Is it illegal to have no overtime pay on holidays?

Of course, it is illegal to not have holidays and not pay overtime pay, but it is important to understand that this kind of illegal behavior needs to be reported by employees before anyone can manage it, and if employees are silent, it is a stone in the sea.

There are no holidays on holidays, and there is no pay for overtime, which is obviously a violation of the labor law, and the Dragon Boat Festival is a statutory holiday, and you have to pay three times the salary for the last day.

It must be illegal, because the Dragon Boat Festival is a statutory holiday, and it is definitely illegal not to pay overtime wages.

On statutory holidays, the employer shall arrange for the employee to take leave. If, because of the actual situation of the work, there is no illegal consequence of not taking a holiday, but if the labor remuneration is not paid according to the legal standard, it is illegal.

Illegal. The state stipulates that overtime work on holidays is paid three times. If you don't give it, you will complain to the boss.

Violating the law, working overtime on statutory holidays, paying three times the salary, can be complained and reported to the labor inspection department.

It's not illegal, it's like students don't have a holiday in the Mid-Autumn Festival.

It depends on the rest day schedule of your unit. If there is a single holiday, there is a double holiday, if it is a holiday, there is no overtime pay, and no compensatory leave is arranged, which is an illegal act and a violation of the labor law.

Overtime pay is required for working on holidays. It's okay not to have a holiday, as long as you pay overtime.

Overtime pay must be paid when working on holidays, and failure to pay it is a violation of labor law.

Looking at the problem from another angle, the company hires you to spend a fixed amount of money, or your value is fixed, for example, the company only asks you to give 60,000 yuan a year, and an average of 5,000 a month. If you want overtime pay, the salary can become 4500, you can also want a high amount of five insurances and one housing fund, the salary can become 3500, and you can also want various subsidies and benefits, and the salary in hand is 2800. The essence is still the money, but the name has changed, which is also the reason for the low wages of civil servants and state-owned enterprises.

If you want holidays and overtime pay, you can go to a large company, a large enterprise.

Small companies and private companies are like this, there is nothing, just a relatively fixed salary.

If there is no compensatory time off for overtime on weekends, the salary will be doubled, and if there is overtime work on statutory holidays, it will be paid three times. If there is no overtime pay, you can report it to the Human Resources and Social Security Bureau.

Legal analysis: There is no holiday on statutory holidays, which may be based on the needs of production and operation, and is not illegal. However, the refusal to pay overtime violates the provisions of Article 44 of the Labor Law and infringes upon the legitimate rights and interests of workers.

You can file a complaint with the labor administrative department to request intervention and investigation; or directly apply for labor arbitration to solve the problem.

Legal basis: Article 44 of the Labor Law of the People's Republic of China In any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the employee 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 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.

Legal analysis: Statutory holidays are not necessarily a violation of labor laws. It is illegal to do so only if you don't take a holiday and don't pay your wages in accordance with the regulations.

Legal basis: Labor Law of the People's Republic of China Article 44 In any of the following circumstances, the employer shall pay 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) Where a worker is assigned to work on a statutory holiday, he shall be paid a wage remuneration of not less than 300 percent of his wages.

If you do not pay holiday wages or compensatory rest wages, you can apply to the Labor Bureau for labor arbitration. The employer shall pay the statutory overtime pay, three times the statutory holiday pay, and double the rest day, and at the same time claim the compensation for the delay in payment; Article 44 of the Labor Law stipulates that in any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the employee's normal working hour wage in accordance with the following standards: (1) If the employee is arranged to work longer hours, the employee shall be paid a wage remuneration of not less than 150% of the wage; (2) If a worker is assigned to work on a rest day and is unable to return to make a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of his wages; 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.

Therefore, for workers who implement the standard working hour system, if they work overtime on statutory holidays such as May Day, overtime pay shall be paid at no less than three times the daily wage base, and overtime work on May 2 and 3 shall be paid double the standard of overtime on public holidays.

Article 85 of the Labor Contract Law stipulates that if an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard for selling sedan cars, the difference shall be paid; If the employer fails to pay the employee within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

The absence of a holiday on a statutory holiday does not necessarily violate the labor law. It is illegal to do only if there is no holiday, and if you do not pay three times the salary of the nuclear beam according to the regulations.

Legal basis: Article 44 of the Labor Law of the People's Republic of China In any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the employee 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 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.

Categories: Social, Cultural, >> Law.

Problem description: My company is all year round, anyway, 4 days off every month, no matter what holidays, thunder does not move, National Day, Spring Festival is also normal work, not counted as overtime, is this legal? Moreover, the salary will be paid for two months, and once you resign, you will no longer be paid.

Analysis: It is absolutely illegal to work overtime on statutory holidays without overtime pay!

The labor law stipulates that statutory holidays must be paid 3 times the salary!

If you refuse to ask your boss for overtime pay, you can file a complaint with the labor department or apply for labor arbitration.

Pay attention to keep evidence, such as evidence of your overtime, salary regulations, payment records, etc.

It is also illegal for the presser to search for wages, and it is completely possible to recover it from the boss after resigning, and if it is refused, it can also complain or apply for arbitration.

This is the easiest thing to do, and it's not a hassle to deal with.

Remember to have a certificate to prove that the boss has pressed your salary for two months, otherwise he will not admit it, and things will not go well.

If you do not go to work and rest on national holidays, this is a paid leave, and the employer should pay the employee's wages. If the employer requires the employee to work on a national holiday, which is considered overtime, the employer shall pay 300% of the employee's salary. Legal basis:

Article 51 of the Labor Law stipulates that the employer shall pay wages to workers during the period of statutory holidays, marriage and funeral leave, and during the period of participating in social activities in accordance with the law. Article 44 of the Labor Law stipulates that 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) if the employee is arranged to work longer hours, the employer shall pay the employee a wage remuneration of not less than 150% of the wage; 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) Where a worker is assigned to work on a statutory holiday, he shall be paid a wage remuneration of not less than 300 percent of his wages.