May I ask whether the leave set by the employer must be premised on the labor law?

A must to enjoy the leave.

Maternity leave: 90 days + 30 days (late childbearing) + 15 days (difficult birth) + 15 days (for each additional baby born to multiple births).

Prenatal examination: Prenatal examination (including the initial examination within 12 weeks of pregnancy) carried out by a female employee during pregnancy within the working hours agreed upon by the health care institution shall be counted as working time. (Some enterprises count the time for prenatal check-ups for pregnant female employees during working hours as sick leave, absenteeism, etc., infringing on the legitimate rights and interests of female employees).

Prenatal leave: If you are pregnant for more than seven months, you will have a one-hour break every day, and night work shall not be arranged.

2. If the work permit is approved by the employer, you can take leave.

Prenatal leave: If you are pregnant for more than 7 months, if you have a work permit, you can take two and a half months of prenatal leave upon application and approval by your employer.

Breastfeeding leave: After giving birth, if a female employee has difficulties and a work permit, she shall apply for it by herself and be approved by the unit, which can be described as a breastfeeding leave of six and a half months.

Fetal leave: The doctor will issue a certificate and be treated as sick leave.

Provisions for the treatment of the relevant leave.

1. For pregnancy leave, wages are paid according to sick leave.

2. For prenatal leave, the salary shall be paid according to 80%.

3. Maternity leave and maternity living allowance.

4. Breastfeeding leave shall be paid at 80% of wages for six and a half months, and 70% for the extended period. When the special labor protection rights of female employees are infringed, female employees may take the following measures to protect their legitimate rights and interests:

The first is to appeal to the competent department of the enterprise or the labor inspection department.

The second is to apply to the Labor Dispute Arbitration Commission for arbitration. It should be noted that it should be within 60 days from the date of occurrence of the labor dispute.

Third, if the person is dissatisfied with the decision of the labor administrative department or the arbitral award, he may file a lawsuit with the people's court.

One thing to add: the 90 days of maternity leave includes weekends and national holidays.

The 30-day late maternity leave includes weekends but does not include national holidays.

Lodge a complaint with the Labor Bureau for resolution.

Labor Day is a statutory holiday. It is defined as follows:

1. May 1 statutory holiday, that is, May 1 day;

2. Statutory holidays are determined by China's laws and regulations;

3. The law repents of old holidays, including the Spring Festival; New Year’s Day; Mid-autumn festival; Labor; Ching ming festival; Dragon boat festival; National Day liquid liters.

How much does it cost to work on May 1st holiday?

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 a rest day and cannot arrange a compensatory break, the wage remuneration shall not be 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 2 of the "Decision on Amending the Measures for National Festivals and Memorial Day Holidays".

A holiday 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) Before the Qingming Festival, 1 day off (on the day of the Qingming Festival 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).

What are the statutory holidays under the new labor law? According to Article 40 of the Labor Law, the 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.

Calculation of overtime wages: The Ministry of Labor and Social Security issued a notice on January 10, 2008 that according to the latest national holiday measures for annual festivals and anniversaries, the holiday leave has been increased from the original 10 days to 11 days, and the average number of days worked by the system and the wage conversion method for employees throughout the year have been adjusted respectively. For the first time, the "monthly paid days" (days) are used instead of the previous "monthly working days" (days) to calculate the overtime pay base, so the overtime pay for returning workers on holidays is slightly reduced compared to the previous one.

In addition, according to the Notice on Issues Concerning the Conversion of Average Monthly Working Hours and Wages of Employees throughout the Year, and in accordance with the provisions of the Measures for Holidays on National Festivals and Memorial Days, the system working hours of employees (i.e., the total number of days in a year minus rest days and statutory holidays) are reduced from the previous 251 days to 250 days, and the monthly working days are adjusted from the current days to days. The "Circular" also put forward for the first time the concept of "monthly salary days" to calculate daily wages and hourly wages, and the so-called three salaries for overtime work on holidays and double pay for overtime on public holidays are calculated based on daily wages and hourly wages. The Circular clearly points out that, in accordance with Article 51 of the Labor Law, the employer shall pay wages on statutory holidays in accordance with the law, that is to say, wages shall be calculated even if no work is performed on 11 holidays, excluding the 104 weekends that are not paid, and the number of monthly wage days shall be (365-104) 12, i.e., days, and then the monthly wage income shall be divided by the late wage to obtain the daily wage level.

Taking the current average monthly wage in Beijing as an example of 3,008 yuan, workers should be paid three or double salaries based on the base of overtime work on holidays.

The above is the lawyer's question about the statutory holidays stipulated in the new labor law, I hope it will be helpful to you.

According to the laws and regulations of our country, (1) New Year's Day; (2) Spring Festival; (3) International Labor Day; (4) National Day Celebration and Festival; (5) Other holidays and holidays provided for by laws and regulations. Article 40 of the Labor Law stipulates that 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.

The calculation of overtime pay shall be calculated in accordance with the method stipulated in the Labor Law

1. Overtime on rest days: If the worker is arranged to work on a rest day, overtime pay shall be paid in accordance with the second paragraph of Article 44 of the Labor Law, that is, the overtime pay shall not be less than 200% of the wage.

2. Overtime on statutory holidays: According to the second article of the "Measures for Holidays on National Festivals and Memorial Days" (Order No. 270) promulgated on September 18, 1999, the holiday for all citizens is changed from the original 7 days to 10 days, namely:

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) Labor Day, 3 days off (May 1, 2, 3);

4) National Day, 3 days off (October 1, 2, 3).

In other words, the above dates are statutory holidays, and if the employee is arranged to work on the above date, overtime pay shall be paid in accordance with paragraph 3 of Article 44 of the Labor Law, that is, overtime pay shall not be less than 300% of the wage.

3. Overtime at piece-rate wages: According to Article 13 of the Interim Provisions on Wage Payment, "if a worker who implements piece-rate wages is arranged by the employer to extend his working hours after completing the piece-rate quota task, he shall be paid his wages at a rate not less than % of the unit price of his legal working hours in accordance with the principles stipulated above."

With the approval of the labor administrative department to implement the system of comprehensive calculation of working hours, the part of the comprehensive calculation of working hours exceeding the statutory standard working hours shall be regarded as extended working hours, and the wages for the extended working hours shall be paid to the workers in accordance with these provisions. Employees who practice the irregular working hours system are not subject to the above provisions. ”

4. Comprehensive calculation of working hours: According to the Notice on the Conversion of Employees' Average Monthly Working Hours and Wages issued by the Ministry of Labor and Social Security of China on March 17, 2000, "the average monthly working days and working hours of employees throughout the year are adjusted to days and hours respectively.

Therefore, if the average number of working days per month exceeds the number of days, or if the average monthly working hours exceed the hours, it shall be regarded as an additional point, and overtime pay shall be paid in accordance with the first paragraph of Article 44 of the Labor Law, that is, the overtime pay shall not be less than 150% of the wage.

1. International Labor Day, also known as "May Day" and "Brother Xun International Demonstration Day", is a national holiday in more than 80 countries in the world. It is scheduled for May 1 of each year. It is a festival shared by working people all over the world.

2. The significance of International Labor Day lies in the fact that workers have won their legitimate rights and interests through struggle and with tenacious, heroic and unyielding fighting spirit, which is the historic progress of human civilization and democracy, which is the essence of May Day. That's why people pay so much attention to Labor Day.

3. After the founding of the People's Republic of China, the People's Government Council designated May 1 as the statutory Labor Day in December 1949, and the country had a day off. On this day every year, the whole country celebrates, people put on festive costumes, happily gather in parks, theaters, squares, participate in various celebration rallies or cultural, sports and entertainment activities, and commend workers who have made outstanding contributions.

On September 18, after revision, the annual Spring Festival, "May Day" and National Day statutory holidays plus the holiday, the national holiday of 7 days, forming 3 "** weeks".

On December 14, China's second revision revised the start time of the Spring Festival holiday from the first day of the first lunar month to Chinese New Year's Eve; "May Day" was adjusted from 7 days to 3 days, a decrease of 4 days; Qingming, Dragon Boat Festival and Mid-Autumn Festival are added as statutory holidays, each with a 3-day holiday. May Day week will also be history. Since 2008, the May Day week has become a 3-day holiday.

Legal analysis: In compliance with the provisions of the Labor Law, the state implements a working hours system in which the daily working hours of workers do not exceed eight hours and the average weekly working hours do not exceed forty-four hours.

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

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

Article 39 Where an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may, with the approval of the labor administrative department, implement other work and rest measures.