Is it reasonable to have only five days off on National Day this year?

The unit's approach is unreasonable.

If compensatory leave cannot be arranged, overtime and overtime wages shall be paid.

Office on 2017.

Notice of some holiday schedules.

State Office Invention Electricity 2016 No. 17.

The people of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions, and all directly affiliated institutions:

With the approval of ***, the specific arrangements for the 2017 New Year's Day, Spring Festival, Qingming Festival, Labor Day, Dragon Boat Festival, Mid-Autumn Festival and National Day holiday are hereby notified as follows.

1. New Year's Day: January 1st holiday, January 2nd (Monday) compensatory holiday.

2. Spring Festival: January 27 to February 2, a total of 7 days. January 22 (Sunday) January 4 (Saturday) to work.

3. Qingming Festival: April 2nd to 4th, a total of 3 days. I will go to work on Saturday, April 1.

4. Labor Day: May 1 holiday, and weekends off.

5. Dragon Boat Festival: May 28th to 30th, a total of 3 days. May 27 (Saturday) to work.

6. Mid-Autumn Festival and National Day: October 1 to 8 will be closed for a total of 8 days. September 30 (Saturday) to work.

During the holidays, all localities and departments should properly arrange the work of duty and security, security, etc., and in case of major emergencies, they should report and properly handle them in a timely manner in accordance with the regulations, so as to ensure that the people spend the holidays peacefully and safely.

Office.

December 1, 2016.

If this year, it is legal to give three days of overtime pay, and it is illegal not to pay it. Because this year the rule is eight days.

Not illegal. There are only three days of statutory holidays for National Day (1st, 2nd, and 3rd), and it is illegal to leave these three days. According to Article 2 of the Measures for National Festivals and Memorial Day Holidays, all citizens have holidays

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) Qingming Festival, 1 day off (on the day of Qingming in the lunar calendar).

It is not illegal to have a 5-day holiday on National Day. The National Day statutory holiday is from October 1 to October 3, a total of 3 days. By adjusting the next Saturday and Sunday, you can generally take a 7-day long holiday.

The remaining 4 days are completed through weekend off, but in some industries and occupations, due to the particularity of occupations and industries, in fact, there is no guarantee that everyone can enjoy the normal 7 days of vacation. This varies depending on the industry and occupation. However, for those who do not take a holiday during the small long vacation, the necessary overtime pay unit should be given.

Generally speaking, there is no rest on national holidays, and you should be paid 3 times the usual salary.

Legal basis. National Festivals and Memorial Day Holiday Measures" Article 2 of the holiday festival for all citizens:

1) New Year's Day, 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) Qingming Festival, 1 day off (the Qingming Festival of the lunar calendar is the day of the gods);

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 days).

There are only three statutory holidays, and the unit has the right not to participate in the 7-day off. As for the question of whether there are benefits for rest and vacation, according to the provisions of the law, statutory holidays are paid leave and are paid. 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.

Wages shall be paid in accordance with law when they do not go to work on statutory holidays. Depending on whether it is a statutory holiday or a statutory holiday, working on a statutory holiday is paid three times the salary, and working on a holiday is paying twice the salary.

1. What is the difference between being on duty and working overtime?

1) The characteristics of the work and the tasks of the work are different. Although both on-duty and overtime are burdened with certain responsibilities outside of statutory working hours, on-duty is due to certain special reasons, and the worker undertakes certain unproductive and non-professional work during non-working hours. Overtime, on the other hand, is due to the production and operation needs of the unit, and the employee continues to engage in his or her own work in his original position and non-working hours.

2) The adjustment specifications are different. With regard to duty, there is currently no clear legal norm regulating it. However, overtime work shall be subject to the adjustment of relevant laws and regulations such as the Labor Law and the Labor Contract Law.

3) The basis for payment of remuneration for work is different. There is no clear legal provision on the remuneration standard for duty, and under normal circumstances, the rules and regulations formulated within the unit are to set an example. Overtime remuneration is directly regulated by the Labor Law, Interim Provisions on Wage Payment and other relevant laws and regulations.

iv) The time limit is different. There is no limit to the length of time you can be on duty. Overtime must not exceed one hour per day as stipulated in the Labor Law; If it is necessary to extend the working hours due to special reasons, the extension of working hours shall not exceed three hours per day and 36 hours per month under the condition of ensuring the health of the workers.

Second, what is the solution for the company to work overtime and not pay overtime?

Resolve it through legal means.

In accordance with Article 44 of the Labor Law, if overtime is arranged within a standard working day, a wage remuneration of not less than 150 wages shall be paid; If overtime is arranged on rest days and compensatory rest cannot be arranged, a salary remuneration of not less than 200 yuan of the salary shall be paid; If a worker is assigned to work on a statutory holiday, he or she shall be paid a salary of not less than 300 yuan. What should I do if I don't pay overtime pay for overtime, and if the unit refuses to pay overtime pay, it can complain and report to the labor supervision and inspection department.

If the employer is in arrears of wages or fails to pay overtime pay, it may, in accordance with the provisions of the Labor Contract Law, directly notify the employer to terminate the labor relationship, require the employer to pay the overtime pay in full, and may require the employer to pay economic compensation.

The employee may file a complaint with the labor modification supervision department in accordance with the law to demand payment of overtime pay in arrears, or apply for labor arbitration to demand payment of overtime pay and economic compensation.

It is not illegal to take a five-day holiday on National Day.

1. New Year's Day, 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. Qingming Festival, 1 day off (on the day of Qingming 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. National Day, 3 days off (October 1st, 2nd, 3rd).

The National Day salary is calculated as follows:

1. The 1st-3rd day of the National Day is the statutory holiday of the National Day, so the overtime pay for these three days is three times the usual salary;

2. The 4th-7th day of the National Day is a weekend holiday, and you can choose to arrange compensatory rest for the worker without paying overtime wages, if you do not give compensatory leave, the overtime salary should be twice the salary of the usual post.

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. If a worker is arranged to extend the working hours, he 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 leave, he shall be paid a wage remuneration of not less than 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.

Article 40 of the Labor Law of the People's Republic of China.

Employers shall arrange leave for 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 as provided for by laws and regulations.

It is not illegal to take a 5-day holiday on National Day. In fact, the three days of the National Day are statutory holidays, and the rest of the four days are normal weekend holidays. If you work during the four days of compensatory leave, you will be required to pay overtime at a rate not less than 200% of the employee's average daily or hourly wage for the previous month.

Legal basis. National Festivals and Memorial Day Holiday Measures" Article 2 of the holiday festival for all citizens:

1) New Year's Day, 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) Qingming Festival, 1 day off (on the day of Qingming 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).

No way. According to Article 2 of the "National Holidays and Memorial Day Holiday Methods", National Day and 3 days off (October 1, 2, 3). However, every year, the *** office will issue a notice to transfer according to the situation, and take a 7-day break. This is the week before and after the adjustment.

Sixth, the day. For example, the National Day holiday in 2018 is from October 1 to October 7, and work will be held on September 29 (Saturday) and September 30 (Sunday).

National festivals and commemorative days for holidays.

Article 2.

Of course not, this is all unified by the country, and you have to take seven days off, unless some people don't like to rest, or want to earn three times the salary for three days.

There is more than one day off for National Day, and if you count the holiday after the compensatory holiday, it should be five to seven days.