Is it illegal not to have a holiday on a statutory holiday?

A statutory holiday is a holiday date set by the state. However, there are always some companies that do not comply with national regulations and do not allow employees to take breaks on statutory holidays. Is it legal to do so?

According to Article 40 of the Labor Law, the employer 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.

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, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

Article 42: In any of the following circumstances, the extension of working hours is not subject to the restrictions of 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 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.

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. The company does not have holidays on statutory holidays, and does not pay three times the salary, which can be resolved through negotiation.

It may also apply to the labor dispute arbitration commission for arbitration, and if the parties to the labor dispute are dissatisfied with the arbitration award, they may file a lawsuit with the people's court.

If it is a national enterprise, then it is illegal not to have a holiday on a statutory holiday, and if it is a private enterprise, then it is not illegal to have a holiday on a statutory holiday.

Illegal. Because it is a national holiday. The state regulations must be on holiday.

It is not illegal not to have a holiday on statutory holidays, but it is illegal to pay the corresponding overtime pay, and it is illegal to pay overtime if you do not pay overtime.

Legal Analysis: Illegal. The law stipulates that statutory holidays must be closed, and those who do not take holidays must pay 3 times the salary, and all enterprises must abide by it.

Legal basis: Article 40 of the Labor Law of the People's Republic of China An employer shall arrange leave for employees 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 as provided for by laws and regulations.

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

Article 44 Under 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) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; 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.

Hello dear! Legally-prescribed holidays are not closed, and it is illegal to be cautious. The law stipulates that on statutory holidays, the employer shall arrange for the employee to take a vacation, so the employer's provision of not taking a holiday is of course illegal.

If it is necessary to arrange overtime for the work of the limb meme on a national holiday, the worker shall be paid a wage remuneration of not less than 300 per cent of the wage.

It is not illegal for schools not to have holidays on national statutory holidays, but it is a violation. Students are not workers and are not subject to the adjustment of the Labor Contract Law, teachers can be counted as overtime wages, and the school does not pay them, and can file a complaint with the Labor Bureau.

Due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, 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.

Due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, 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 employer arranges overtime work for employees on holidays, it shall pay overtime wages not less than 300% of the daily or hourly wages of the workers carried by the Labor and Welfare Bureau; If the employer arranges for the employee to work overtime on the rest day, it may arrange compensatory rest for the employee without paying overtime wages, and if it does not give the employee compensatory leave, it shall pay the overtime wage at a rate not less than 200% of the employee's daily or hourly wage.

Legal basisArticle 4 of the Labor Law of the People's Republic of China.