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Statutory holidays are prescribed by the state and must be implemented by any enterprise; None of these common-sense provisions need to be stipulated in the employment contract;
What needs to be agreed is how to calculate the overtime base for your overtime on statutory holidays. If there is no agreement, overtime pay will be calculated according to your pre-tax salary, and paid at 300%, and you can't take a holiday, and it's useless to adjust!
Therefore, the working days in the contract are Monday to Friday, and the statutory holidays belong to the holiday holidays of all citizens, and if overtime is paid overtime, it is not a normal working day! In addition, overtime work on Saturdays and Sundays can be compensated, and overtime pay must be paid at 200% if it cannot be compensated.
Please refer to the above!
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Summary. Hello, what you raised is about the working hours in the labor relationship, the time of various types of leave, and the application procedure, which generally involve labor issues such as statutory working hours, statutory holiday regulations, mandatory overtime and compensatory leave protection, leave units not agreeing to protect rights, and special subject holiday regulations. Depending on the circumstances of the case, the impact on the outcome will also vary.
Hello, what you raised is about the working hours in the labor relationship, the time of various types of leave, and the application procedure, which generally involve labor issues such as statutory working hours, statutory holiday regulations, mandatory overtime and compensatory leave protection, the non-consent of the service leave unit to protect rights, and the establishment of special subject holiday regulations. Depending on the circumstances of a specific case, the impact on the outcome will also be different.
Is it legal to give compensatory leave on duty during the Spring Festival?
Under normal circumstances, the way to protect rights in disputes related to working hours is to report to the labor inspection brigade or the labor bureau, or directly apply to the labor arbitration commission for labor arbitration.
Three salaries on statutory holidays, double pay on Saturdays and Sundays, but the unit does not give them, is it legal to give them time off?
Illegal. Thank you.
Is it possible to refuse to be on duty.
OK. Good. Uh-huh.
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Hello. According to the Regulations on Paid Leave for Employees of Enterprises, it is a legal right of employees to enjoy annual leave, regardless of whether you are under the standard working hours system, the comprehensive calculation working hours system or the irregular working hours system. If your employer does not give you annual leave due to special reasons, you should be compensated by paying 3 times your salary.
This so-called rules and regulations of your company are not legal, so they have no legal effect at all. You can go to your local labor inspection brigade to complain, and the result will be dealt with within 15 days. Alternatively, you can go to your local Human Resources and Social Security Bureau (HRSS) to apply for labor dispute arbitration for mediation, and they will help you defend your rights.
Hope it helps
Supplementary answer: Regarding the question of the wages of those 7 days, if you are on vacation for these 7 days and do not go to work, that is, you have not paid for your labor, then the employer is not obliged to pay you wages. Since you have not paid for these 7 days, there is no need for the employer to pay you the wages for these 7 days, which is legal.
However, the employer should pay you 5 days of annual leave, which is what you deserve
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