China Labor Law
Working hours, rest and vacations
Article 36: The state stipulates that workers shall work no more than eight hours a day and average weekly work A working hour system that does not exceed forty-four hours.
Article 37 The employer shall reasonably determine the labor quota and piece-rate remuneration standards for workers who perform piece-rate work based on the working hours system stipulated in Article 36 of this Law.
Article 38 The employer shall ensure that workers have at least one day off per week.
Article 39 If an enterprise cannot implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may adopt other work and rest measures with the approval of the labor administrative department.
Article 40 The employer shall arrange leave for workers on the following holidays in accordance with the law: (1) New Year’s Day; (2) Spring Festival; (3) International Labor Day; (4) National Day; (5) Legal Other holidays specified by regulations.
Article 41: Due to production and operation needs, the employer may extend working hours after consultation with the trade union and workers, generally not more than one hour per day; if working hours need to be extended due to special reasons, Under the condition of ensuring the health of workers, extended working hours shall not exceed three hours per day and shall not exceed 36 hours per month.
Article 42 Under any of the following circumstances, extension of working hours is not subject to the restrictions provided in Article 41 of this Law:
(1) Natural disasters or accidents occur Or other reasons that threaten the life, health and property safety of employees and require emergency treatment;?
(2) When production equipment, transportation lines, and public facilities malfunction and affect production and public interests, they must be repaired in time;?
(3) Other circumstances stipulated in laws and administrative regulations.
Article 43 The employer shall not extend the working hours of workers in violation of the provisions of this Law.
Article 44 Under any of the following circumstances, the employer shall pay wages higher than the worker’s wages for normal working hours according to the following standards:
(1) Arrangement of labor If the worker extends working hours, a salary of no less than 150% of the salary shall be paid;
(2) If the worker is arranged to work on rest days but cannot arrange compensatory time off, a salary of no less than 2% of the salary shall be paid Hundreds of wages;?
(3) If workers are arranged to work on statutory holidays, they shall be paid no less than 300% of their wages.
Article 45: The state implements a paid annual leave system. Workers who have worked continuously for more than one year are entitled to paid annual leave. Specific measures shall be formulated by the State Council.
Extended data:
1. Wage calculation
The Ministry of Labor and Social Security issued a notice from June 5438 to October 10, 2008. According to the latest "Leave Measures for National Memorial Days", holidays and days off have been increased from the original 10 days to 11 days, and the average annual working days and wage conversion methods for employees have been adjusted respectively.
In this adjustment, the "monthly paid days" (21.75 days) are used for the first time instead of the previous "monthly working days" (20.92 days) to calculate the overtime wage base. Therefore, workers' overtime wages on holidays are slightly higher than before. There is a decline.
Wages payable
Second, statutory holidays
June 5438, 2008 On October 10, the Ministry of Labor and Social Security issued the "About the Annual Average Employee Notice on Conversion of Working Hours and Wages". According to the national statutory holidays and anniversary leave regulations, the employee system working hours (that is, the total number of days in a year minus rest days and statutory holidays) have been reduced from the previous 251 days to 250 days, and the monthly working days have been reduced from 20.92 days.
The notice also proposed for the first time the concept of "monthly paid days", which is used to calculate daily wages and hourly wages. The commonly known three-paid overtime on holidays and double-paid overtime on public holidays are based on daily wages and hourly wages. Salary based.
The "Notice" clearly states that according to Article 51 of the "Labor Law", employers should pay wages in accordance with the law on statutory holidays. That is to say, wages should be paid even if you do not work on the 11th holiday, excluding the 104th weekend. No salary.
The number of paid days per month should be (365-104)/12, that is, 21.75 days. Then divide the monthly salary income by 21.75 to get the daily salary level. Taking the average monthly wage in Beijing as 3,008 yuan as an example, workers who work overtime on holidays should be paid 138.3 yuan as a three-liang wage.
Third, the number of paid days
In response to the question of whether an extra day of vacation will have an impact on overtime pay, a lawyer from a Beijing law firm confirmed, “The notice clarified a concept, that is, 'Monthly paid days'. Overtime pay should be calculated in this way. The number of paid days per month is only related to weekends and has nothing to do with legal holidays, so it has no impact on overtime pay.
So, in this newly added. In the sense of "monthly paid days", overtime wages are indeed reduced compared to the previous "monthly working days", but no matter how many days of legal holidays are added in the future, it will have no impact on overtime wages.
Previously. The media said that the number of legal holidays per year has been increased from 10 to 11 days in previous years, and workers' overtime wages will be slightly increased according to the new calculation method.
"The previous statement was wrong. The algorithm is wrong. "According to the provisions of the Labor Law, "The employer shall pay wages on statutory holidays in accordance with the law." In the past, both statutory holidays and weekends have been regarded as unpaid wages. The number of remaining days after 365 days is divided by 12 months to obtain the working days of the current month. , calculate daily wages and overtime wages.
However, this algorithm has always been contrary to labor laws, including the "Notice on the Conversion of Average Annual Working Hours and Wages for Employees" which was just abolished in 2000 and added a statutory holiday. The impact on workers is that if they take an extra day off, they will be treated as three wages for overtime work.
Baidu Encyclopedia - Legal Holidays