Does the national law stipulate that enterprises must implement weekends?

Updated on society 2024-03-22
7 answers
  1. Anonymous users2024-02-07

    No. Labor.

    There is no provision on the time of the weekly rest day, but Article 38 specifies that the employer shall ensure that the employee has at least one day off per week. At the same time, the "Provisions on the Working Hours of Employees".

    Article 7 stipulates that state organs and institutions shall implement uniform working hours, and Saturday and Sunday shall be weekly rest days. Enterprises and public institutions that are unable to implement the uniform working hours provided for in the preceding paragraph may flexibly arrange weekly rest days on the basis of actual conditions.

  2. Anonymous users2024-02-06

    Statutory holidays do not include weekends, and the specific analysis is as follows:

    1. Statutory holidays do not include weekends, but when the state arranges a trouser holiday, the weekends will continue to be taken in the later time, and the nearest weekends will be transferred together to take a centralized rest. Saturday and Sunday refer to the time when the holiday is generally on Saturday and Sunday, not a statutory holiday, and is a rest time outside the 40-hour working time per week, which is a regular rest time;

    2. Statutory holidays include New Year's Day, Spring Festival, Qingming Festival, Labor Day, Dragon Boat Festival, Mid-Autumn Festival and National Day, excluding Saturdays and Sundays. Saturdays and Sundays are not considered holidays, but are public holidays, which refer to the time when a certain number of hours of work per week must be rested as stipulated by law or agreements concluded in accordance with the law;

    3, Pi Xiangzhou.

    6. If Sunday is a public holiday, and the employer arranges overtime work for the employee on the public holiday, it does not need to pay overtime wages if it can arrange compensatory rest at other times; If compensatory leave cannot be arranged, the employee shall be paid overtime wages of not less than 200% of the wages agreed in the labor contract.

    Legal basisArticle 40 of the Labor Law of the People's Republic of China.

    Employers shall arrange leave for employees during the following holidays in accordance with the law:

    New Year’s Day; Spring Festival;

    Day;

    National; Other holidays stipulated by laws and regulations.

  3. Anonymous users2024-02-05

    Legal Analysis: The labor law clearly stipulates that employees have at least one day off per week, and there is no mandatory rest day.

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

    Article 3 Workers enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and take chain leave, the right to obtain labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law. Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

    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.

    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.

  4. Anonymous users2024-02-04

    The Labor Code only stipulates a 44-hour working week, and does not stipulate that weekends and weekends must be rested. If the Shinga agreement is voluntarily reached, it is of course legal, but overtime on Saturdays should be double pay.

    Labor Contract Law of the People's Republic of China

    Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

    Article 10 A written labor contract shall be concluded in order to establish a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee enter into a contract of deferred labor lease before employment, the employment relationship shall be established from the date of employment.

    Article 36 An employer may terminate a labor contract if it reaches a consensus with a worker through consultation.

  5. Anonymous users2024-02-03

    Saturdays and Sundays are not statutory holidays. Weekends generally refer to the time when Saturday and Sunday are closed, while the statutory rest day is the time for national holidays to rest. According to the Labor Law, if an employee is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of the wage.

    If a worker is assigned to work on a rest day and cannot be arranged for a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of his wages.

    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 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 assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a regular remuneration of not less than 300 percent of the wage.

  6. Anonymous users2024-02-02

    There is no law that stipulates that two days off is mandatory, and the company can change the rest time of employees according to its own business and production needs. In addition, weekends are not national statutory holidays, paid holidays, and blindness is a welfare clause under the employment contract to ensure that employees have a certain amount of rest every year. The usual paid holidays include weekends, statutory holidays, and annual leave every year.

    Paid leave is a statutory benefit in most countries, and the employer pays wages and benefits according to the working day in the employee's non-working day, such as annual leave, which is generally not early and less than 5 days.

    The Labor Law does not mandate that two days off must be taken, and the Labor Law only clearly stipulates the working hours, and the employer shall determine the type of working hours (standard working hours system, irregular working hours system and comprehensive calculation of working hours system) according to the actual situation. However, no matter what kind of working system is implemented, it cannot deviate from the 8-hour day, 40-hour week, hourly and monthly working hours stipulated by law, and any excess time is considered overtime, and the corresponding overtime pay shall be paid in accordance with the provisions of Article 44 of the Labor Law.

    How to go to work on Saturday and Sunday.

    1. The legal provisions for working on Saturdays and Sundays are as follows:

    1) Overtime pay on weekends is 2 times the wage;

    2) Overtime pay refers to the labor remuneration obtained by the worker for continuing to produce or work outside the prescribed working hours in accordance with the needs of the employer's production and work;

    3) If the employee is assigned to work on a rest day and cannot arrange a compensatory break, the employee shall be paid a wage remuneration of not less than 200% of the wage, and since the weekend is a rest day, the overtime wage shall be calculated at 200%.

    What is the law about working hours.

    1. The standard one-month working hours stipulated by the state are 176 hours;

    2. The legal working hours are 44 hours a week;

    3. If the standard is overtime hours, the enterprise shall subsidize the overtime pay to the employee.

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

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

  7. Anonymous users2024-02-01

    Saturdays and Sundays are not statutory holidays. Saturdays and Sundays generally refer to the time for holidays and rest on Saturdays and Sundays, while statutory holidays are the time for national holidays and holidays. According to the Labor Law, if an employee is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300% of his wages.

    If a worker is assigned to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of his wages.

    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 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 assigned to work on a rest day and cannot be prepared to take a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of his wages; (3) Where 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.

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