Can the comprehensive working hours system enjoy paid legal holidays?
Case: Yang Yang is a shop assistant in a shopping mall and abides by the comprehensive working hours system. According to the company's work arrangement, Yang Yang should go to work on National Day this year. But Yang Yang wants to go out to play with friends, so he asks for leave from the mall and doesn't go to work on National Day. When the salary was paid at the end of the month, Yang Yang found that his salary was one day short. Therefore, Yang Yang thinks that the company deducted his own money because he asked for leave on National Day. Because the law stipulates that National Day is a legal holiday, and workers enjoy paid holidays. So Yang Yang thinks that companies should not deduct their own money. Legal Focus: Highlights of Yang Yang Issue: Should workers also enjoy paid vacation under the comprehensive working hours system? Can the company deduct money if it refuses to go to work on legal holidays? Legal analysis: China's "Labor Law" does clearly stipulate that workers enjoy paid legal holidays. Those who work overtime on legal holidays shall pay overtime pay at three times the wage standard. Under the comprehensive working hours system, those who work overtime on holidays will also be paid overtime according to three times the salary standard. However, under the comprehensive working hours system, the normal shift of workers is on legal holidays, and workers are not at work. Can the company deduct the workers' wages for the day? The crux of the problem is that the comprehensive working hours are based on the working hours in a certain period, and generally cannot exceed 167 hours a month. As long as the working hours of the workers reach 167 hours within one month, they should be paid in full. Therefore, the key to Yang Yang's case is not whether he works on National Day, but whether his working hours in a month have reached 167 hours. If not, the company has the right to deduct part of the salary.