How Can Overtime Work Be Paid Overtime During Holidays?

According to the labor law, workers who work on weekdays should be paid no less than 150% of their wages. On the day of rest, workers who are unable to make up for the rest of their work should be paid not less than 200% of their wages. Those who work on statutory holidays should pay no less than 300% of their wages.

"Statutory holidays" refer to the rest time prescribed by national laws in accordance with the customs and commemorative requirements of various countries and nationalities.

If an enterprise wants to work overtime, it must pay laborers' overtime fees, but now many enterprises do not pay overtime fees on the grounds of their adjustment, some of them try to muddle through, and workers should take legal weapons to safeguard their rights and interests.

Zhou Wei, a lawyer in charge of the rights protection of migrant workers in Shaanxi, said.

The 9 Parties of the case, Ho Mou, have been working in a textile company in Xi'an since 2001. So far, they have been working for 11 years.

Since 2003, the company has arranged for them to work overtime during the national holidays, and has never paid overtime.

In early 2014, the company changed its existing business because of poor management. For this reason, the company unilaterally proposed to terminate the labor contract with Ho et al.

In order to safeguard their legitimate rights and interests, he and others put forward to the company that they should pay the economic compensation, overtime and annual leave wages according to the relevant provisions of the labor law.

After many consultations with the company, the company finally agreed to pay the economic compensation, but the company explicitly denied payment for overtime and annual leave.

"After so many classes, I didn't get a penny, nor had I ever taken an annual leave."

He Mou says.

In order to safeguard their rights and interests, they came to Shaanxi to apply for legal aid.

Zhou Wei wrote a petition for them to appeal the case to the labor dispute arbitration committee of Baqiao District, Xi'an.

In the court hearing, the company argued that the company was from all parts of the country, because some employees could not go home on leave. The company decided to arrange all the statutory holidays every year during the Spring Festival on the basis of soliciting some employees' opinions.

At the same time, the fact that there is no annual leave is generally recognized.

The Arbitration Commission has rejected the applicant's request.

Zhou Wei pointed out that the "labor law" stipulates that in addition to weekends, workers should extend working hours on working days and work overtime on statutory holidays. Companies must pay overtime wages instead of replacing them with rest.

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In view of the limitation of this case, according to the interpretation of the Supreme People's Court on Several Issues concerning the application of the law in labor dispute cases, and disputes arising from the termination or termination of labor relations, such as payment of wages, economic compensation and welfare benefits, the laborer can prove that the time promised by the employer is to terminate or terminate.

The date on which the employer promises to pay is the day when the labor dispute occurs. If the worker fails to prove it, the date for the termination or termination of the labor relationship is the date of the labor dispute.

The labor dispute in this case occurred at the beginning of 2014, so it did not exceed the time limit.

Zhou lawyer told reporters that in addition to weekends, workers extended their working hours on weekdays and worked overtime on statutory holidays. Companies must pay overtime wages and not replace overtime pay.

In addition, for paid annual leave, according to the fifth regulations on the annual paid leave for employees and the provisions of the tenth sections and second paragraphs of the implementation method of paid annual leave for enterprise employees, it is the legal duty of employers to arrange the annual leave for employees.

Therefore, even if the employee did not apply for a leave of absence, the employer should take the initiative to arrange for it, rather than consider it a voluntary abandonment of the employee.

Unless the employer arranges the annual leave for the employee, the employee will make an annual leave because of his personal reasons.