On September 3, the company did not give holidays, nor did it double its salary, nor did it take com

On September 3, 2015, the employer violated the law by arranging work without compensatory time off and without paying overtime wages, and the employee may file a complaint with the labor inspectorate or apply for labor dispute arbitration to protect his or her rights.

Ministry of Human Resources and Social Security.

Notice on Issues Concerning the Calculation and Payment of Wages for Employees During the Holiday Period on September 3, 2015

Ministry of Human Resources and Social Security (2015) No. 74.

Human Resources and Social Security Departments (Bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government and the Xinjiang Production and Construction Corps

The Notice on the 70th Anniversary of the Victory of the Chinese War of Resistance Against Japanese Aggression and the World Anti-Fascist War (Guo Fa Dian [2015] No. 1) clearly states that the national holiday will be one day off on September 3, 2015. Notice is hereby given on the issue of calculating and paying wages to workers during the holiday on September 3 as follows:

If the employer arranges the employee to work during the holiday on September 3 due to work needs, it shall pay wages and remuneration and arrange compensatory leave; If compensatory leave cannot be arranged, the employee shall be paid wages and remuneration at a rate not less than 200% of the employee's daily or hourly wage.

Ministry of Human Resources and Social Security.

August 18, 2015.

Hello, small companies generally do not follow the legal system, and you don't want to change jobs, so you have to swallow your anger. Unless you don't want to be there for a long time, sort out the relevant materials (such as records and evidence of attendance on statutory holidays, etc.), and go to labor arbitration.

China's labor law clearly stipulates that statutory holidays are not arranged for compensatory leave, and it is necessary to pay the wages of the workers according to 300% of the daily or hourly wage standards stipulated in the labor contract.

According to Article 40 of the Labor Law of the People's Republic of China, an employer shall arrange leave for employees during the following holidays:

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.

Article 44 In any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers 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 wage shall be paid;

2) If a worker is assigned to work on a rest day and cannot take a compensatory break, he shall be paid a wage remuneration of not less than 200% of his wages.

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.

Not everything that stands up in principle can be implemented in real life in an orderly manner. This is the reality, and we need to see this situation clearly, so that we can better understand how this society works. First of all, the enterprise did this in violation of the law, and the employees were able to fight for their corresponding rights if the direct evidence was sufficient according to the complaint.

But do we want to have any effect on ourselves once you do that? Will you continue to keep your job? Will the company allow employees like you to continue working?

Although you have gained your own benefits, the more you will damage, can you accept this situation? Children are reasonable, and adults are generally thoughtful.

It's not that I'm too arrogant, but sometimes there are some things, and everyone has a ** in their hearts, right? Work inspection refers to a kind of behavior of the social security administrative organ to inspect the employing company in accordance with the provisions of the employee or the necessity of the inspection. Why is there no law in accordance with the law to investigate and deal with many violations of discipline and labor deeds?

The purpose is so that no one reports. If no one reports it, it will not be checked, although the view is also wrong, but it is similar in reality, and for this reason. Work law enforcement agencies are not allowed to disturb the company casually.

To put it simply, many small and medium-sized enterprises do not have strict work rules and regulations, attendance sheets, and basic knowledge of technical work, and only rely on some judgment to do a good job.

If the work enforcement department requires the company to provide all kinds of evidence, most of them will let the company terminate its operation and professionally solve the inspection. Therefore, many people may resort to the dark gray method in order to be able to do less. What will become of actively inspecting the company like that?

You should be able to figure it out. Enterprises with this kind of problems, the first enterprise should not be big, large enterprises are more formalized, and the correct treatment of all kinds of benefits for employees can not be wrong, there are many employees, not to mention that there are gang organizations, the rules and regulations of the enterprise are very perfect, so that the various rights and interests of employees will not be harmed, and the enterprise is afraid and unlikely to do so, because large enterprises pay special attention to the development trend of long-term elections, <>

There is an overall plan, it is not easy to bring adverse effects to the company due to some small things, so find a job as much as possible to find a larger enterprise, the salary can be reliable, all kinds of wages are ensured, in turn, the small company itself has few staff, the rules and regulations are not sound, the business puts the personal gains and losses of the enterprise in the first place, because it is unreliable, so all kinds of reasonable and reasonable guarantees can not get a very good performance in him, there is no development plan, earn a point is a point, and even today's enterprise is in, Tomorrow if you have the ability, you will go bankrupt. Because the enterprise is small, there are not many people, and no one leads the enterprise to claim the rights and interests obtained from this kind of labor, and still wants to work in the enterpriseI don't want to fall out with leading cadres because of this small right, everyone thinks so, who will report the company? How will it be checked?

Therefore, friends must be careful and cautious when looking for a job.

This is because some companies know the law and only want to squeeze the rights and interests of workers.

Because many companies know that employees are particularly cowardly and will not defend their rights, they squeeze the value of employees' work.

Because these companies have a very weak sense of law, they feel that it is impossible for employees to go to labor arbitration for some money, so they will do so unscrupulously.

Illegal, the labor law stipulates that overtime work on statutory holidays must be paid three times the salary, and compensatory leave must be given, and statutory holidays can not be paid, but compensatory rest must be given.

First of all, it is necessary to distinguish two concepts, statutory holidays (eleven days, such as the Spring Festival, National Day, etc.) and public holidays (Saturdays and Sundays), the law stipulates that if you work on statutory holidays, you must pay no less than 300% of your salary, and if you work on public holidays, you need to pay 200% of your wages if you can't arrange a holiday in a wage payment cycle, therefore, during the Chinese New Year, there are only 3 days of statutory holidays, therefore, if you go to work on these 3 statutory holidays, you must pay 300% of your salary, and you don't go to work for these 3 days. then the salary is calculated according to normal attendance. The rest of the working time is calculated according to normal attendance, and if there is a public holiday, it depends on whether there is a compensatory holiday, and if there is a compensatory holiday, it is also calculated according to normal attendance.

It's normal to work overtime on vacation, and there's nothing wrong with it.

Statutory holidays and rests after the holiday are three times the salary. Article 44 of the Labor Law stipulates that under 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 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 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. It can be seen that overtime work on only rest days can be avoided by compensatory time off, and statutory holidays are not allowed.

Article 44 of the Labor Law of the People's Republic of China In the event of any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours in accordance with the following standards: (1) If the employee is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; (2) Where a person is assigned to work on a rest day and cannot arrange a compensatory break, 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.

Statutory holidays and rests after the holiday are three times the salary. Article 44 of the Labor Law stipulates that under 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 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 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. It can be seen that overtime work on only rest days can be avoided by compensatory time off, and statutory holidays are not allowed.

Article 44 of the Labor Law of the People's Republic of China In the event of any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours in accordance with the following standards: (1) If the employee is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; (2) Where a person is assigned to work on a rest day and cannot arrange a compensatory break, 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.

According to the relevant laws and regulations, if the employer refuses to pay the three times the salary on holidays, and the negotiation between the employee and the employer is invalid, the employee may initiate labor arbitration on the dispute, and if he is dissatisfied with the arbitration award, he or she may file a lawsuit with the people's court if it complies with the provisions of the law. Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.

Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the labor union or a third party to negotiate with the employer and reach a settlement agreement. Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Article 44 of the Labor Law of the People's Republic of China In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours in accordance with the following standards: (1) If the worker is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; (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 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.

1. Three times the overtime pay has been paid for overtime on statutory holidays, and there is no need to take compensatory leave.

2. In any of the following circumstances under Article 44 of the Labor Law of the People's Republic of China, the employer shall pay wages and remuneration higher than the wages of the workers 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 wage shall be paid;

2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory break, he shall be paid a wage remuneration of not less than 200% of the wage;

3) Where a worker is assigned to work on a statutory holiday, a wage remuneration of not less than 300 percent of the wages shall be paid.