If the public holiday of the unit is not counted as one day off

If an employer arranges overtime work on a rest day for an employee, the arrangement of compensatory rest on the working day is in accordance with the law.

According to Article 44 (2) of the Labor Law and Article 70 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China (Lao Bu Fa No. 1995 No. 309), when an employer arranges overtime work on an employee's rest day, it shall first arrange compensatory rest at the same time, and if it cannot arrange compensatory leave, it shall pay wages and remuneration at a rate of not less than 200% of the wage.

Article 44 of the Labor Law In any of the following circumstances, the employer shall pay the employee a wage remuneration 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 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.

Labor. Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China

Labor Ministry Fa 1995 No. 309.

2) Extended working hours.

70. If an employee is assigned to work on a rest day, he or she shall first be arranged to take a compensatory rest at the same time, and if a compensatory rest cannot be arranged, the employee shall be paid wages and remuneration for the extended working hours in accordance with the provisions of Article 44 (2) of the Labor Law. If an employee is assigned to work on statutory holidays (New Year's Day, Spring Festival, Labor Day, National Day), the employee shall be paid wages and remuneration for extended working hours in accordance with Article 44 (3) of the Labor Law.

Are you talking about public holidays? Public holidays can be compensated, no overtime pay is paid, and the company is not illegal!

Legal analysis: The public holiday period does not include Saturdays and Sundays, and the statutory public holidays fall into rest days, and the rest days should be compensatory holidays. Public holidays are also known as "public holidays and public holidays".

It refers to the paid leave system expressly stipulated in national laws. A public holiday is a holiday enjoyed by all citizens, such as:

Five. 1. National Day, New Year's Day, Spring Festival, etc., excluding holidays enjoyed by some citizens, such as Children's Day, Women's Day, etc.

The legal basis is absolute: Article 6 of the "Measures for Holidays on National Festivals and Memorial Days": All citizens have a holiday that falls on a holiday, if it falls on a week.

6. On Sundays, the foolish Qizi shall make up the leave on the working day. Some citizens have a holiday if it falls on a week.

6. On Sundays, there will be no compensatory holidays.

Legal analysis: If an employee takes personal leave, public leave is not considered personal leave. Because the company can not pay wages for personal leave, that is to say, if you take a day off, you can deduct one day's salary, and the statutory banquet and rest day are not included in the personal leave.

The employer shall ensure that the employee has at least one day off per week.

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.

Legal Analysis: Public holidays are not considered personal leave. Personal leave refers to the leave that an employee needs to take during normal working hours due to personal reasons, and holidays include normal rest days and statutory holidays, which are the rights that can be enjoyed by workers as stipulated by the state.

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

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 the characteristics of production, it may, with the approval of the labor administrative department, implement other work and rest measures.

If an employee takes personal leave, public leave is not considered personal leave; Because the company can not pay wages for personal leave, that is to say, if you take one day off, you can deduct one day's salary, and statutory rest days are not included in personal leave; The employer shall ensure that the employee has at least one day off per week. As for the question of whether public holidays are considered personal leave, I will answer them in detail for you below.

1. Is public leave considered personal leave?

1. Employees take personal leave, and public holidays are not counted as personal leave; Because the company can not pay wages for personal leave, that is to say, if you take one day off, you can deduct one day's salary, and statutory rest days are not included in personal leave; The employer shall ensure that the employee has at least one day off per week.

2. Legal basis: Article 38 of the Labor Law of the People's Republic of China states that the company can not pay wages for personal leave, that is to say, if you take a day off, you can deduct one day's salary, and the statutory rest days are not included in the personal leave; The employer shall ensure that the employee has at least one day off per week.

2. Whether the company can apply for arbitration if it does not take annual leave

1. Yes. It is a basic right granted by law for employees to enjoy a certain number of days of paid annual leave each year, and employers shall ensure it. Generally speaking, the arbitration limitation period for paid annual leave, i.e., the arbitration limitation period, starts from the date on which the parties knew or should have known that their rights had been infringed;

2. Generally, 1 year is the general statute of limitations, while the special statute of limitations includes the suspension of the statute of limitations, the interruption of the statute of limitations, and the extension of the statute of limitations. Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

The interruption is interrupted when one party claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated. If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article.

Legal Analysis: The specific duration of national public holidays is as follows:

1. Statutory holidays: The first category is the holiday for all citizens: 1 day for the New Year, 3 days for the Spring Festival, 3 days for Labor Day and National Day, 1 day each for the Qingming Festival, Dragon Boat Festival and Mid-Autumn Festival.

The second category is the festivals and anniversaries that some citizens have on holiday: half a day off for women on Women's Mascot Day, and half a day off for young people over the age of 14 on Youth Day. The third category is the festival customary of ethnic minorities, and the specific festival is prescribed by the local people in the areas where the ethnic minorities live in accordance with the customs of each ethnic group.

According to the relevant provisions of the state, the employer shall also arrange leave for employees on holidays other than those on which all citizens are on vacation. A holiday for all citizens, if it falls on a week.

6. On Sundays, compensatory holidays shall be made on working days. Some citizens have a holiday if it falls on a week.

6. On Sundays, there will be no compensatory holidays.

2. Paid annual leave: The state implements a paid annual leave system. Employees who have worked continuously for more than one year are entitled to paid annual leave.

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.

Legal basis: "Measures for Holidays on National Festivals and Memorial Days" Article 2 Holidays for all citizens:

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) Ching Ming Festival, 1 day off (on the day of Ching Ming 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 in the lunar calendar);

6) Mid-Autumn Festival, 1 day off (on the day of the Mid-Autumn Festival in the lunar calendar);

7) On the National Day, there will be a 3-day holiday (October 1st, 2nd, and 3rd).