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Yongjia County Qiaotou Town, Baiyang Industrial Zone, Shangqu Industrial Qingming Festival does not have a holiday, workers have long wanted to take a day off, busy for more than a month, originally rested on the 1st of each month, no rest workers and see the Qingming Festival or do not let go and do not double wages.
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Labor Law of the People's Republic of China
Article 3 Workers shall enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights provided for by law.
Article 40 An employer shall arrange leave for its employees during the following holidays in accordance with law:
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 the wages and remunerations higher than the wages of the workers 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.
Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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OK. 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. Rest on statutory holidays is the legitimate right of employees, and the law stipulates that if an employer requires an employee to work on a statutory holiday, it shall pay three times the salary in accordance with the Labor Law, and if the employer refuses to pay, the employee may file a complaint with the labor bureau and other departments.
Article 88 of the Labor Law of the People's Republic of China provides that trade unions at all levels shall safeguard the legitimate rights and interests of workers in accordance with the law, and shall supervise the employers' compliance with labor laws and regulations.
Any organization or individual has the right to report and accuse for violations of labor laws and regulations.
Article 90 of the Labor Law of the People's Republic of China stipulates that if an employer extends the working hours of an employee in violation of the provisions of this Law, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine.
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Therefore, if the company does not have a holiday, the employee can request the employer to pay three times the salary according to the law. If the employer refuses to pay three times the salary and remuneration and is not worried about the 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 demand that the employer pay three times the salary.
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Yes. If an enterprise fails to take leave or pay overtime compensation in accordance with regulations, workers may file a complaint with the trade union organization and the local labor administrative department.
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If it is for production and business needs, it is not uncommon to have no holiday on statutory holidays, but it is illegal to pay the wage remuneration of not less than 200% of the wages stipulated in the third paragraph of Article 44 of the Labor Law. Only in the case of illegal acts in the unit, the complaint to the Labor Bureau for restructuring will be dismissed and subject to suspicion.
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Here's how to report without a holiday on Labor Day:
1. You can complain to the labor inspection brigade of the local labor bureau or the labor arbitration commission;
2. If the company has a superior supervisory unit, it can also complain to the superior competent unit;
3. If the worker does have evidence, he can report it to the local labor administrative department.
Is it illegal to take exams on statutory holidays?
Statutory holiday exams are not illegal, but they are illegal. The details are as follows:
1. Parents or guardians can complain by letter, text message, **, Internet or to the local education department;
2. Schools must not occupy national statutory holidays, rest days, and winter and summer vacations to organize collective make-up classes for minor students in the compulsory education stage, increasing their learning burden.
Legal basis: Article 44 of the Labor Law of the People's Republic of China.
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 person who is scheduled to work on a rest day and cannot arrange a compensatory holiday, he shall be paid a wage remuneration of not less than 200 percent of his wages;
3) If a worker is scheduled to work on a statutory holiday, he shall be paid a wage remuneration of not less than 300% of his wages.
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On May Day, I will take a day off and complain to which department.
Kiss! Hello! We're happy to answer for you! <>
On May Day, I took a day off and complained to the labor and social security administrative department. After receiving a report, the labor and social security administrative department will take the initiative to carry out an investigation. Legal basis:
Article 9 of the Regulations on the Supervision of Labor and Social Security provides that any organization or individual has the right to report to the administrative department for labor security any violation of laws, regulations or rules on labor security. If the employee believes that the employer has infringed upon his legitimate rights and interests in labor security, he has the right to file a complaint with the labor security administrative department. The administrative department for labor and social security shall keep the whistleblower confidential; Whistleblowers who report truthfully and provide major clues and evidence for the investigation and punishment of major violations of labor security laws, regulations or rules will be rewarded for hunger.
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On May Day, I will take a day off and complain to which department.
Hello, May Day is one of the statutory holidays in China, and according to the provisions of the Labor Law, workers should have a holiday on statutory holidays, except for those who need to work normally. If your employer does not arrange leave in accordance with the statutory regulations, you can complain to the following departments:1
Labor and Social Security Department: If your employer violates the statutory holiday and leave regulations, you can file a complaint with the local Human Resources and Social Security Bureau. 2.
Trade unions: If your organization has a trade union, you can report the situation to the union organization and ask for help. 3.
Supervision department: If your unit is a state-owned enterprise or a public institution, you can report the situation to the local supervision department. When making a complaint, you will need to provide detailed evidence such as work calendars, pay stubs, employment contracts, etc.
If necessary, you can also consult a lawyer or labor security professional to ensure that your rights and interests are protected.
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