What are the days of overtime in China What are the days of overtime wages in the country

China's current statutory holidays, if you are at work, count as overtime.

2012 annual public holiday holiday arrangements China**.com.

New Year's Day January 1 3 December 31, 2011 (Saturday) 3 days Spring Festival January 22 28 January 21 (Saturday January 29 (Sunday) 7 days Qingming Festival April 2 4 March 31, April 1 (week.

6. Sun) 3 days.

Labor Day April 29 May 1 April 28 (Saturday) 3 days Dragon Boat Festival June 22 and 24 No compensatory holidays 3 days.

Mid-Autumn Festival, National Day September 30, October 7, September 29 (Saturday) 8 days.

If it is a statutory holiday: 11 days (New Year's Day, Qingming, Dragon Boat Festival, Friday.

1. Mid-Autumn Festival, National Day, Spring Festival).

Zongheng Legal Network-Chongqing Mingsheng Law Firm-Zheng Meihu lawyer.

Statutory holidays are counted, you can search in it, and all the holidays of the year will come out.

In addition to the statutory working hours, the time that the employer arranges the employee to work is regarded as overtime.

It refers to the extension of working hours outside of the statutory working hours. These include:

1. The employer arranges extended working hours for employees in addition to the statutory standard working hours on weekdays;

2. The employer arranges the working time of the employee on the rest day;

3. The time that the employer arranges for the employee to work on statutory holidays.

Statutory holidays refer to the holidays for all citizens as stipulated in Article 2 of the Measures for Holidays on National Festivals and Memorial Days, a total of 11 days.

Article 44 of the Labor Law In 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 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.

Measures for Holidays on National Festivals and Memorial Days

Article 2 Holidays for all citizens:

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

2) Spring Festival, 3 days off (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).

Check the statutory holidays to know.

Legal analysis: The Chinese New Year is generally a seven-day holiday, of which hail is at the beginning of the first lunar month.

First, the beginning. The third day of the second and third days of the Lunar New Year is a statutory holiday, and the remaining four days are compensatory holidays. Arrange the beginning of the first lunar month.

First, the beginning. 2. Overtime on the third day of the lunar calendar, at the beginning of the first lunar month.

First, the beginning. 2. Overtime wages shall be paid at a rate not less than 300 percent of the worker's daily or hourly wage, and shall not be substituted by compensatory leave, etc. Overtime wages on a four-day public holiday shall be paid at a rate of not less than 200 percent of the worker's daily or hourly wage.

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 an employee is assigned to work on a statutory holiday, the employee shall be paid a wage remuneration of not less than 300% of the wage.

Measures for National Festivals and Memorial Days

A festival for all citizens:

1) New Year's Day, 1 day (January 1);

2) Spring Festival, 3 days (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 (on the day of Ching Ming in the lunar calendar);

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

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

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

7) National Day, 3 days (October 1st, 2nd, 3rd).

There are no statutory overtime days, only statutory holidays.

There are a total of 11 national statutory holidays, as follows:

1. New Year's Day: 1 day.

2. Spring Festival: 3 days.

3. Qingming Festival: 1 day.

4. Labor Day: 1 day.

5. Dragon Boat Festival: 1 day.

6. Mid-Autumn Festival: 1 day.

7. National Day: 3 days.

Overtime compensation

If the employer arranges for the worker to work outside the standard working hours in accordance with the law, it shall pay the overtime wage for the imitation wheel cover shift 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.

Legal analysis: The law stipulates that the state implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours. The employer shall ensure that the employee has at least one day off per week.

Therefore, the extended working hours of the employee in addition to the normal working hours are considered overtime.

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

Article 36 The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Article 37 The employer shall, in accordance with the working hours system provided for in Article 36 of this Law, reasonably determine the labor quota and the standard of piecework remuneration for workers who work on a piece-rate basis.

Article 38 The employer shall ensure that the worker has at least one day off per week.

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 for 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 worker.

Xiao Hong. Practicing law for 2 years Tianjin Oriental (Guangzhou) Law Firm.

Helped 751 people reply within 5 minutes with a response rate of 88%.

Consultation. 8 hours a day is normal. The standard working hours are the working days and working weeks that are generally applicable under the law and are generally applicable in accordance with the normal schedule of work and rest.

The standard working hours of the state are 8 hours per day, an average of 40 hours per week, and at least one day off per week. For workers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system of no more than 8 hours per day and no more than 40 hours per week on average.

Working hours are the time when the employee fulfills his or her labor obligations, and the working hours are not limited to the actual working hours, and the working hours are one of the bases for the employer to calculate and pay the remuneration to the employees, and the length of the working hours is directly stipulated by the law, or directly stipulated by the collective contract or labor contract, and the employee or the employer shall bear the corresponding legal responsibility if he or she fails to comply with the provisions or agreements on the working hours.

Legal basis: Article 36 of the Labor Law of the People's Republic of China.

The State implements a system in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Article 37.

For workers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system provided for in Article 36 of this Law.

Article 38.

The employer shall ensure that the employee has at least one day off per week.

on 2022-09-29

Working more than 8 hours a day counts as overtime.

Specific regulations on overtime include:

1. If the employer needs to arrange overtime for the employee, it needs to negotiate with the employee to answer the filial piety;

2. If the employee works overtime, the employer needs to pay overtime according to the corresponding standard.

Overtime pay is 150% of the employee's salary on weekdays, 200% on weekends, and 300% on national holidays. However, this is only the proportion set by the state, and the key to the amount of overtime pay is the wage base. The base amount of overtime pay for employees may be determined through consultation between the enterprise and the employees, otherwise the enterprise shall determine the wages due to the workers for their normal work.

The wage base for calculating overtime wages shall first be determined in accordance with the wage standards corresponding to the position of the employee as agreed in the labor contract. If there is no stipulation in the labor contract or collective contract, the employee representative may negotiate with the employer through collective wage negotiation, and the result of the negotiation shall be to sign a collective wage agreement (if the employer has been approved to implement the irregular working hours system, the above provisions shall not be implemented). If there is no agreement between the employer and the employee, the calculation base of the leave pay shall be determined at 70% of the employee's monthly salary for normal attendance.

The daily wage is calculated by dividing the base number by the average number of days worked per month. Compensatory leave or overtime payThe Labor Law stipulates that if an employee 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.

It can be seen that after working overtime on rest days, the enterprise can first arrange compensatory leave, and when it is unable to arrange compensatory leave, it will pay overtime pay of not less than 200% of the salary. In other words, after working overtime on weekends, the decision on whether to arrange compensatory time off or pay overtime pay is up to the enterprise, and employees have no choice. According to the relevant laws and regulations, the employer must pay overtime wages only for overtime work on weekdays and evenings and national holidays.

The National Day has a total of 7 days off, but from the current national regulations, only October 1st, 2nd, and 3rd are national holidays, and the remaining 4 days are exchanged for weekends before and after. Therefore, the overtime work on the 1 and 3 days is the overtime work on the national holiday, and the overtime pay must be paid (calculated at 300%), and the other 4 days are overtime on weekends, and the enterprise decides whether to arrange compensatory leave or overtime pay.

Article 36 of the Labor Law The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours. Article 44 Under 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 the workers are arranged to work longer hours, the wages and remunerations shall not be less than 150 percent of the wages and wages for the workers; 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) Where a worker is assigned to work on a day of statutory leave, he or she shall be paid a wage remuneration of not less than 300 percent of the wage.

Article 45 The State implements a system of paid annual leave. Those who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.