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You can sue, but you have to be mentally prepared to look for a new job.
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Aviation? Bank? The armed police industry will have holidays in accordance with regulations, but the total number of national statutory holidays on duty will be increased by 1 day, that is, from the current 10 days to 11 days.
2. Adjust the schedule of national statutory holidays: 1 day off on New Year's Day remains unchanged; The Spring Festival holiday remains unchanged for 3 days, but the starting time of the holiday is adjusted from the first day of the first lunar month to Chinese New Year's Eve; "May Day" International Labor Day has been adjusted from 3 days to 1 day, a decrease of 2 days; The "Eleventh" National Day holiday remains unchanged for 3 days; Qingming Festival (April 5 of the Gregorian calendar), Dragon Boat Festival, and Mid-Autumn Festival are added as national statutory holidays, with 1 day off each (if the lunar festival falls into a leap month, the first month will be a holiday).
3. It is allowed to move up and down on weekends, and form consecutive holidays with statutory holidays.
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It's okay to complain!! On national holidays, if you work overtime or do not take a break, you can get three times your daily salary for one day.
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Yes, this is expressly provided for by law.
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Yes. See if there is such a clause in the law.
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Hey, life. It's not the same with our decorating company. We go to work when others are on vacation. Hey, service industry, no way!
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We are the same, we don't let go of any day, and our wages are not paid
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Your position is very special, and it is hard for you. **。
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It is illegal for an employer not to take a holiday on a statutory holiday without a valid reason. National statutory holidays include Labor Day, Dragon Boat Festival, Mid-Autumn Festival, New Year's Day, Spring Festival, Qingming Festival, and National Day. During statutory holidays, the employer shall pay wages to employees in accordance with the provisions of the labor contract.
If an employer arranges an employee to work overtime during a statutory holiday, it shall pay a wage not less than three times the usual wage.
Legal Analysis: It is illegal for an employer not to take a holiday on a statutory holiday without a valid reason. National statutory holidays include Labor Day, Dragon Boat Festival, Mid-Autumn Festival, New Year's Day, Spring Festival, Qingming Festival, and National Day.
During statutory holidays, the employer shall pay wages to employees in accordance with the provisions of the labor contract. If an employer arranges an employee to work overtime during a statutory holiday, it shall pay a wage not less than three times the usual wage. The employer shall pay the employee a wage higher than the employee's normal working hour wage 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) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, 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 statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages. If the company does not take holidays in accordance with the regulations and does not pay the remuneration for extended working hours in accordance with the regulations, the employee can file a complaint with the trade union organization and the local labor administrative department.
First of all, during the statutory holidays of the national citizens' holidays stipulated by the laws of China, the employer needs to arrange the leave of the employee in accordance with the law. If the employer is unable to arrange leave for the employee on statutory holidays due to the needs of production and operation, it shall pay the employee three times the salary.
Therefore, if the company does not have a holiday on a statutory holiday, the employee can request the employer to pay three times the salary according to the law. If the employer refuses to pay triple the salary and does not arrange holidays, the employee can file a complaint with the labor and social security supervision department, or directly apply to the labor dispute arbitration commission to request the employer to pay three times the wage.
Legal basis: Article 2 of the Measures for Holidays on National Festivals and Memorial Days: (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) 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).
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Legal Analysis: Illegal. The law stipulates that statutory holidays must be closed, and those who do not take holidays must pay 3 times the salary, and all enterprises must abide by it.
Legal basis: Article 40 of the Labor Law of the People's Republic of China An 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; (4) National Day; (5) Other holidays and holidays provided for by laws and regulations.
Article 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.
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) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, 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 statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
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In order to protect the interests of workers, Article 44 of the Labor Law of the People's Republic of China stipulates that those who fail to rest on holidays shall be paid more to compensate workers; According to the regulations, overtime work on general rest days can be arranged with compensatory leave, and only 200% of the overtime salary will be paid to compensate for compensatory work on compensatory days. However, 300% of the overtime pay must be paid for overtime work on statutory holidays, and compensatory time off cannot be used as a substitute for paying overtime remuneration on statutory holidays.
(3) Where 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.
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If you owe me wages, you will be punished with three hundred, you will have a holiday, and if you don't take a holiday, you will die, and you will be on vacation immediately.
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Legal Analysis: Not Illegal. Statutory holidays belong to the rest time of employees, but the employer may arrange for employees to work on statutory holidays after consultation with the labor union and the workers according to the needs of production and operation.
However, the employer should pay the employee overtime pay for the extended working hours.
Legal basis: Labor Law of the People's Republic of China
Article 41 Due to the needs of production and operation, the working hours of the units employing the mold may be extended after consultation with the trade unions and laborers, and generally shall not exceed one hour per day; If it is necessary to extend the working hours and hold the interval 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 worker.
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It is not illegal to have no holidays on holidays. Song Linghui is defined as follows:
1. Statutory holidays include New Year, Spring Festival, Qingming Festival, Labor Day, Dragon Boat Festival, Mid-Autumn Festival, and National Day;
2. It is not illegal to have no holidays on holidays, but it is illegal, and the relative wages must be paid within the relative range.
Labor law: overtime is not paid, and you can complain.
If overtime is not paid, you can file a complaint with the labor inspectorate at the workplace. As follows:
1. Complainant's ID card;
2. Labor contract;
3. Work permits, service certificates and other documents that can prove the identity issued by the employer to the employee;
4. Wage payment vouchers or records, and records of payment of various social insurance premiums;
5. Recruitment records such as the employer's recruitment registration form and registration form filled in by the worker;
6. Attendance records;
7. Other materials to prove the labor relationship.
[Legal basis].Article 41 of the Labor Law of the People's Republic of China.
Due to the needs of production and operation, the employer may, after consultation with the labor union and the employee, extend the working hours, which shall generally 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.
Article 44.
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) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid;
3) If a worker is scheduled to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of the wage.
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It is not illegal for schools not to have holidays on national statutory holidays, but it is a violation. Students are not workers and are not subject to the adjustment of the Labor Contract Law, teachers can be counted as overtime wages, and the school does not pay them, and can file a complaint with the Labor Bureau.
Due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, 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.
Due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, 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.
If the employer arranges overtime work for employees on holidays, it shall pay overtime wages not less than 300% of the daily or hourly wages of the workers carried by the Labor and Welfare Bureau; If the employer arranges for the employee to work overtime on the rest day, it may arrange compensatory rest for the employee without paying overtime wages, and if it does not give the employee compensatory leave, it shall pay the overtime wage at a rate not less than 200% of the employee's daily or hourly wage.
[Legal basis].Article 4 of the Labor Law of the People's Republic of China.
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