Is it legal to take such a statutory holiday, and is it illegal to not have a holiday on a statutory

Updated on society 2024-05-29
8 answers
  1. Anonymous users2024-02-11

    It must be illegal, and you can complain to the Association for the Protection of Workers' Rights and Interests. But I advise you not to be impulsive, because since you came to ask, you must still want to do that job, otherwise you just leave directly, and only you will suffer if you make a big fuss, forget it, people have to bow their heads under the eaves! ~.

  2. Anonymous users2024-02-10

    No, there are 3 days off, 6 Sundays a week.

  3. Anonymous users2024-02-09

    1. It is not illegal to take no holiday on statutory holidays. It is defined as follows:

    1) It is not illegal to have a holiday on statutory holidays, but it is a violation;

    2) Statutory holidays are prescribed in accordance with national laws;

    3) You can go to the local educational institution to report and complain.

    2. Legal basis: 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 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 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 ***.

    2. What is the overtime regulation on holidays?

    Overtime hours on holidays are as follows:

    1. After consultation with the trade union and the workers, the working hours can be extended, generally not more than one hour per day;

    2. 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 under the condition of ensuring the health of the workers.

  4. Anonymous users2024-02-08

    Legal analysis: The company's statutory holidays are not closed in violation of labor law. 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 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 equal to 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. In order to protect the interests of workers, according to the provisions of Article 44 of the Labor Law of the People's Republic of China, those who fail to rest on holidays should be paid higher to compensate workers.

    Legal basis: Article 40 of the Labor Law The employer shall arrange leave for the employee during the following festivals: (1) New Year's Day; (2) Spring Festival; (3) International Labor Day; (4) National Day; (5) Other holidays and holidays provided for by laws and regulations.

  5. Anonymous users2024-02-07

    In principle, it is not illegal to have no holiday on National Day. National Day is a statutory holiday stipulated in the Labor Law, and shall be a holiday in accordance with the provisions of the state, and if an employee is arranged to work on a statutory holiday, he shall be paid a wage remuneration of not less than 300% of his wages. If the employer fails to pay wages in accordance with the regulations, it is illegal.

    Article 40 of the Labor Law of the People's Republic of China stipulates that an employer shall arrange leave for its employees during the following holidays in accordance with the law:

    a) New Year's Day; (2) Spring Festival;

    (3) International Labor Day;

    (4) National Day;

    (5) Other holidays and holidays provided for by laws and regulations.

  6. Anonymous users2024-02-06

    Legal Analysis: The holiday is a rest time for the employee, but the employer may, according to the needs of production and operation, arrange for the employee to work on the holiday after consultation with the labor union and the worker. However, the employer shall pay the employee overtime wages for extended working hours, and if the employee is assigned to work on statutory holidays, the employer shall pay the employee a wage remuneration of not less than 300% of the wage.

    If the employer arranges for the employee to work on statutory holidays and does not pay overtime wages, the employee may file a complaint with the labor inspection brigade.

    Legal basis: Article 41 of the Labor Law The employer may, after consultation with the labor union and the workers, extend the working hours due to the needs of production and operation, and generally shall 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.

  7. Anonymous users2024-02-05

    Statutory holidays are statutory holidays stipulated by the state, and they are rest days that employees have the right to enjoy. If an enterprise arranges for employees to work on statutory holidays instead of taking holidays, it must meet the following two conditions:

    1.The enterprise shall reach an agreement with the employee, and the employee agrees to work on statutory holidays;

    2.Enterprises shall pay employees overtime pay or provide corresponding benefits such as compensatory leave in accordance with national regulations.

    If an enterprise forces employees to work on statutory holidays without the consent of employees, it is an illegal act and may face consequences such as labor disputes and administrative penalties. Therefore, employers must strictly abide by national regulations and arrange work plans legally on the premise of protecting the rights and interests of employees.

  8. Anonymous users2024-02-04

    It is illegal for the employer to arrange for employees to take leave on statutory holidays, so it is of course illegal for the employer to stipulate that the employer shall arrange for the employee to take a vacation. If it is necessary to arrange employees to work overtime due to the need to work in a national holiday, the employee shall be paid a wage remuneration of not less than 300% of the wage.

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