Can public holidays be included in public holidays?

If you are working on a statutory holiday, you should be paid 300% of your daily wage as overtime, and if you are resting, you should extend the rest day by one day.

According to Article 41 of the Labor Law, the employer shall negotiate with the employee to extend working hours (i.e., overtime). Since it is a negotiation, of course, there should be a consensus on overtime hours and overtime pay, otherwise it is forced labor.

There are only four situations in which overtime work may not be refused: in the event of a natural disaster, accident or other reason, the safety and health of the people and the country's assets are seriously threatened and need to be dealt with urgently; Failure of production equipment, transportation lines, and public facilities, affecting production and public interests, must be repaired in a timely manner; It is necessary to use the suspension period of statutory holidays or public holidays to overhaul and maintain the equipment; In order to complete the emergency tasks of national defense, or to complete other emergency production tasks arranged by the superior in the state plan, as well as the urgent tasks of commercial and supply and marketing enterprises to complete the purchase, transportation, and processing of agricultural and sideline products in the peak season.

In addition to these 4 situations, the employer requires employees to work overtime, and it must be negotiated with the employees. If the employer uses improper means to require employees to work overtime, the employees may refuse. Although the employee may not refuse to work overtime in the above four cases, the employer should still pay overtime wages, which must be paid in accordance with the standards stipulated in Article 44 of the Labor Law.

If the labor remuneration or overtime wages are in arrears or deducted, it may be resolved in accordance with Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts and Article 85 of the Labor Contract Law.

The calculation of overtime remuneration shall be carried out in accordance with the following provisions:

1, "Country. Business. Article 3 of the Provisions of the Hospital on the Working Hours of Employees.

2. Article 44 of the Labor Law of the People's Republic of China.

3. Notice on the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year.

Public holidays do not include statutory holidays, and public holidays are postponed if they fall on rest days and statutory holidays.

Attached: *** "Paid Annual Leave Regulations".

Article 3 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.

Measures for the Implementation of Paid Annual Leave for Employees of Enterprises issued by the Ministry of Labor

Article 6 The family leave, marriage and funeral leave, maternity leave and other holidays prescribed by the state enjoyed by employees in accordance with the law, as well as the period of suspension of work and salary due to work-related injuries, shall not be included in the annual leave.

Yes, excluding public holidays.

Statutory holidays are not counted as public holidays. The differences between public holidays and statutory holidays are as follows:

1. Public holiday refers to the time when the law stipulates that the law or the agreement concluded in accordance with the law must rest for a certain period of time, such as 2 days off after every 5 days of work, these 2 days are public holidays;

2. Statutory holidays refer to the rest time for celebrations and vacations uniformly stipulated by national laws according to the customs and commemorative requirements of various countries and nationalities.

Labor Law of the People's Republic of China

Article 40. Employers 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 38 An employer shall ensure that a worker has at least one day off per week. Article 36 The State implements a system of working hours in which the daily working hours of laborers shall not exceed eight hours and the average weekly working hours shall not exceed 44 hours.

The public holidays stipulated in the laws of our country include pre-law holidays and public holidays. Statutory holidays refer to the rest time for celebrations and holidays uniformly stipulated by national laws in accordance with the customs and commemorative requirements of various countries and ethnic groups. China's statutory holidays include New Year's Day, Spring Festival, International Labor Day, Mid-Autumn Festival, National Day, etc.

Public holidays refer to paid annual leave for employees who have worked continuously for more than one year.

[Legal basis].Article 40 of the Labor Law of the People's Republic of China.

The employer shall arrange leave for the employee in accordance with the law during the following festivals:

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.

Legal Analysis: Annual leave does not include national holidays.

Annual leave refers to the leave that is given to employees once a year. That is, employees of government agencies, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, etc., who have worked continuously for more than one year, can enjoy paid annual leave.

Legal basis: "Regulations on Paid Annual Leave for Employees" Article 3 If an employee has worked for 1 year but less than 10 years, he or she 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.

The legal provisions of the Legal Analysis Bureau are: Public holidays, also known as public holidays and public holidays, refer to the paid leave system expressly stipulated in national laws.

Public holiday: The time during which the law or the agreement concluded in accordance with the law stipulates that the rest must be taken for a certain period of work. For example, for every 5 days of work, 2 days off, because the country stipulates that employees should not work more than 40 hours per week, so the general employer has two days off per week.

Public Holidays: Refers to holidays enjoyed by all citizens, such as:

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

Legal basis: Article 45 of the Labor Law of the People's Republic of China The State implements a paid annual leave system. Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.

The legal provisions of public holidays are: public holidays, also known as public holidays and public holidays, refer to the paid leave system expressly stipulated in national laws. Closed:

The period of rest that must be taken for a certain period of work as prescribed by law or by agreement concluded in accordance with law. For example, for every 5 days of work, 2 days off, since China stipulates that the weekly working hours of employees shall not be higher than 40 hours, the general employer implements two days off per week. Public Holidays:

Refers to holidays enjoyed by all citizens, such as:

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

1. Is it legal to pay on a daily basis?

First, it cannot be said that it is illegal to calculate by day, the key is that it is necessary to determine what the daily wage is per day, (calculated according to 8 hours) overtime should be calculated for 4 hours, which must be given, second, overtime on holidays must be paid according to triple wages, 200% on public holidays, and 150% on ordinary overtime, third, overtime hours in a month cannot exceed 36 hours, and it must be guaranteed that there must be one day off per week, fourth, Enterprises should pay social insurance and housing provident fund to their employees.

2. What are the statutory holidays?

Chinese statutory holidays are: New Year's Day, 1 day off. (January 1) Spring Festival, 3 days off (at the beginning of the first lunar month.

First, the beginning. 2. The third year of junior high school). Qingming Festival, 1 day off (on the day of Qingming in the solar calendar). Labor Day, 1 day off (May 1).

Dragon Boat Festival, 1 day off (on the day of the Dragon Boat Festival in the lunar calendar). Mid-Autumn Festival, 1 day off (on the day of the Mid-Autumn Festival in the lunar calendar). National Day, 3 days off (October 1, 2, 3).

Note: All citizens have a holiday, 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. Statutory holidays refer to the rest time for celebrations and vacations uniformly stipulated by national laws according to the customs and habits of various countries and ethnic groups or the requirements of the festival and cherry blossoms. The statutory holiday system is an important reflection of the country's political, economic and cultural systems, involving many aspects of the economy and society, and involving the vital interests of the broad masses of the people.

Article 45 of the Labor Law of the People's Republic of China stipulates that the state-owned Hongcong family implements a paid annual leave system. Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.