year but less than 10 years, the annual leave shall be 5 days; 2) If the employee has worked for 10 years but less than 20 years, the annual leave is 10 days; 3) If the employee has completed 20 years, the annual leave shall be 15 days; 4) National statutory holidays and rest days are not included in the paid annual leave. Statutory holidays under the Labor Code:
a) New Year's Day; 2) Spring Festival; (3) International Labor and Combat Festival; 4) National Day; (5) Mid-Autumn Festival tents or festivals; (6) Duan and Qiaowu Festival; (7) Other holidays and holidays provided for by laws and regulations.
Legal basis: Article 3 of the "Paid Annual Leave for Elderly Town Workers" Article 3 If an employee has worked for 1 year but less than 10 years, he or she shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; Those who have completed 20 years of leave will take 15 days of annual leave. The statutory holidays and rest days of the national family are not included in the annual leave.
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