Article 44 of the Labor Law: 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 workers are arranged to work longer hours, they shall be paid no less than150% of their 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 2 of the State Council's Decision on Amending the Measures for Holidays on National Festival and Memorial Day: Holidays for all citizens:
(a) the New Year, holiday 1 day (10/day);
(two) the Spring Festival, a holiday of 3 days (the first day of the first month, the second day, the third day);
(3) Tomb-Sweeping Day, holiday 1 day (the day of the Qingming Festival);
(4) Labor Day, holiday 1 day (May 1 day);
(5) Dragon Boat Festival, holiday 1 day (the day of Dragon Boat Festival in the lunar calendar);
(6) Mid-Autumn Festival, holiday 1 day (the day of the Mid-Autumn Festival in the lunar calendar);
(7) National Day, 3 days off (65438+ 10/0/2, 3).
Extended data:
Relevant provisions of the Regulations on Paid Annual Leave for Employees:
Article 4 The number of annual leave days shall be determined according to the accumulated working hours of employees. Employees who work in the same employer or different employers shall be regarded as working according to laws, administrative regulations or the provisions of the State Council, and shall be counted as accumulated working hours.
Article 5 If an employee is a new employer and meets the provisions of Article 3 of these Measures, the number of days of annual leave not taken in the current year shall be determined by the conversion of the remaining calendar days of the unit, and the part less than 1 whole days after conversion shall not enjoy annual leave.
Sixth family leave, funeral leave, maternity leave and other holidays stipulated by the state. If the employee enjoys it according to law, the period of paid leave due to work-related injury is not included in the annual leave.
Article 7 Employees who enjoy winter and summer vacations over the number of annual leave days shall not enjoy the annual leave of the current year.
Article 10 If the employing unit refuses to arrange annual leave without the consent of the employee, or if the number of days of annual leave arranged for the employee is less than the number of days of annual leave due, it shall pay the employee 300% of the daily wage for the days of annual leave, including the wages paid by the employing unit to the employee for normal working hours.
Article 11 The daily wage income of annual leave salary shall be calculated by dividing the employee's monthly salary by the paid days (2 1.75 days). The monthly salary mentioned in the preceding paragraph refers to the average monthly salary of employees after deducting overtime pay 12 months before the annual leave salary is paid by the employer. If the working time in this employer is less than 12 months, the average monthly salary shall be calculated according to the actual month.
During the annual leave, employees enjoy the same salary as during normal work. For employees who implement piecework wage, royalty wage or other performance-based wage system, the calculation and payment methods of daily wage income shall be implemented in accordance with the provisions of paragraphs 1 and 2 of this article.
Article 12 If the employing unit fails to arrange the employee to take annual leave within one year when dissolving or terminating the labor contract with the employee, it shall convert the annual leave days into annual leave days according to the working hours of the employee in that year and pay the annual leave salary, but the converted part of the salary less than 1 full day will not be paid.
If the employer has arranged annual leave for employees in that year, the number of days exceeding the converted annual leave will not be deducted.
Thirteenth labor contracts, collective contracts or the employer's rules and regulations stipulate that the number of annual leave days is higher than the legal standard, the employer shall implement it in accordance with the relevant agreements or regulations.
References:
China government network-the State Council's decision on amending national statutory holidays and anniversaries?
China Government Network-People's Republic of China (PRC) Labor Law
China government net-regulations on paid annual leave for employees