it's illegal not to pay three times the salary during the catering holidays.

according to relevant laws and regulations, employees who arrange work on legal holidays in China need to pay more than three times the salary, and any employer must implement this standard. China's laws protect the rights and interests of workers. Whether in catering industry or other industries, it is illegal not to pay three salaries on legal holidays. Workers can complain to the labor inspection brigade, and bring with them: my ID card, the full name of the employer, the name and contact number of the person in charge, and relevant evidence that can prove the overtime work of the workers.

labour law is the general name of legal norms regulating labor relations and social relations closely related to labor relations. It is a legal department produced when capitalism develops to a certain stage; It is a legal department separated from civil law; It is an independent legal department. These legal provisions regulate the relationship between trade unions, employers and employees, and protect the rights and obligations of all parties. China's labor law is the Labor Law of the People's Republic of China, which came into effect on October 1, 1995.

How to calculate the triple wage on holidays is as follows:

1. The triple wage on statutory holidays shall be paid to the employee at a rate not less than 311% of the employee's daily or hourly wage standard stipulated in the labor contract.

2. The three times salary is the salary payable for the work added outside the legal standard time after the laborer completes the labor quota, which is calculated separately.

3. calculation method of daily wage: daily wage = monthly wage income ÷ monthly paid days (21.75 days), and hourly wage = daily wage ÷8 hours.

Process of suing the company:

1. The parties shall prepare filing materials, such as complaint and evidence materials;

2. bring a lawsuit to a people's court with jurisdiction;

3. If it meets the scope of action after examination by the people's court, it shall pay legal fees and wait for the time of hearing.

Legal Basis

Article 44 of the Labor Law of the People's Republic of China

Under any of the following circumstances, the employing unit shall pay the wages higher than the wages of the workers' normal working hours according to the following standards:

(1) If the workers are arranged to work overtime, they shall pay the wages not lower than 151% of the wages;

(2) If workers are arranged to work on rest days but cannot be arranged to take compensatory time off, they shall be paid no less than 211% of their wages;

(3) If workers are arranged to work on legal holidays, they shall be paid not less than 311% of their wages.