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No. The following are the provisions of the labor law regarding working hours and vacations. Chapter 4 of the Labor Law of the People's Republic of China Working Hours, Rest and Vacation Article 36 The State implements a system of working hours in which the daily working hours of laborers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.
Article 37 For laborers 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 stipulated in Article 36 of this Law. Article 38 An employer shall ensure that a worker has at least one day off per week. Article 39 If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of its production, it may, with the approval of the labor administrative department, implement other methods of work and rest.
Article 40 An employer shall arrange for its workers to take leave in accordance with the law during the following holidays: (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 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 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 42: In any of the following circumstances, the extension of working hours is not subject to the restrictions provided for in Article 41 of this Law: (1) Natural disasters, accidents, or other reasons occur that threaten the life, health, or property safety of laborers, and need to be dealt with urgently; (2) Production equipment, transportation lines, or public facilities fail, affecting production and the public interest, and must be repaired in a timely manner; (3) Other circumstances provided for by laws and administrative regulations. Article 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.
Article 44 In any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours according to the following standards: (1) Where the workers are arranged to work longer hours, they shall be paid wages and remunerations 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. Article 45 The State implements a system of paid annual leave.
Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.
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A calculation that has nothing to do with rest days.
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Legal analysis: (1) If the employee has worked for 1 year but less than 10 years, the employee shall take 5 days of annual leave;
2) Employees who have worked for 10 years but less than 20 years shall be entitled to 10 days of annual leave;
3) Employees who have worked for 20 years or more shall take 15 days of annual leave.
National statutory holidays and rest days are not included in the annual leave.
Legal basis: "Implementation Measures for Paid Annual Leave for Employees of Enterprises".
Article 3 Employees who have worked continuously for more than 12 months shall be entitled to paid annual leave.
Article 5 Paragraph 1 Where an employee joins an employer and meets the requirements of Article 3 of these Measures, the number of days of annual leave in the current year shall be determined according to the number of remaining calendar days in the unit, and the part that is less than one full day after conversion shall not be entitled to annual leave.
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There is annual leave. Provisions on annual leave with paid compensation: 1. Meaning of paid annual leavePaid annual leave is a certain period of continuous rest that an employee enjoys in accordance with the law every year after working continuously for one year.
II. Conditions for Workers to Enjoy Paid Annual LeaveEmployees of organs, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, etc., who have worked continuously for more than one year, are entitled to paid annual leave (hereinafter referred to as annual leave). The employer shall ensure that the employee is entitled to annual leave. 3. Paid annual leave:
1) Employees who have worked for 1 year but less than 10 years shall take 5 days of annual leave; (2) Where 10 years have been completed but less than 20 years, 10 days of annual leave; (3) For those who have completed 20 years, the annual leave is 15 days. National statutory holidays and rest days are not included in the annual leave. 4. Employees are not entitled to paid annual leave for the current year If the employee has any of the following circumstances, he or she shall not be entitled to the annual leave of the current year:
1) Employees enjoy winter and summer vacations in accordance with the law, and the number of days of vacation exceeds the number of days of annual leave; (2) The employee takes personal leave for more than 20 days and the unit does not deduct wages in accordance with regulations; (3) Employees who have worked for 1 year but less than 10 years and take sick leave for more than 2 months; (4) Employees who have worked for 10 years but less than 20 years and have taken sick leave for more than 3 months; (5) Employees who have worked for more than 20 years and have taken sick leave for more than 4 months. Article 4 of the Regulations on Paid Annual Leave for Employees Employees shall not be entitled to the annual leave of the current year under any of the following circumstances: (1) The employee enjoys winter and summer vacations in accordance with the law, and the number of days of vacation exceeds the number of days of annual leave; (2) The employee takes personal leave for more than 20 days and the unit does not deduct wages in accordance with regulations; (3) Employees who have worked for 1 year but less than 10 years and have taken sick leave for more than 2 months; (4) Employees who have worked for 10 years but less than 20 years and have taken sick leave for more than 3 months; (5) Employees who have worked for more than 20 years and have taken sick leave for more than 4 months.
Article 4 of the Regulations on Paid Leave for Employees shall not be entitled to the annual leave of the current year under any of the following circumstances: (1) The employee enjoys winter and summer vacations in accordance with the law, and the number of vacation days exceeds the number of annual leave days; (2) The employee takes personal leave for more than 20 days and the unit does not deduct wages in accordance with regulations; (3) Employees who have worked for 1 year but less than 10 years and have taken sick leave for more than 2 months; (4) Employees who have worked for 10 years but less than 20 years and have taken sick leave for more than 3 months; (5) Employees who have worked for more than 20 years and have taken sick leave for more than 4 months.
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1) Employees who have worked for 1 year but less than 10 years shall take 5 days of annual leave;
2) Employees who have worked for 10 years but less than 20 years shall take 10 days of annual leave;
3) Employees who have worked for 20 years or more shall take 15 days of annual leave.
National statutory holidays and rest days are not included in the annual leave.
1. The latest regulations on paid annual leave.
1. If the staff has worked in the workplace for more than 1 year, but the work has been done for less than 10 years, the paid annual leave is 5 days. 2. If the employee has worked in the workplace for more than 10 years, but the working time is less than 20 years, the paid annual leave is 10 days. 3. If you have worked in the workplace for more than 20 years, the paid annual leave is 15 days.
Article 3 of the Regulations on Paid Annual Leave for Employees stipulates that if an employee has worked for 1 year but less than 10 years, he or she shall take 5 days of annual leave. If the employee has completed 10 years but is less than 20 years, the annual leave is 10 days. Those who have completed 20 years of leave will take 15 days of annual leave.
National statutory holidays and rest days are not included in the annual leave.
2. Is there annual leave for labor dispatch?
Labor dispatch employees have annual leave, and labor dispatch employees who have worked continuously for more than 1 year are entitled to paid annual leave, and employees who have worked for 1 year but less than 10 years are entitled to annual leave of 5 days; If the employee has completed 10 years but is less than 20 years, the annual leave is 10 days. Those who have completed 20 years of leave will take 15 days of annual leave. National statutory holidays and rest days are not included in the annual leave. Article 2 of the Regulations on Paid Annual Leave for Employees stipulates that employees of government agencies, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial units with employees, etc., who have worked continuously for more than one year, are entitled to paid annual leave (hereinafter referred to as annual leave).
The employer shall ensure that the employee is entitled to annual leave. Employees are entitled to the same salary during the annual leave period as they would during normal work.
3. How many days of paid annual leave.
The number of days of paid annual leave is calculated according to the cumulative number of years of service of the employee, and if the employee has worked for 1 year but less than 10 years, the annual leave is 5 days;
If the employee has completed 10 years but is less than 20 years, the annual leave is 10 days. Those who have completed 20 years of leave will take 15 days of annual leave. National statutory holidays and rest days are not included in the number of days of annual leave.
Employees who have any of the following circumstances are not entitled to the annual leave of the current year:
1) Employees enjoy winter and summer vacations in accordance with the law, and the number of days of vacation exceeds the number of days of annual leave;
(2) The employee takes personal leave for more than 20 days and the unit does not deduct wages in accordance with regulations;
(3) Employees who have worked for 1 year but less than 10 years and have taken sick leave for more than 2 months;
(4) Employees who have worked for 10 years but less than 20 years and have taken sick leave for more than 3 months;
(5) Employees who have worked for more than 20 years and have taken sick leave for more than 4 months.
Measures for the Implementation of Paid Annual Leave for Employees of Enterprises".
Article 3 Employees who have worked continuously for more than 12 months shall enjoy paid annual leave.
In the first paragraph of Article 5, if an employee joins the employer and meets the requirements of Article 3 of these Measures, the number of annual leave days in the current year shall be calculated according to the remaining calendar days in the unit, and the part that is less than one full day after conversion shall not be entitled to annual leave.
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Legal analysis: (1) If the employee has worked for 1 year but less than 10 years, the employee shall take 5 days of annual leave;
2) Employees who have worked for 10 years but less than 20 years shall take 10 days of annual leave;
3) Employees who have worked for 20 years or more shall have an annual leave of 15 days.
National statutory holidays and rest days are not included in the period of annual leave.
Legal basis: "Implementation Measures for Paid Annual Leave for Employees of Enterprises".
Article 3 Employees who have worked continuously for more than 12 months shall enjoy paid annual leave.
Article 5 Paragraph 1 Where an employee joins the employer and meets the requirements of Article 3 of these Measures, the number of annual leave days of the current year shall be determined according to the conversion of the remaining calendar days in the unit, and the part that is less than one full day after conversion shall not be entitled to annual leave.
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Wages and remuneration refer to the remuneration that a worker receives from an employer on the premise that he or she has provided normal work to the employer. Generally speaking, if the worker does not provide normal labor to the employer, he or she will not be paid. However, since workers are in a disadvantaged position compared with employers, in order to safeguard the interests of workers, the national law stipulates that when employees take paid annual leave, sick leave and other statutory holidays in accordance with the law, and participate in social activities in accordance with the law, they should be deemed to have provided normal work, and the employer should pay wages to the workers.
However, these holidays do not include rest days. In the regulations of the Ministry of Labor and Social Security on the issue of the average monthly working hours of employees and the conversion of wages, rest days are expressly excluded, that is, under normal circumstances, employees do not have wages on rest days, and the wages paid by employers on a monthly basis do not include rest days. Therefore, if an employer arranges an employee to work overtime on a rest day, it should pay 200% of the normal wage stipulated in the Labor Law, and it cannot be considered that the other 100% of the overtime wage has been included in the normal payroll.
Therefore, only 100% of overtime pay is paid.
Article 13 of the Interim Regulations on the Payment of Wages If an employer arranges a worker to work beyond the statutory standard working hours according to actual needs after the worker has completed the work quota or the prescribed work tasks, it shall pay the wages according to the following standards: (1) If the employer arranges for the worker to work longer than the statutory standard working hours in accordance with the law, the employer shall pay the employee's wages at a rate not lower than 150% of the employee's hourly wage standard stipulated in the labor contract; (2) If the employer arranges for the employee to work in filial piety on the rest day in accordance with the law, but cannot arrange compensatory leave, the employer shall pay the employee's wages at a rate not lower than 200% of the employee's daily or hourly wage as stipulated in the labor contract; (3) If the employer arranges for the employee to work on statutory holidays and holidays in accordance with the law, the employer shall pay the employee's salary at a rate not lower than 300% of the employee's daily or hourly wage as stipulated in the labor contract.
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