1. Under any of the following circumstances, the employing unit shall pay wages higher than the wages of the workers during 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.
Holiday rest is a kind of spiritual enjoyment of workers, which can not be solved by overtime pay alone. In order to protect the interests of workers, Article 44 of the Labor Law stipulates that those who have not taken a vacation should pay more wages to compensate. According to the regulations, if you work overtime on rest days, you can arrange compensatory time off. If you can't arrange compensatory time off, you can only pay 200% of your salary for compensation. However, if you work overtime on legal holidays, you must pay 300% overtime pay, and you can't pay overtime pay by compensatory time off instead of legal holidays.
I must have fully understood that the Dragon Boat Festival doesn't violate any laws. Not having a holiday on the Dragon Boat Festival violates the relevant provisions in the labor law. The Labor Law guarantees workers' right to take holidays on statutory holidays, and there are also relevant provisions on overtime pay compensation on holidays. Workers can defend their rights according to the relevant provisions of the labor law.
It is illegal not to have a holiday on the Dragon Boat Festival. The Dragon Boat Festival is a national legal holiday, and the employer should ensure that the workers have the right to rest during the holiday. It is against the laws and regulations of our country not to have a holiday.
Legal basis: Article 40 of the Labor Law of People's Republic of China (PRC) * * * The employing unit shall arrange employees to take vacations during the following festivals according to law:
(1) New Year's Day;
2) Spring Festival;