What should I do if there is no holiday in the 51 factory, doesn t the labor law require a holiday?

Labor Day is a statutory holiday, and the statutory holiday is one day, which any employer must observe, and if no holiday is arranged, the employee shall be paid no less than 300% of the salary of the normal working day.

Labor Law of the People's Republic of China

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 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 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 nature of each plant is different, I run on the power plant, and I never know what the holidays are.

If you want to do a good job, it is just an opportunity to show that you are different from ordinary people, and when others are slacking off in order not to take a holiday, show that you are different, so as to be appreciated, after all, work is not for a holiday, what do you say?

You can go to the labor office to complain about him.

What bird factory do you work for? 51 also does not give holidays.

There are too many such black factories.

Then resign, such a company does not dare to do so.

If you don't want to do it, you can sue him from the Labor Bureau, and if you want to do it, you can bear with it.

Don't mention it if it's not a big business.

It is illegal to pay 30 days in arrears of reasonable wages. Wage arrears means that the employer has not paid wages to the employee beyond the prescribed time for payment of wages without justifiable reasons. For example, the law stipulates that wages shall be paid in the form of money on a monthly basis to the worker himself.

It is recommended to deal with rights protection, report or conduct labor arbitration. The company has the right to stop production and work, but the wages that should be paid to employees cannot be discounted and should be paid in full.

1. Does the company need to pay the minimum salary to employees for early holidays due to poor efficiency?

The company needs to pay the minimum salary to employees for early holidays due to poor efficiency. The law stipulates that if the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the employee's wages according to the standard stipulated in the labor contract.

Therefore, if the company takes a holiday in advance due to poor efficiency, it should pay the employee wages within a wage payment cycle, because it is not a shutdown caused by the employee.

If the period of wage payment exceeds one period, and the worker who resumes production provides labor, the salary shall be paid normally; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.

2. Does the employer have a salary during the renovation period?

Employees who are unable to go to work during the company's renovation period should have a basic salary. If the employee is unable to attend the work due to reasons attributable to the enterprise, and the suspension is not due to the employee's reasons, the employer shall pay the employee's wages according to the standard agreed in the labor contract if the employee is suspended for 30 days, and the minimum wage standard shall be paid if the employee is suspended for 30 days, and the minimum wage standard shall be paid if the wage payment cycle exceeds one period.

3. There is nothing to do in the factory for holidays, how does the labor law stipulate?

According to the provisions of relevant laws of our country, if the factory has nothing to do and has a holiday, the factory should pay wages, and the specific amount of wages should be determined by both parties through negotiation, but not lower than the local maximum wage standard. If the employer stops work or production due to its own reasons, wages must be paid to employees during the period of vacation. According to the length of the holiday and whether the worker provides normal labor, different holiday wage standards are determined.

Interim Measures of the People's Republic of China on Payment of Wages

Article 12 If the employer suspends work or production within one wage payment cycle due to reasons not attributable to the worker, the employer shall pay the worker's wages according to the standard stipulated in the labor contract. If the wage payment cycle exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.

Article 15 An employer shall not deduct a worker's wages.

Legal analysis: It is recommended to deal with rights protection, report or conduct labor arbitration of filial piety. The company has the right to stop production and work, but the wages that should be paid to employees cannot be discounted and should be paid in full.

Legal basis: Interim Measures of the People's Republic of China on Payment of Wages

Article 12 If the employer suspends work or production within one wage payment cycle due to reasons not attributable to the worker, the employer shall pay the worker's wages according to the standard stipulated in the labor contract. If the wage payment period exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.

Article 15 An employer shall not deduct a worker's wages.

It is an offence not to take a holiday and not pay overtime wages. According to the query of Hualu.com, the employer violated the law by not taking a holiday and not paying overtime wages on May Day. The official holiday of May Day is 1 day, if it falls on a week.

6. On Sundays, compensatory holidays shall be made on working days. If the employer arranges for the employee to work overtime on Labor Day, it shall agree to pay overtime wages not less than three times the usual wage.

International Workers' Day (also known as: International Labor Day, International Demonstrations Day'Day or May Day) is a national holiday in more than 80 countries in the world, set on May 1 every year, and is a common holiday owned by working people all over the world.

Legal analysis: The factory can apply for labor arbitration if it does not take holidays or approve leave, and the provisions of compensation are as follows:

1. If a worker is arranged to work longer hours, he or she shall be paid a wage remuneration of not less than 150% of the wage;

2. If the worker is arranged to work on the rest day and cannot arrange compensatory rest, the wage remuneration shall not be less than 200/200 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% of the wage.

Legal basis: Labor Law of the People's Republic of China

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

If the employer does not take holidays and does not pay three times the salary, it can anonymously report to the labor inspection brigade to the unit.

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. Liquid Zheng.

3) If a worker works on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

It doesn't count; There is no legal problem with the practice of the factory.

1. Labor Day, according to national regulations, the statutory holiday is originally only one day, that is, May 1.

Now Zheng Kuxin can generally take 3 days off, which is the result of the holiday. This year's May Day is Friday, which happens to be connected to the following weekend, which is a 3-day holiday.

2. Statutory holidays, no holidays, is also possible.

However, overtime pay must be paid, that is, the factory must pay wages at the rate of 300%. On statutory holidays, there is no problem of compensatory leave, and as long as there is no holiday, you must be given 3 times the salary.

3. Saturday and Sunday, which can be compensated.

1. The factory can not have a holiday on weekends if it fails according to its needs, but the factory can only have two options: 1. Make up for it in the future; 2. If you can't take a compensatory break, you must be given twice the salary.

2. Factories can't work overtime casually, and working 40 hours a week is the first regulation. If overtime is used, it is necessary to obtain the consent of the employee first, and pay overtime.

If an employer arranges an employee to work outside the standard working hours in accordance with the law, it shall pay overtime wages in accordance with the following standards:

1. If the working hours are extended beyond the standard working hours of the day, overtime wages shall be paid at a rate not less than 150% of the hourly wage base;

2. Those who work on rest days shall be arranged to take compensatory leave at the same time, and if they cannot arrange compensatory leave, they shall be paid overtime wages at a rate not less than 200% of the daily or hourly wage base;

3. Those who work on statutory holidays shall be paid overtime wages at a rate not less than 300% of the daily or hourly wage base.

The basis for calculating overtime wages shall be determined according to the wage standard of the employee as agreed in the labor contract. If there is no stipulation in the labor contract, it shall be determined according to the overtime wage base agreed in the collective contract; If there is no stipulation in the labor contract or collective contract, it shall be determined according to the wages due to the worker for normal work.

The employer may not pay overtime wages to employees who have been approved to work irregular hours.