All weather overtime on National Day, is it considered overtime on duty on National Day?

Legal analysis: If the National Day is a statutory holiday, and if the employee is arranged to work on the statutory holiday, he shall be paid a wage remuneration of not less than 300% of the wage.

Legal basis: Labor Law of the People's Republic of China

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 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 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.

Legal analysis: If an employer arranges an employee to work overtime on four days of a statutory holiday (i.e., October 1, 2, 3 and 4), the employer shall pay the employee overtime wages at a rate not less than 300% of the employee's daily or hourly wage, and the employer shall not refuse to pay overtime wages on the grounds of compensatory leave. The formula is as follows:

Overtime pay on statutory holidays = calculated overtime pay. If the employer arranges overtime work for the remaining five days and cannot arrange compensatory leave, it shall pay a salary remuneration of not less than 200% of the salary.

Legal basis: Labor Law of the People's Republic of China

Article 36 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 forty-four hours.

Article 37 For laborers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and the remuneration standard for the bench 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 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 three hours per day under the condition of ensuring the health of the workers, but the monthly extension of the working hours shall not exceed 36 hours.

Legal analysis: Seven days of work on the National Day, of which October 1, 2, and 3 are triple wages.

Legal basis: Article 44 of the Labor Contract Law of the People's Republic of China In any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the employee 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 the worker is assigned to work on a statutory holiday, he shall be paid a wage remuneration of not less than 300% of the wage.

Summary. According to the national holiday arrangement, the current National Day holiday time in 2021 is from October 1st to October 7th, a total of 7 days, and the work will be compensated on September 26 (Sunday and September 9th (Saturday). However, on the issue of overtime wages, if the employer arranges for the employee to work overtime from October 1 to 3, the employer shall pay the overtime wage remuneration at a rate not less than 300% of the wage, that is, three times the wage.

According to the national holiday arrangement, the current 2021 National Day holiday time is from October 1st to October 7th, a total of 7 days, and it will be on September 26 (Sunday and Saturday). However, on the issue of overtime wages, if the employer arranges for the employee to work overtime from October 1 to 3, the employer shall pay the overtime wage remuneration at a rate of not less than 300% of the wage, that is, three times the wage. 

Is the basic salary still there?

Is the basic salary still there?

Is it included in the basic salary?

Is it included in the basic salary?

The basic salary must be there.

The basic salary for two days on the National Day is not 2800

The basic salary for two days on the National Day is not 2800

What is your base salary?

That means that the basic salary is 3 times.

That means that the basic salary is 3 times.

That's right. That meant only 200 a day

That meant only 200 a day

That's right, more than 200 dollars!

Legal analysis: According to the relevant laws and regulations of China's labor law, the National Day is a statutory holiday, and workers should be arranged to rest and rest, and the issue of overtime work on the National Day should be determined according to the specific arrangements of their own units.

Legal basis: Labor Law of the People's Republic of China Article 44 In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the employee's normal return time in accordance with the following standards: (1) If the employee is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; 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.

National Day October 1st to 7th holiday. Among them, the 1st-3rd is a statutory holiday, and the 4th-7th is a weekend. Statutory overtime for three days shall be paid three times the salary, according to the relevant regulations:

In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the employee's normal working wage: (1) If the employee is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; 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 44 of the Labor Law In any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers 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.

Article 44 of the Labor Law of the People's Republic of China stipulates that in any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours in accordance with the following standards: (1) If the worker is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; (2) Where a worker is arranged to work on a rest day and cannot be arranged to take a compensatory break, 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.

Summary. Dear, hello, there is half a day of overtime on National Day.

There is a half-day overtime on National Day.

Dear, hello, there is half a day of overtime on National Day.

The overtime on the National Day is special, because it includes both statutory holidays and weekends, so the calculation of overtime pay should be divided into two ways, there are statutory holidays from the first to the third to multiply by three times the salary, and the normal rest on the weekend from the fourth to the seventh is to be multiplied by twice the salary. Dear, hello, China's labor law has clear provisions on what kind of overtime pay should be given to workers when they work overtime during rest, which is mainly divided into three situations, two of which are National Day. The first type is overtime during normal working hours, then it will be paid according to the normal company, and there is no need to double the payment.

For example, in China, Monday to Friday is the normal time to work, if there is additional overtime outside the time of 8 to 5 in the morning, then it is charged by the hour, and the amount of hourly billing is the hourly salary when working normally. The second is to work overtime on Saturdays and weekends and statutory rest days for double pay. Since the worker has been working five days from Monday to Friday, there should be a time to relax and rest on Saturday and weekend, and if the employer still allows the worker to work during this time, it will be a relatively large damage to the body and spirit, so it should pay a little more wages.

In our country, if you work on Saturdays and Sundays, you need to pay double your salary. For example, if the daily salary is 100 yuan, you will be paid 200 yuan for Saturday and weekend work.