I'm a junior college student in my sophomore year (I'm an intern now, and I'm a junior), studying hotel management. The school arranged for us to practice in the hotel for a period of time.

Q: I am a sophomore (now a junior), majoring in hotel management. The school arranged for us to practice in the hotel for eight months, and my salary was 600 yuan a month. I have been working in a hotel for almost two months. I have been working overtime every day for more than a month, working 12 hours a day, sometimes more. The hotel didn't pay overtime. Now I feel completely at a loss. There are only two days off in a month, and there is no rest in the Mid-Autumn Festival. I don't want to practice now, but the school told me that if I don't practice, I won't be issued a diploma. Do you have the right?

A: The Scout Law Online Consultation will answer your question.

In particular, workers and employers should be reminded that overtime pay should be paid if overtime is arranged on holidays. According to Article 44 of the Labor Law of People's Republic of China (PRC), "If workers are arranged to work on statutory holidays, they shall be paid no less than 300% of their wages", and workers shall enjoy three times of their wages on statutory holidays. Then, what should I do if this regulation conflicts with the system regulation of the employer? It has become a common practice for catering and other service industries to work overtime on holidays. Some units will arrange for employees to take compensatory time off before and after holidays to offset overtime pay. Is this legal?

According to the provisions of Article 30 of the Regulations on Labor Security Supervision in the State Council, those who refuse to make corrections after being ordered by the administrative department of labor security, or refuse to perform the administrative decision of the administrative department of labor security, shall be fined from 2,000 yuan to 20,000 yuan.

Can overtime work on legal holidays be made up later without overtime pay? According to the Opinions on Several Issues Concerning the Implementation of the Labor Law of People's Republic of China (PRC) and the Interim Provisions on Payment of Wages and other relevant regulations, legal holidays are paid holidays, and if the employer arranges workers to work on legal holidays, it shall pay the workers not less than 300% of the daily wage or hourly wage agreed in the labor contract. If the company arranges employees to work overtime on legal holidays, it shall pay 300% of the daily wage or hourly wage agreed in the labor contract, instead of arranging compensatory time off. Therefore, employees can still ask the company to pay overtime even if they take compensatory time off.