Generally speaking, the Spring Festival is a seven-day holiday, and the first to third day of the first lunar month is a national legal holiday. The employing unit shall pay overtime wages not less than 300% of the daily or hourly wages of the workers within these three days. On New Year's Eve, the fourth day of the first month, and the sixth day of the first month, if overtime is arranged, workers can be given compensatory time off or pay twice the overtime pay.
So besides the Spring Festival, what other holidays can you ask for triple pay for overtime?
In addition to the first, second and third days of the first lunar month in the Spring Festival, the following festivals also need to pay three times the salary:
1, New Year's Day (65438+ 10/);
2. Tomb-Sweeping Day (Tomb-Sweeping Day for the Lunar New Year);
3. Labor Day (May1);
4. Dragon Boat Festival (the day of the Dragon Boat Festival in the lunar calendar);
5. Mid-Autumn Festival (the day of the Lunar Mid-Autumn Festival);
6. National Day (65438+1 October1,2, 3).
So what if the company doesn't triple the salary?
You can defend your rights in the following ways:
1, negotiation between employers and employees;
2. Apply for mediation to organizations with labor dispute mediation functions established in towns and streets, grassroots people's mediation organizations or enterprise labor dispute mediation committees;
3. Apply to the Labor Dispute Arbitration Commission for arbitration;
4. If you are dissatisfied with the arbitration award, bring a lawsuit to the court.
To sum up, the salary for the Spring Festival holiday is calculated at not less than 300% of the due remuneration. In addition to the Spring Festival, if you arrange work on other legal holidays, you should pay three times your salary. If the company does not pay, it can be settled through complaints, labor arbitration or litigation. Have you learned?
legal ground
Under any of the following circumstances, Article 44 of the Labor Law of People's Republic of China (PRC), the employing unit shall pay the wages higher than the normal working hours of the workers according to the following standards: (1) If the workers are arranged to extend their working hours, they shall pay the wages of One Happy and Fifty, which are not lower than the wages; (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.
Article 51 of the Labor Law of People's Republic of China (PRC): During legal holidays, weddings, funerals and participation in social activities according to law, the employer shall pay wages according to law.