Saturday and Sunday overtime compensatory leave issues

According to Article 44 of Chapter 4 of the Labor Code:

Under any of the following circumstances, the employer shall pay the employee a wage higher than the employee's normal working hour wage 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 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.

As for the units that can "make up for the rest", except for a very few special industries, it is usually 1:1, and the phenomenon of "double" rarely occurs. This part of the content is not clearly expressed in the labor law.

On rest days, work is arranged to be compensatory at the same time.

The main purpose of laws and regulations restricting employers from extending working hours is to protect employees' right to rest and protect their health. Therefore, the law stipulates that if an employer arranges an employee to work on a rest day, it shall arrange compensatory leave, and if it cannot arrange compensatory leave, it shall pay 200% of the salary.

According to Article 4 of the Ministry of Labor's Reply to Issues Concerning Employees' Working Hours (Lao Bu Fa [1997] No. 271), if an employer arranges an employee to work on a rest day, it shall take compensatory leave at the same time.

Personally, the company has taken more than ten days of leave, requiring employees to work overtime on weekends to make up, I think it depends on what kind of situation, if the ten days of leave is usually put during the working period, it is not inappropriate to ask you to use the weekend time to make up for it, if the ten days of vacation is a holiday during the Spring Festival, or a long holiday such as the National Day, it is definitely illegal to ask you to use the weekend time to work overtime to make up, after all, employees are entitled to these due holidays and rest time, It is still feasible to pay you reasonable overtime.

1. If you take more than ten days off during your usual work, it is normal to work overtime on weekends after returning from vacation.

As we all know, the general company or enterprise, a month is necessary to have a few days of rest, which is also stipulated by the state, as for the want to work overtime is the employee's own business, but the regulations are placed here you can not violate, the general normal working day is not a dozen days off, if you take such a long vacation, and it is on a working day or the like, then after returning from the holiday, use the working day to work overtime, to make up for some work items, I think it's nothing, after all, the company gives employees more than ten days off, During this period, the company did not generate any revenue, and employees, as a member of the company, should also think about the company, after all, the company and employees complement each other.

2. If it is a long holiday such as the Spring Festival or the National Day, it is unreasonable to work overtime on weekends.

At the end of the year, basically there is a long holiday on the National Day, if you have more than ten days off in the transfer of a few days, and then some companies will also take more than ten days off during the Spring Festival, in addition to these two holidays, basically all year round is some small holidays, if it is a holiday for these two festivals, and employees are required to work overtime on weekends after returning from vacation, then this must be unreasonable, because employees enjoy such a long holiday treatment, You can't squeeze employees during work because of more than ten days of leave, this practice is not a structured company style, and employees will also be very disgusted with this kind of operation, of course, you say that there should be overtime pay, then it is another rhetoric and phenomenon.

It is legal, because the company can make a compensatory leave, and it is not illegal for the company to do so.

Of course it's legal. And this kind of behavior does not violate any laws at all, nor does it violate any rules.

The statutory holiday is one day off, but three days off after the holiday, of course, you have to make up for it.

National Day make-up is a relatively normal way of vacation, mainly because the National Day holiday is relatively long, generally seven days off, except for weekends and statutory holidays, other holidays need to be made up at other times.

Therefore, it is generally carried out on the weekends before and after the National Day, and this year is the Sunday before the National Day and the Saturday after the National Day.

According to the latest news, now that the holiday arrangements for the 2021 National Day holiday have been released, how to adjust the holiday for the 2021 Mid-Autumn Festival and National Day holiday, presumably this issue is also of concern to many people. It is understood that the National Day holiday arrangement is from October 1 to October 7 for 7 days, but on September 26 (Sunday) and October 9 (Saturday), it is necessary to make up shifts.

In addition, according to the document issued by the Ministry of Transport of the People's Republic of China, "Implementation Plan for Exemption of Tolls for Small Passenger Cars on Major Holidays": During this year's National Day, the high-speed free time is from 0:00 on October 1, 2021 to 24:00 on October 7, 2021, a total of 7 days.

However, the scope of high-speed free passage is passenger vehicles with less than 7 seats (including 7 seats) on toll roads, including motorcycles that are allowed to drive on ordinary toll roads.

Statutory holidays generally refer to the rest time for celebrations and vacations uniformly stipulated by national laws in accordance with the customs and habits of various countries and ethnic groups or the requirements of commemoration.

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, involving the vital interests of the broad masses of the people, and the leave arrangements for statutory holidays provide time convenience for residents to travel, shop and leisure, and make positive contributions to stimulating domestic demand and promoting economic growth.

On August 2, 2019, the Ministry of Human Resources and Social Security issued the "Standards for Statutory Annual Holidays and Other Leave in China", which clarifies the five types of leave standards for rest days, statutory annual holidays, annual leave, family visit leave, and marriage and funeral leave. Among them, the current statutory annual holiday standard is 11 days.

The holiday for all citizens is a one-day holiday for the New Year; 3 days off for the Spring Festival; 1 day off on Qingming Festival; 1 day off on Labor Day; Dragon Boat Festival holiday for 1 day; 1 day holiday for Mid-Autumn Festival; There is a 3-day holiday on the National Day. Home visit leave for unmarried employees once a year, 20 days of leave; Married employees have 20 days of leave once every 4 years.

The official holiday goes like this:

One day on the Mid-Autumn Festival and three days on the National Day.

Then, add two weekends to adjust to a weekday break, for a total of four days. This year we were able to have eight days of vacation together.

Since weekends are adjusted to weekdays, it is necessary to make up for weekdays.

Eight days, a lot, hospitals, banks for four days.

You are a key middle school, and your grades are made up.

According to the provisions of the Labor Contract Law, Saturdays and Sundays can be compensated, and the employer's practice is not illegal.

The company is not busy, and it takes more than ten days off, which is considered a compensatory holiday, and it is also legal to use overtime on Saturday and Sunday to make up for it when it is busy in the future, because it has already made it up for you.

This is indeed illegal. Because the company has few things, it has a holiday, a holiday, but it is used to make up for the holiday. It's not legal, but it's true in a lot of organizations. It's okay if you report it.

This adjustment is made according to the actual situation of the company's production and operation, and as long as it does not violate the "Labor Law", there is no problem. However, extended working hours should not exceed a maximum of 3 hours per day and 36 hours per month during busy periods. There is no illegal problem in this company's adoption of the method of taking off work first and making up shifts when it is busy.

Would you like to take a vacation without pay if you go straight on vacation? Compensatory leave is permissible and not illegal.

The company has the company's regulations, and the compensatory leave is also legal

It should be like this, under normal circumstances, after discussing with the company's employees, it is reasonable to have no opinions.

That's right.

Now paid time off.

I'll make it up when the time comes.

It's also normal.

The same is true for most businesses.

The issue of counting the number of days of overtime compensatory leave on rest days is as follows: According to the relevant regulations on the payment of wages by enterprises: if the employer arranges the employee to work on the rest day according to the actual needs, but cannot arrange the compensatory leave, the employer shall pay the employee a wage not lower than 200 yuan of the employee's daily or hourly wage; 2012 latest entrepreneurial project arranging workers to work on statutory holidays.

Wages shall be paid at a rate not less than 300 per day or hourly wage of the worker. It can be seen from this that it is difficult to communicate with each other, hi me or Want Want name is Wang 10,000 yuan to start a business. Overtime work on rest days can be arranged for compensatory leave, and overtime wages will not be paid after compensatory leave, while overtime work on statutory holidays must be paid to employees in accordance with regulations, and cannot be replaced by compensatory leave.

The attendance system formulated by the unit cannot be contrary to relevant policies and regulations. Therefore, if the employer fails to arrange the compensatory rest on its rest days in a timely manner, it shall pay the overtime wages on its rest days and statutory holidays in accordance with the provisions of the policy. Learn what are the statutory holidays?

Overtime on statutory leave can be arranged for compensatory leave, one day of overtime, one day off, but Yifei must have a continuous 24-hour rest once a week Overtime is arranged on national holidays, and no compensatory time off is allowed according to law, and overtime pay must be paid at 300 Overtime on statutory leave can be arranged for compensatory leave, one day of overtime, and one day off, but Yifei must have a continuous 24-hour rest every week Overtime is arranged on national holidays, and no compensatory leave is allowed according to law, and overtime pay must be paid at 300 According to the relevant regulations on the payment of wages by enterprises: the employer shall take a compensatory day off according to actual needs, If the worker is arranged to work on the day of rest, but cannot arrange compensatory leave, the wage shall be paid at a rate not lower than 200 of the employee's daily or hourly wage; If an employee is arranged to work on statutory holidays, the employee shall be paid a wage of not less than 300 per day or hourly wage. It can be seen from this that overtime work on rest days can be arranged as compensatory leave, and overtime wages will not be paid after compensatory leave, while overtime work on statutory holidays must be paid to employees in accordance with regulations, and cannot be replaced by compensatory leave.

The attendance system formulated by the unit cannot be contrary to relevant policies and regulations. Therefore, if the employer fails to arrange the compensatory rest on its rest days in a timely manner, it shall pay the overtime wages on its rest days and statutory holidays in accordance with the provisions of the policy. From this, it can be seen that overtime on rest days can be arranged for compensatory leave, and overtime wages will not be paid after compensatory leave, while overtime work on statutory holidays must be paid to employees according to regulations, and cannot be replaced by compensatory leave.

The attendance system formulated by the unit cannot be contrary to relevant policies and regulations. Therefore, if the employer cannot arrange the compensatory rest on its rest days in time, it shall pay the overtime wages on its rest days and statutory holidays in accordance with the provisions of the policy.