Is it illegal to take a national holiday?

1. Can we have a holiday on National Day? National holidays cannot be taken. In case of working on national statutory holidays, the employing unit shall pay workers another 300% of their wages, that is, four times of their working days, without rest. 1. Statutory holidays refer to the rest time for celebrations and holidays, which are uniformly stipulated by national laws according to the customs and habits of various countries and nationalities or commemorative requirements. The legal holiday system is an important reflection of the national political, economic and cultural system, involving many aspects of the economy and society and the vital interests of the broad masses of the people. 2. Statutory holidays: (1) New Year: 1 day off (10/day). (2) Spring Festival: 3 days off (the first day, second day and third day of the first lunar month). (3) Tomb-Sweeping Day: 1 day holiday (Lunar New Year Qingming Festival). (4) Labor Day: 1 day off (May 1 day). (5) Dragon Boat Festival: 1 day off (the day of Dragon Boat Festival in the lunar calendar). (6) Mid-Autumn Festival: 1 day off (the day of the Mid-Autumn Festival in the lunar calendar). (7) National Day: 3 days off (65438+ 10/0/2, 3). Second, the payment standard of overtime pay. If the employing unit arranges the laborer to work overtime outside the legal standard working hours according to the actual needs after the laborer completes the labor quota or the specified work tasks, it shall try to give him the same time of compensatory time off afterwards. If it is really impossible to make up the rest time, the overtime pay shall be paid according to the following standards: (1) If the laborer is arranged to extend his working hours (overtime) beyond the daily legal standard working hours according to law, the salary shall be paid according to 150% of the laborer's own hourly wage standard agreed in the labor contract. (two) according to the law to arrange workers to work on rest days, pay 200% of the daily or hourly wages agreed in the labor contract. (3) If workers are arranged to work according to law on legal holidays, they shall pay 300% of the daily or hourly wage standard agreed in the labor contract. Workers who implement piece-rate wages shall, after completing the task of piece-rate quota, be paid by the employing unit according to the above principles, respectively, according to 150%, 200% and 300% of the piece-rate price of their statutory working hours.

Legal objectivity:

1. Can I work overtime on national holidays with pay? According to Articles 40 and 44 of the Labor Law, overtime pay shall be paid at not less than 300% of the salary. If overtime is arranged on rest days, you can take rest days. If you can't take rest days, you can pay overtime according to the standard of not less than 200% of your salary. Therefore, the law does not stipulate the issue of overtime rest on legal holidays. Two. The State Council's Regulations on Overtime on Statutory Holidays According to the National Holidays and Remembrance Holidays Measures issued by the State Council (Order No.270th of the State Council), China's statutory holidays are divided into three categories. The first category is all citizens' holidays (statutory), including: New Year (1 October 65438+ 1 day), Spring Festival (Lunar New Year's Eve, the first day of the first month and the second day of the first month), Labor Day (May 1 day) and National Day (/kloc-0). If the employer arranges overtime work on legal holidays, it shall pay overtime pay not less than 300% of the daily or hourly wages of the workers on the basis of normal wages. That is to say, 10, 1, 2, 3, the overtime pay is three times. At the same time, due to the overlapping of three legal holidays, the Mid-Autumn Festival holiday will be rescheduled to the sixth, so the sixth should be regarded as a legal holiday, and the overtime pay is three times. In addition to national statutory holidays, some outstanding enterprises in Hong Kong and Macao will also have internal welfare holidays, such as the company's founding day, anniversary celebration, and even unconditional "paid holidays" with a certain level of service. In other words, while enjoying the holiday, I also enjoy the normal salary. Generally speaking, there is no fixed date for company welfare holidays, only a fixed number of days, and employees arrange holidays according to their own needs. "In recent years, a few branches of Hong Kong and Macao enterprises in China have launched welfare holidays, such as the welfare holidays of Macau Sheng Yuan International Investment Co., Ltd., which include maternity leave and travel leave for men in addition to paid holidays for working years." Because welfare paid leave is different from national statutory holidays, employees who give up welfare leave will not get double salary compensation. Calculation of overtime pay on legal holidays. How to calculate overtime pay on legal holidays is a kind of respect for overtime workers. If workers are arranged to work overtime on legal holidays, they shall pay overtime wages not less than 200% of the daily or hourly wages. The daily wage is converted according to the monthly average paid days of 2 1.75 days, and the hourly wage is divided by 8 hours on the basis of the daily wage. Example: The calculation method of overtime pay during the Spring Festival holiday is: holiday overtime pay = calculation base of overtime pay ÷ 21.75× 300%; Overtime pay on rest days = calculation base of overtime pay ÷ 2 1.75× 200%. Although our country stipulates that if employees are arranged to work overtime in the future, there is no need to pay overtime, but this is only for weekend overtime. In other words, employees can also take time off after being asked to work overtime in normal times or legal holidays, but at this time, they also need to pay the corresponding overtime pay.