Statutory holiday pay is not paid for taking leave before or after the statutory long holiday 10

According to Article 44 of the Labor Law of the People's Republic of China, 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) 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.

With reference to the provisions of paragraph 3 above, if an employee who implements the standard working hours system works overtime on statutory holidays such as May Day, the overtime pay shall be paid at no less than three times the daily wage base, and the overtime work on May 2 and 3 shall be paid double the overtime work on public holidays.

However, if you take leave, you are not actually working on a statutory holiday, and you should not be paid excess wages. And the person who replaces you at work should be paid the excess.

The company's perspective level is just to seize the loophole of employees in the leave system to make up more, long holidays can not be taken at times, annual leave and the like, many companies have such operations but there is no relevant system, like the upper friends you are the company has introduced a system, because it does not violate the relevant system of national leave, we can only moderate the right to maintain rights, you look at the details of the system, good luck.

It's really not legal, and you can't help it, it depends on the company's rules and regulations. Take 2 analogies: 1. You are the only employee in the company, and you are asking for leave, so how can the company make money?

2. During the holidays, the company's business is good, and it is too busy to ask for overtime without approving leave, the company pays wages in accordance with laws and regulations, and the company does not violate the law, what can you do.

Analysis of the law and law: and holidays and sick leave are not deducted from wages, and national statutory holidays are paid leave.

Legal basis: Labor Law of the People's Republic of China Article 51 The employer shall pay wages to the employee in accordance with the law during the statutory holidays, marriage and funeral leave, and during the period of participating in social enlightenment activities in accordance with the law. Therefore, if the statutory holiday is on leave, the salary shall be paid according to the wage rate for work during standard working hours.

In our country, when the company goes to work, it is inevitable that there may be some private matters that need to be dealt with, and the situation of asking for leave from the company, if you encounter a statutory holiday when you ask for personal leave, then whether you are entitled to paid leave on statutory holidays during the leave? Below I will answer the relevant knowledge for you, I hope it will be helpful to you.

1. Whether you are entitled to paid leave on statutory holidays during personal leave

The employer shall pay wages on statutory holidays.

If the period of personal leave includes statutory holidays, the number of statutory holidays is not within the scope of personal leave.

For example, if an employee takes 10 days of leave, including 3 days of statutory holidays, the employer can only calculate the hail and 7 days of personal leave when calculating the number of days of leave taken by the employee.

Article 51 of the Labor Law The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law.

2. Are national holidays paid?

Statutory holidays are statutory rest periods, and wages are normally paid.

Statutory holidays are paid holidays, which are unified across the country and equal for all. No salary will be deducted for rest on statutory holidays, and 300% of overtime should be paid.

The system pay days for a year are: 365 (days) - 52 (weeks) 2 (weekends per week) = 261 days;

The number of institutional working days in a year is: 261 (days) - 11 (statutory holidays in a year) = 250 days;

The monthly system payday is: 261 (days) 12 (months) = days;

The monthly working days are: 250 (days) 12 (months) = days.

To sum up, it is necessary to apply for a birth permit to give birth to a child in our country, and to apply for a birth permit in Hunan, you need to fill in the registration form for the issuance of the birth certificate, the original and copy of the marriage certificate, the ID card and copy of the husband and wife, the household registration book, and the bareheaded nearly 1 each.

Summary. Hello dear! We're happy to answer your <>

According to the provisions of the Labor Law, employees can enjoy wages on statutory holidays during the leave. The employer shall pay the employee according to the salary of the normal working day on the statutory holiday during the leave, but if the employee does not meet the conditions for paid annual leave during the leave period, then there will be no salary during the leave period.

I took a month's long vacation, do I still get paid for the statutory holidays during the vacation?

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According to the provisions of the Labor Law, employees can enjoy wages when they are legally absent from the holidays during the period of leave. If an employee does not meet the conditions for paid annual leave during the leave period, the employer shall pay the employee according to the salary of the normal working day, but if the employee does not meet the conditions for paid annual leave during the leave period, then there will be no salary during the leave period.

Legal basis: Article 40 of the Labor Law of the People's Republic of China The employer shall arrange leave for employees during the following holidays in accordance with the law: (1) New Year's Day;(2) Spring Festival;(3) International Labor Day;(iv) National Day;5) Other holidays stipulated by laws and regulations.

Article 44 In any of the following circumstances, the employer shall pay the worker a wage remuneration higher than the wage for normal working hours in accordance with the standards listed below: (1) If a worker is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 15 percent 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.

Employees who take personal leave and weekends are not counted as personal leave.

Because the company can not pay wages for personal leave, that is to say, if you take one day off, you can deduct one day's salary, and statutory rest days are not included in personal leave.

Personal leave is unpaid. Those who take personal leave within 20 days in a year and the company does not deduct wages cannot enjoy the annual leave of the current year.

Of course, there is no pay for taking leave, and you can only get paid for your work.

Summary. Hello If you take a month's long leave, there is a basic salary for the statutory holidays during the leave, and if there is a holiday in the middle of the leave, it is a paid holiday and no salary is deducted, but the salary is not paid on other leave days other than the statutory holidays stipulated by the state.

I took a month's long vacation, do I still get paid for the statutory holidays during the vacation?

Hello, please take a month of long leave, the statutory holidays during the leave are basic salary, and the holidays in the middle of the leave belong to the paid holidays, and the wages are not deducted, but the other leave dates other than the statutory holidays stipulated by the national escort are not paid.

Legal basis: Article 51 of the Labor Law Employers and Troublemakers shall pay wages on statutory holidays in accordance with the law, that is, the 11 statutory holidays stipulated by the national envy family shall not be excluded when converting daily wages and hourly wages. Call the pie hood.

Now the company says that long leave is not entitled to holiday pay.

I wasn't paid.

What to do.

In this case, it is recommended that you keep the evidence, such as screenshots, and you can go to the local labor bureau arbitration company, which is required to compensate.