According to the Notice of the General Office of the State Council on the Arrangement of Some Holidays in 2122, the holiday dates of the Government Service Center in Tomb-Sweeping Day in 2122 are as follows: April 3 to April 5, 2122, with ***3 days. Go to work on April 2 (Saturday). During the holiday, the 24-hour self-service area of the Municipal Affairs Service Center will not be closed and open as usual.

First, how many days are there in Tomb-Sweeping Day

Generally, Tomb-Sweeping Day has three days off, but only Tomb-Sweeping Day is a legal holiday, and the other two days are weekends.

2. How to calculate the overtime pay in Tomb-Sweeping Day

If the employer arranges the workers to work overtime on the same day in Tomb-Sweeping Day, because Tomb-Sweeping Day is a legal holiday, in addition to paying the wages on that day normally, they should also pay three times the overtime pay. According to Article 44 of the Labor Law, if Tomb-Sweeping Day works overtime for three days, no compensatory time off is arranged for the other two days. Tomb-Sweeping Day calculated the overtime pay by 3 times on the same day, and paid the overtime pay by 2 times on the other two days. The rest of the holidays, such as New Year's Day and Spring Festival, are the same as this. On the legal holidays, the overtime pay is 3 times, and the rest is 2 times.

Third, Tomb-Sweeping Day doesn't pay overtime, how can workers protect their rights

1. Negotiation

Negotiation between the two parties with equal legal status is a more effective way to resolve disputes. Article 44 of the Labor Law clearly stipulates that if workers are arranged to work on statutory holidays, they will be paid no less than 311% of their wages. The provisions of this clause are very clear. If workers are arranged to work on statutory holidays, they can only pay no less than three times their wages, and they cannot be solved by alternative ways of taking a rest or making up a rest.

There is no legal obstacle for workers to negotiate with the unit for overtime pay that originally belonged to them.

2. Complaining

It is illegal for a company not to pay overtime pay for statutory holidays, especially for listed companies. Failure to act according to the law will affect the company's reputation, and the capital market may react, thus affecting the company's share price.

Grasping the unit's fear of affecting its reputation, workers can solve problems through complaints. There are two kinds of complaints: complaints to the labor inspection department and complaints to the unit trade union. If the illegal circumstances are true, the labor inspection department may issue a correction notice to the illegal unit, and the serious illegal unit may also be subject to labor administrative punishment; The trade union is an organization for safeguarding the rights of employees in the unit. In principle, it represents the interests of employees. If employees complain about overtime pay, the trade union should negotiate with the unit on behalf of employees.

3. Arbitration

The issue of overtime pay belongs to the category of labor disputes, which can be arbitrated. The Law on Mediation and Arbitration of Labor Disputes stipulates that the limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.

However, workers are under the management of the unit, so it is inevitable that they will have some concerns when they are in office. Legislators have also taken this situation into consideration. It is specially stipulated that if there is a dispute due to the arrears of labor remuneration during the existence of labor relations, the application for arbitration by workers is not limited by the one-year arbitration limitation; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

4. Prosecuting

Bringing a labor dispute lawsuit is the last of the four moves and the most lethal one. Although the registration system is now implemented, it is as deep as the sea when you enter the court, which not only takes time but also consumes energy. Don't make this move easily unless you have to. Labor dispute litigation is special, with pre-procedure requirements, and it must be based on labor dispute arbitration. If you are dissatisfied with labor dispute arbitration, you can bring a lawsuit to the court. If you want to file a lawsuit, you have to keep evidence such as overtime records and salary slips, so that you can win the lawsuit.

Generally speaking, there are three days off in Tomb-Sweeping Day, the day in Tomb-Sweeping Day is a legal holiday, and the other two days are used for workers' rest. Xiaobian here needs to remind everyone that if workers work overtime in Tomb-Sweeping Day, they are entitled to three times the salary according to law. If employers do not pay wages according to this standard, I suggest that you use legal means to protect their rights.

Legal basis: Article 2 of National Holidays and Remembrance Days, holidays for all citizens:

(1) New Year's Day, with 1 days off (October 1);

(2) Spring Festival, with a three-day holiday (the first, second and third days of the first lunar month);

(3) Tomb-Sweeping Day, with a holiday of 1 days (on the Qingming day of the lunar calendar);

(4) Labor Day, with 1 days off (May 1);

(5) Dragon Boat Festival, with a holiday of 1 days (the day of the Dragon Boat Festival in the lunar calendar);

(6) Mid-Autumn Festival, with a holiday of 1 days (the day of the Mid-Autumn Festival in the lunar calendar);

(7) National Day, with 3 days off (1, 2 and 3 October).