Is it legal to have a different salary on Thursday and Saturday?

In practice, the employer and the employee may take the form of exchange time off to offset overtime, and the employer shall ensure that the employee has at least one day off per week.

Article 38 of the Labor Law The employer shall ensure that the employee 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.

Article 41 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

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

Article 44 In any of the following circumstances, the employer shall pay the 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 arrange a compensatory holiday, he shall be paid a wage remuneration of not less than 200% of the wage.

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 45 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 reason why it is different is because it includes overtime allowance, so it is the same if it is compensated, and it is legal to compensate for leave.

Overtime work on weekends can be compensated.

Legal analysis: legal, that is, employees who work overtime on weekends on weekdays can replace overtime pay with compensatory leave. However, if the overtime is extended on a normal working day, the labor law does not stipulate that priority can be given to arranging compensatory leave, and accordingly, overtime on a working day cannot be replaced by compensatory leave, and the company needs to pay employees double wages if they arrange overtime on working days.

Legal basis: Article 31 of the Labor Contract Law of the People's Republic of China Employers shall strictly implement the 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.

Legal Analysis: Sundays when statutory holidays are compensatory holidays are not counted as working days.

A working day refers to a day, and a working day is the working time in days.

The legal number of working days per week is: 5 days. In principle: from Monday to Friday, Saturday and Sunday are work holidays - fully applicable to state-owned organs and institutions. Except for enterprises: enterprises can flexibly arrange weekly rest days according to the actual situation.

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 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 arrange a compensatory break, he shall be paid a wage remuneration of not less than 200% of the wage;

3) If a worker is assigned a holiday to work, he shall be paid a wage remuneration of not less than 300 percent of his wages.

Legal Analysis: Sundays when statutory holidays are compensatory holidays are not counted as working days. A working day refers to a day, and a working day is the working time in days.

National statutory holidays refer to the holidays stipulated by the national file Fusui family, including New Year's Day, Spring Festival, Qingming Festival, Labor Day, Dragon Boat Festival, Mid-Autumn Festival and National Day.

Legal basis: Measures for National Festivals and Memorial Day Holidays

Article 2 Holidays for all citizens:

1) New Year, 1 day off (January 1);

2) The hall is busy for the Spring Festival, with a 3-day holiday (at the beginning of the first lunar month.

First, the beginning. 2. The third year of junior high school);

3) Ching Ming Festival, 1 day off (on the day of Ching Ming in the lunar calendar);

4) Labor Day, 1 day off (May 1);

5) Dragon Boat Festival, 1 day off (on the day of the Dragon Boat Festival in the lunar calendar);

6) Mid-Autumn Festival, 1 day off (on the day of the Mid-Autumn Festival in the lunar calendar);

7) National Day, 3 days off (October 1, 2, 3).

Legal analysis: Weekend overtime arrangements need to pay twice the salary, and if the overtime should be off on weekends, it is overtime on rest days, and the unit should pay 200% of the overtime wages.

Legal basis: Article 4 of the Labor Law of the People's Republic of China Article 14 In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the employee's salary during normal work

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the salary shall be paid; (2) If the worker is arranged to work on a rest day and no compensatory rest can be arranged, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) If a worker is arranged to work on a statutory holiday, a wage remuneration of not less than 300 percent of the wage shall be paid.

The law stipulates that it is not illegal to compensate for statutory holidays, but the premise must be to reach an agreement with the employee, because according to the laws and regulations related to labor in our country, if the statutory holiday is arranged, then the compensatory leave must be carried out, and if the overtime salary can not be compensated, overtime wages can be paid.

1. Is it illegal for the law to make statutory holidays off?

According to the provisions of Article 1 of the Labor Law, if overtime is arranged on statutory holidays, overtime wages shall be paid at the standard of not less than 300% of the salary; If overtime is arranged on a rest day, it may be compensated, and if it cannot be compensated, overtime wages shall be paid at the rate of not less than 200% of the salary.

Therefore, the law does not stipulate the issue of overtime and compensatory leave on statutory holidays. Enterprises shall, in accordance with the law, establish and improve the rules and regulations within the enterprise, and the content of the rules and regulations shall include the norms of the rights and obligations of workers. Enterprises can naturally formulate an overtime system that does not contradict national laws, may stipulate appropriate overtime approval procedures, and pay overtime wages not lower than the statutory standard for overtime work that meets the overtime system.

2. Is there overtime pay for voluntary overtime?

Employers shall establish and improve rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations, and enterprises shall establish and improve internal rules and regulations in accordance with the law, and the content of the rules and regulations includes the regulation of workers' rights and obligations. Enterprises can naturally formulate an overtime system that does not contradict national laws, stipulate appropriate overtime approval procedures, and pay overtime wages that are not lower than the statutory standards for overtime work that meet the overtime system. The rules and regulations established by an enterprise in accordance with the law shall be one of the bases for enterprise management and dispute resolution.

In addition, according to the "Labor Law" and the "Provisions on the Working Hours of Employees" and other relevant regulations, China's current standard working hours system is 8 hours a day and 40 hours a week. If the salary is calculated and paid according to the above standard working hour system, it is an hourly wage system. Employers that implement the hourly wage system have clear regulations on the payment of overtime workers.

The premise for an employer to pay overtime wages is that "the employer arranges the employee to work beyond the statutory standard working hours according to actual needs", that is, the employer shall pay the overtime wages only if the employer arranges overtime work. If the employee voluntarily works overtime if the employer does not arrange overtime, the employer may not pay overtime wages in accordance with the above provisions.

In our daily life, at present, our country has very clear restrictions on overtime, that is to say, if you can reach an agreement with the worker, you can arrange overtime, and at the same time, you need to arrange compensatory leave, and if you can't arrange compensatory leave, you also need to pay overtime pay, such as paying three times the salary on statutory holidays.

Legal Analysis: Not Illegal. The rest time can be adjusted with the company by yourself.

Legal basis: Article 38 of the Labor Law The employer shall ensure that the employee has at least one day off per week" and Article 7 of the "Provisions on the Working Hours of Employees" "The state and public institutions shall implement the uniform transfer of Sun Peiyi's working hours, and Saturday and Sunday shall be the 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 according to the actual situation", the company may flexibly arrange weekly rest days and compensate holidays according to the actual situation.

Article 44 of the Labor Law In 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 for an extended period of time, 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 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.