The Spring Festival holiday time of the Labor Bureau is subject to the annual government notice.
Original policy:
Notice of the General Office of the State Council on the arrangement of some holidays in 20021year
The State Council invents electricity [2020] No.27.
People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions and institutions directly under the State Council:
With the approval of the State Council, the specific arrangements for holidays on New Year's Day, Spring Festival, Tomb-Sweeping Day, Labor Day, Dragon Boat Festival, Mid-Autumn Festival and National Day in 2002/KLOC-0 are hereby notified as follows.
1. New Year's Day: 202 1 year 1 month 1 day to 3 days, ***3 days.
2. Spring Festival: February 1 1 to 17, with a holiday of 7 days. Go to work on Sunday, February 7th and Saturday, February 20th.
Three. Tomb-Sweeping Day: There will be a holiday from April 3rd to 5th, lasting ***3 days.
4. Labor Day: May 1 to 5, with 5 days off. Go to work on Sunday, April 25th and Saturday, May 8th.
Five, Dragon Boat Festival: June 12 to 14 holiday, ***3 days.
6. Mid-Autumn Festival: from September 19 to September 2 1 day, it will be closed for 3 days. Go to work on Saturday in September 18.
7. National Day: 10, 1 to 7 days off, ***7 days. Work on September 26th (Sunday), 65438+1October 9th (Saturday).
During holidays, all regions and departments should properly arrange duty and security work. In case of major emergencies, it is necessary to report them in time and properly handle them according to regulations to ensure the people's safety for the holidays.
the General Office of the State Council
165438+20201October 25th
How to calculate your overtime pay during the Spring Festival holiday?
According to the Notice of General Office of the State Council on Some Holiday Arrangements in 20 17,
65438+17 days from October 27th (New Year's Eve) to February 2nd (sixth day). 65438+1Go to work on Sunday, October 22nd and Saturday, February 4th. Among them, 65438+1October 28th (the first day) to 30th (the third day) is the legal holiday of the Spring Festival. According to the relevant laws and regulations, if the employer arranges the laborer to work overtime during this period, it shall pay the overtime pay not less than 300% of the laborer's daily or hourly wage. During the four days from 65438+1October 27th (New Year's Eve), 65438+1October 3rd1(fourth day) to February 2nd (sixth day), if the employer arranges overtime for the workers, it may choose to arrange compensatory time off for the workers without paying overtime. If no compensatory time off is given, overtime pay not less than 200% of the daily or hourly wages of the workers shall be paid.
When calculating overtime pay, the daily wage is converted into the monthly average paid days, and the hourly wage is divided by 8 hours on the basis of the daily wage. When determining the calculation base of overtime wages, if there is a clear agreement on wages in the labor contract, it shall be determined according to the wage standard not lower than the corresponding post of the laborer. If there is no clear agreement on wages in the labor contract, it shall be implemented in accordance with the collective contract. If there is no agreement between the employer and the employee, it shall be determined according to 70% of the employee's monthly salary for normal attendance.
Legal basis:
Labor law of the people's Republic of China
Article 3 Laborers shall enjoy equal employment and choice of occupation, remuneration, rest and vacation, labor safety and health protection, vocational skills training, social insurance and welfare, submission of labor disputes and other labor rights as stipulated by law.
Laborers should complete labor tasks, improve their professional skills, implement labor safety and health laws and regulations, and observe labor discipline and professional ethics. Article 33 employees of an enterprise may sign collective contracts with the enterprise on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, etc. The draft collective contract shall be submitted to the workers' congress or all the workers for discussion and adoption.
Collective contracts are signed by trade unions on behalf of employees and enterprises; Enterprises that have not established trade unions shall be signed by the representatives elected by the employees. Article 40 During the following festivals, the employing unit shall arrange employees' holidays according to law:
(1) New Year's Day;
(2) Spring Festival;
(3) International Labor Day;
(4) National Day;
(five) other holidays as prescribed by laws and regulations. Article 44 Under any of the following circumstances, the employing unit shall pay wages higher than the wages of the workers during their normal working hours according to the following standards:
(1) If the laborer is arranged to work longer hours, he shall be paid no less than 150% of the salary;
(2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 200% of their wages;
(3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.