If the period of compensatory leave exceeds one year, no compensatory leave will be given, and wheth

Updated on society 2024-04-24
9 answers
  1. Anonymous users2024-02-08

    1. Employers may arrange compensatory rest for employees on rest days;

    2. If an employer arranges for an employee to work on an extended period of time or a statutory holiday, it may not take compensatory leave on a schedule without the consent of the employee.

    citing the law; 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.

    Article 31 of the Labor Contract Law"Employers shall strictly enforce labor quota standards and shall not force or covertly compel workers to work overtime. If an employer arranges overtime, it shall pay overtime pay to the employee in accordance with the relevant provisions of the state. "

  2. Anonymous users2024-02-07

    I think there are laws and regulations on this, but after all, the situation of each company is different, and it depends on the arrangement of the respective company after a year. And I think it's not easy for the company to manage if it drags on for too long, after all, overtime is not advocated now.

  3. Anonymous users2024-02-06

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  4. Anonymous users2024-02-05

    There is no validity period for overtime compensatory leave, and overtime wages shall be paid to the employee for overtime. Chinese law does not stipulate the validity period of overtime compensatory leave, but it does stipulate that if an employee works overtime outside working hours, the employer shall pay the employee overtime remuneration in accordance with the law.

    Article 44 of the Labor Law 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 employer shall pay 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) 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.

  5. Anonymous users2024-02-04

    Article 44 of the Labor Law of the People's Republic of China stipulates that under any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for normal working hours according to the following standards: (1) If the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; 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.

    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: Where an employee is assigned to work on a rest day, he or she shall first be arranged to take compensatory leave at the same time, and if the compensatory rest cannot be arranged, the employee shall be paid wages and remuneration for extended working hours in accordance with the provisions of Article 44, Paragraph (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.

    According to the above provisions, if an employer arranges an employee to work overtime on a rest day, it may substitute overtime wages by way of compensatory leave, but if the employee is scheduled to work on a statutory holiday, it can only pay overtime wages in accordance with the relevant provisions of the Labor Preparation and Carrying Law, and cannot be substituted by compensatory leave. Sometimes this voluntary overtime is made up by the company, but in fact, it was originally arranged by the company, which is already a refusal to pay overtime pay. After the employee obeys the overtime arrangement of the unit, he can claim his overtime salary.

    Of course, if you arrange to work overtime on the weekend, and then make the corresponding leave, the employer can also refuse to pay overtime pay.

    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 rest, a wage remuneration of not less than 200/100 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.

  6. Anonymous users2024-02-03

    Overtime compensatory leave generally has no expiration date, and if an employee works overtime, the company shall pay the employee overtime wages. China's law does not stipulate the validity period of overtime compensatory leave, but it does stipulate that if an employee works overtime outside the working hours of the congregation, the employer shall pay the employee overtime remuneration in accordance with the law.

    [Legal basis].

    Article 44 of the Labor Law stipulates that under 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 employee extends his working hours, he or she shall pay 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) 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.

  7. Anonymous users2024-02-02

    It is illegal to use compensatory leave to offset overtime. If an employer arranges for an employee to work overtime on a rest day, it may arrange for compensatory leave. However, if an employee is arranged to work overtime on a working day or a statutory rest day, he or she cannot take a compensatory leave and must pay overtime wages in accordance with the law.

    If an employee is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage. If an employee is scheduled to work on a statutory holiday, the employer shall pay a wage remuneration of not less than 300% of the wage.

    Article 44 of the Labor Law stipulates that under any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for the normal working hours in accordance with the following standards: (1) If the employee is arranged to work longer hours, the employer shall pay 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) 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.

  8. Anonymous users2024-02-01

    It is okay not to pay overtime and give compensatory leave. The law stipulates that if an employee is assigned to work on a rest day and cannot arrange a compensatory holiday, he shall be paid a wage remuneration of not less than twice the wage. Therefore, after working overtime on a rest day, the employer may first arrange compensatory time off, and only pay overtime pay of not less than twice the salary when it is unable to arrange compensatory leave.

    According to Article 44 of the Labor Law, under 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) 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.

    Article 36 of the Labor Law of the People's Republic of China stipulates that the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours. Article 44 of the Labor Law of the People's Republic of China stipulates that under 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) If the workers are prepared to work for extended hours, they shall be paid wages and remunerations not less than 150% of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for a compensatory break, a wage remuneration of not less than 200 percent of the regular salary of the worker 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.

  9. Anonymous users2024-01-31

    Legal analysis: as long as both parties agree, it is legal;

    1. Employers may arrange compensatory rest for employees on rest days.

    2. If an employer arranges for a worker to extend his or her time or arranges for a worker to work on a statutory holiday, it may not take compensatory leave without the consent of the worker.

    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 37 The employer shall reasonably determine the labor quota and piece-rate remuneration standards for laborers who work on a piece-rate basis in accordance with the working hours system provided for in Article 36 of this Law.

    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 its production, it may, with the approval of the labor administrative department, implement the measures of work and rest for its carriers.

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