Is it reasonable for the company to have no holidays? Is it illegal for the company not to have holi

Legal Analysis: On statutory holidays, the employer shall arrange for the employee to take leave. If, because of the actual situation of the work, there is no illegal consequence of not taking a holiday, 300% of the salary remuneration will be given, but if the labor remuneration is not paid according to the legal standard, it is illegal.

Legal basis: Article 44 of the Labor 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 arrange a compensatory holiday, he shall be paid a wage remuneration of not 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 percent of his wages.

Legal analysis: Statutory holidays belong to the rest time of employees, but the employer may arrange for employees to work on statutory holidays after consultation with the labor union and the workers according to the needs of production and operation. However, the employer shall pay the employee overtime wages for extended working hours, and if the employee is assigned to work on statutory holidays, the employer shall pay the employee a wage remuneration of not less than 300% of the wage.

If the employer arranges for the employee to work on statutory holidays and does not pay overtime wages, the employee may file a complaint with the labor inspection brigade.

Legal basis: Article 41 of the Labor Law The employer may, after consultation with the labor union and the workers, extend the working hours due to the needs of production and operation, and generally shall 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, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

If the company does not have a statutory holiday, the employee may request the company to pay three times the salary and remuneration according to law. According to the laws of the People's Republic of China, if an employer arranges for an employee to work overtime on a statutory holiday, it shall pay 300% of the labor remuneration, and if the company does not pay three times the salary and remuneration, and is not worried about the leave, the employee can go to the labor and social security supervision department to complain to the company, or directly go to the Labor Dispute Arbitration Commission to apply for labor arbitration.

Article 44 of the Labor Law 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 in accordance with the following standards: (1) If the employee is arranged to work longer hours with him/her, 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 arrange a compensatory holiday, he shall be paid a wage remuneration of not 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 percent of his wages.

What to do if the company does not release statutory holidays Negotiation, the two parties can negotiate first, whether to make up for it later or to subsidize overtime and other benefits. Of course, if the negotiation cannot be handled, you can apply for labor arbitration. What are the statutory holidays According to the time dimension:

New Year's Day, Spring Festival, Qingming Festival, Labor Day, Dragon Boat Festival, Mid-Autumn Festival, National Day. According to the provisions of the "National Festival and Memorial Day Holiday Measures", the specific holiday festivals and holiday time arrangements are as follows: (1) New Year, 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) Labor Day, 3 days off (May 1, 2, 3); 4) National Day, 3 days off (October 1, 2, 3). In addition, the festivals and holiday schedules for some holidays are as follows: (1) Women's Day (March 8), 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 13 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.

How to calculate overtime expenses on statutory holidays Article 44 of the Labor Law of the People's Republic of China 1. If a 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 arranged to work on the rest day and cannot arrange compensatory leave, the wage remuneration shall not be less than 200% of the wage; 3. If the worker is arranged to work on statutory holidays, he shall be paid a wage remuneration of not less than 300% of the wage. At present, the average number of working days and working hours per month stipulated by the state are days and hours respectively, and the daily and hourly wages of employees should be converted accordingly. Therefore, the company should generally arrange the holiday in accordance with the national unified method, and if the company cannot arrange a rest on the statutory holiday due to the particularity of the type of work, it should be appropriately transferred to other times to rest.

Of course, the above conditions are met on the premise of communicating with the employee, and any labor dispute can be resolved in a timely manner, and the worker can apply for labor arbitration if he has any objection to the settlement. You can search for relevant labor issues and find a professional lawyer for consultation.

Article 40 of the Labor Law The employer shall arrange leave for the employee during the following holidays in accordance with the law: (1) New Year's Day; (2) Spring Festival; (3) International Labor Day; (4) National Day; (5) Other holidays and holidays provided for by laws and regulations. Article 44 of the Labor Law 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 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 arrange a compensatory holiday, he shall be paid a wage remuneration of not 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 percent of his wages.

Statutory holidays are statutory holidays stipulated by the state, and they are rest days that employees have the right to enjoy. If an enterprise arranges for employees to work on statutory holidays instead of taking holidays, it must meet the following two conditions:

1.The enterprise shall reach an agreement with the employee, and the employee agrees to work on statutory holidays;

2.Enterprises shall pay employees overtime pay or provide corresponding benefits such as compensatory leave in accordance with national regulations.

If an enterprise forces employees to work on statutory holidays without the consent of employees, it is an illegal act and may face consequences such as labor disputes and administrative penalties. Therefore, employers must strictly abide by national regulations and arrange work plans legally on the premise of protecting the rights and interests of employees.

If the holiday is not taken according to the statutory holidays, the compensatory time off or 2 or 3 times the salary shall be given.

1. It depends on the specific situation, the general holiday work is given overtime pay, and the salary is 2 to 3 times the normal working day, if your company does this, that is, overtime pay is given, then it is not illegal, if you do not do this, you can find the labor arbitration committee to reflect.

2. Due to the needs of production and operation, the statutory holidays of the company can be appropriately overtime with the consent of the trade union and the workers, and the wages shall be doubled if the statutory holidays are overtime.

Legal basis. Article 44 of the Labor Law of the People's Republic of China 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 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 arrange a compensatory break, the town shall pay a wage remuneration of not less than 200 percent 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 percent of his wages.