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There will be fewer holidays, because there are some special positions or companies on duty, so it is said that during the Spring Festival, it is also necessary to work, this situation will generally increase the salary to calculate, generally people who work on holidays will have three times the salary, and the triple salary of overtime during the Spring Festival in 2022020 is the beginning of the first lunar month.
First, the beginning. 2. The third day of the Lunar New Year, that is, January 25, January 26, and January 27, 2020. If you work overtime at other times, you will be paid twice the salary.
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No, if you complain to the Labour Inspectorate and ask for three times the salary in accordance with the law. Instructions for Labor Security Supervision and Complaints: (1) Any organization or individual has the right to report to the labor security supervision agency if the employer violates labor security laws, regulations and rules, and if the whistleblower requests confidentiality, the labor security supervision agency shall keep the informant confidential; Employees have the right to lodge a complaint with the labor inspection agency against the employer's violation of labor security laws, regulations and rules, or infringement of their legitimate rights and interests.
2) The complaint (report) shall provide the full name, office address, name and contact number of the legal representative or person in charge of the complaint (report), the name and contact number of the complainant (report), and the basic appeal of the complained (report) employer. Where violations of labor security laws, regulations, and rules occur within two years and are not discovered by the labor and social security administrative departments, nor are they reported or complained about, the labor and social security supervision organs shall no longer accept them. (3) Complaints (reports) should be realistic, objective and fair to reflect the problem.
The complainant (whistleblower) should respect the staff, truthfully ask the staff's questions, and carefully listen to the staff's explanations of relevant laws, regulations, systems and policies. Avoid problems that may make it impossible to investigate and deal with complaints (reports).
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The situation you mentioned will definitely not be less, because the state stipulates that as long as it is a holiday, he has a standard, for example, if you work overtime on Saturday and Sunday, you can pay 200% of the salary, and if it is a statutory holiday, this is 300%.
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The salary for the Spring Festival holiday is three times the salary from the first day of the first month to the third day of the first month, and the salary is twice the salary for the last four days. Spring Festival, also known as the Lunar New Year, is the first year of the year and is traditionally celebrated.
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Legal analysis: Generally, the Spring Festival statutory holiday is from Chinese New Year's Eve to the fourth and third days of the new year, if you take annual leave in these days, then there is no triple salary; If you work overtime these days, you will be paid three times. If an employee 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.
Therefore, overtime work during annual leave is paid three times.
Legal basis: Regulations on Paid Annual Leave for Employees
Article 2 Employees of government organs, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, and other units shall enjoy paid annual leave (hereinafter referred to as annual leave) if they have worked continuously for more than one year. 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.
Article 3 Employees who have worked for 1 year but less than 10 years shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; 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.
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Legal analysis: Winter vacation workers do not have triple wages during the New Year.
There is no labor relationship for winter vacation workers, and triple wages on national statutory holidays means that if the employee works overtime on national statutory holidays, an additional 300% of the salary will be paid as overtime pay, excluding the double salary that should be paid. National statutory holidays refer to the holidays stipulated by the state, including New Year's Day, Spring Festival, Qingming Festival, Labor Day, Duan Zhaoshen Banquet Lunch Festival, Mid-Autumn Festival and National Day.
Legal basis: Labor Law of the People's Republic of China
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 arrangements are made for those who work for extended working hours, they shall be paid wages and remunerations not less than 150 percent of their wages;
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 shall be paid a wage remuneration of not less than 300 percent of his salary.
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Legal analysis
The triple salary for the Spring Festival is calculated according to the legal holiday of the Spring Festival, that is, at the beginning of the first lunar month.
First, the beginning. The second and third years of junior high school are calculated on the basis of triple wages. Triple wages for holiday overtime are calculated according to the standard agreed in the contract As the base for those who do not agree on wages in the contract, they can be determined according to the actual wages paid, and workers who work overtime on statutory holidays can enjoy three times the salary compensation.
Legal basis
Labor Law of the People's Republic of China Article 44 In any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the workers for normal working hours in accordance with the following standards:
If a worker is arranged to work longer hours, he shall be paid a wage remuneration of not less than 150% of his wages;
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 shall be paid a wage remuneration of not less than 300 percent of his wages.
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Legal analysis: Winter vacation workers have three times the salary for the New Year, and the New Year's holiday is a statutory working day, and the employee who is assigned to work on the statutory holiday day shall be paid a wage remuneration of not less than 300% of the salary.
Legal basis: Labor Law of the People's Republic of China 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 in accordance with the following standards: (1) If the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150% of the wages; 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) 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.
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