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Statutory holidays do not include compensatory holidays.
China's statutory holidays are a total of 11 days, namely New Year's Day, Spring Festival, Qingming Festival, Labor Day, Dragon Boat Festival, Mid-Autumn Festival, and National Day, which enjoy their irreplaceable and important commemorative significance. Overtime on statutory holidays not only cannot be arranged for compensatory holidays, but also should be given higher wages and remunerations, and wages and remunerations of not less than 300% of wages should be paid.
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1. National statutory holidays cannot be compensated, and overtime wages must be paid to workers.
2. In accordance with 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) 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 holiday, 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.
3. If an employer arranges overtime work for an employee on a statutory holiday, it must pay the overtime wage at a rate not lower than 300% of the employee's own salary or the overtime wage base agreed upon in accordance with the law, and shall not substitute it in the form of compensatory leave.
Article 44 of the Labor Law of the People's Republic of China 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 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) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, 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.
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Legal analysis: Statutory holidays are the rest time used to celebrate the festival as stipulated by national laws, and the employees of enterprises and institutions across the country are required to take a holiday. If a worker is arranged to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300% of the salary of the accompanying employee.
Legal basis: Labor Law of the People's Republic of China Article 40 Employers shall arrange vacations for workers during the following festivals: chaos (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.
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No. National statutory holidays cannot be compensated, and overtime pay must be paid to employees.
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Statutory holidays are not allowed.
If an employee works overtime on a statutory holiday, it is impossible to make the employee enjoy the relevant rights of the statutory holiday by arranging compensatory leave, so if the employee works overtime on a statutory holiday, the employer cannot arrange the compensatory leave, but must pay the employee overtime pay.
If the employer arranges for the employee to work on a rest day in accordance with the law, but cannot arrange a compensatory break, the employer shall pay the employee wages at a rate not lower than 200% of the employee's daily or hourly wage as stipulated in the labor contractIf the employer arranges for the employee to work on the statutory holiday day in accordance with the law, the employer shall pay the employee wages 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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Be.
Qingming is an ancient festival of the Chinese nation, which is not only a solemn festival for sweeping tombs and worshiping ancestors, but also a joyful festival for people to get close to nature, go out to play, and enjoy the fun of spring. The Qingming solar term is generally around April 5 of the Gregorian calendar, that is, the 15th day after the spring equinox. At this time, the vitality is vigorous, the yin qi declines, all things "spit out the old and accept the new", and the earth presents the image of spring and scenery, which is a good time for the suburbs to go on a youth tour and perform the tomb sacrifice. >>>More
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If the loan is on the weekend before the holiday (September 27 and September 28), then it is possible to work for 9 consecutive days from September 22 to September 30 before the National Day, and if the loan is on the weekend after the holiday (October 11 and October 12), then it may be possible to work for 10 consecutive days from October 8 to October 17 after the holiday.