(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. Article 96 If an employer commits one of the following acts, the public security organ shall detain the responsible person for not more than 15 days, impose a fine or give a warning; If the case constitutes a crime, the responsible person shall be investigated for criminal responsibility according to law:
(a) forced labor by means of violence, threat or illegal restriction of personal freedom; (2) Insulting, physically punishing, beating, illegally searching or detaining laborers. If the laborer is forced to work overtime or fails to get overtime pay according to the regulations, he can complain to the labor inspection department or apply for labor arbitration. If the local human resources and social security bureau has an online complaint window, online complaints can be realized.
According to Article 4 1 of the Labor Law, the employing unit shall consult with the workers to extend the working hours (i.e. overtime). Since this is a negotiation, it is of course necessary to reach an agreement on overtime hours and overtime pay, otherwise it will be forced labor.
There are only four situations where overtime cannot be refused: natural disasters, accidents or other reasons have seriously threatened people's lives, health and national assets and need urgent treatment; Production equipment, traffic lines and public facilities are out of order, which affects production and public interests and needs to be repaired in time; During the shutdown of legal holidays or public holidays, the equipment shall be overhauled and maintained; In order to complete the national defense emergency task or other emergency production tasks arranged by superiors outside the national plan, commercial and supply and marketing enterprises complete the acquisition, transportation and processing of agricultural and sideline products in the peak season.
In addition to these four situations, the unit requires employees to work overtime and must negotiate with employees. If the unit takes improper measures to ask employees to work overtime, employees can refuse. Although employees may not refuse to work overtime under the above four circumstances, the unit should still pay overtime wages, which must be paid in accordance with the standards stipulated in Article 44 of the Labor Law. Those who default or deduct labor remuneration or overtime pay can be dealt with according to Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts or Article 85 of the Labor Contract Law. The difference is that the former can claim directly, and the latter can claim only after the labor department orders it not to pay.