Is it legal to take a double day off? Is it legal for the company to work with one day off?

Hello. According to the labor law, the employer guarantees that the employee has at least one day off, so it is also legal to have one day off per week! It's just that our country belongs to the eight-hour working day and the five-day work week, and if you exceed the time, you should be paid overtime wages!

On this point, if the negotiation fails, you can apply for labor arbitration!

If the employer arranges overtime work for the employee on holidays, it shall pay the employee overtime wages at a rate not less than 300% of the employee's daily or hourly wage; If the employer arranges for the employee to work overtime on the rest day, it may arrange compensatory rest for the employee without paying overtime wages, and if no compensatory rest is given, it shall pay overtime wages at a rate not less than 200% of the employee's daily or hourly wage.

The calculation method of overtime pay on working days: monthly wage, overtime hours, times;

Calculation method of overtime pay on weekends and weekends: 2 times the number of overtime hours of monthly wages;

The calculation method of overtime pay on statutory holidays is 3 times the monthly salary and overtime hours.

Evidence to prove overtime hours mainly includes: attendance sheets, timecards, overtime approval forms, overtime notices, surveillance videos, witness testimony, written records of the work done during overtime, e-mails, etc.

Article 44 of the Labor Law In 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) 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.

Legal Analysis: This practice of the company is legal. The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed 44 hours.

Legal basis: Labor Law of the People's Republic of China

Article 36 The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Article 38 The employer shall ensure that the worker has at least one day off per week.

Single days off is legal. The state stipulates that the company must arrange one day off for employees every week, and there is no provision that there must be two days off every week.

Calculation method of overtime pay for single leave:

1. Ordinary overtime wages = salary income overtime hours;

2. Overtime wages on weekends = wage income overtime hours;

3. Overtime wages on statutory holidays = salary income overtime hours;

There are several situations in which it is legal to take a single day off on weekends:

1. The real-time standard working hours system of the enterprise ensures that employees can take at least one day off a week, and the working hours per week are within 40 hours, which is a legal behavior;

2. The enterprise implements other work and rest methods such as irregular working hours system, comprehensive calculation of working hours system, etc. But even so, it must be strictly implemented in accordance with the law, especially the work debate time in a cycle must be strictly controlled;

3. If the enterprise implements a standard working hour system and arranges employees to work overtime on weekends, it is legal to ensure that employees can have at least one day off per week, and after consultation with employees, with the consent of employees, extend the working hours by no more than 36 hours per month, and pay overtime pay in a timely manner according to law.

Legal basisArticle 36 of the Labor Contract Law of the People's Republic of China.

The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours, and the average working hours per week shall not exceed 44 hours in flat socks.

Article 38.

The employer shall ensure that the employee has at least one day off per week.

It can be legal, according to the relevant labor law, the employer guarantees that the worker has at least one day off, so it is also legal to have one day off per week! It's just that my hand Li Guo belongs to the eight-hour work system and the five-day work week, and if he exceeds the time, he should be paid overtime wages! On this point, if the negotiation fails, you can apply for labor arbitration!

Legal basis: Article 44 of the Labor Law In 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) 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% of the salary after the completion of the auction.

Legal Analysis: Legal. The employer shall ensure that the employee has at least one day off per week.

Legal basis: such as the Labor Law of the People's Republic of China

Article 3 Persons with a labor delay shall enjoy the right to equal employment and choice of occupation, the right to obtain remuneration for disturbing 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 by law.

Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

Article 38 The employer shall ensure that the worker has at least one day off per week.

Legal analysis: The right to rest is a basic right granted to workers by the Constitution of our country and labor laws and regulations, and it is the time that workers do not have to engage in production and work in accordance with the law, but are free to dispose of time. If you are allowed to take at least one day off per week, without exceeding the statutory overtime limit, and with the approval of the Human Resources and Social Security Bureau, a single rest under the special working hours system is legal.

It doesn't have to be weeks.

6. Closed on Sundays, any day of the week can be arranged.

Legal basis: Article 38 of the Labor Law of the People's Republic of China stipulates that "the employer shall ensure that the employee has at least one day off per week. ”