It'S Not A Myth To Get Wages Without Going To Work.

Statutory holiday means that the employer should arrange for workers to rest in accordance with the law and pay wages according to law in accordance with specific statutory holidays stipulated by laws and regulations.

During this period, the employing unit arranges the work of the laborers, and shall pay overtime wages in accordance with 300% of the workers' daily or hourly wage standards which are not lower than those stipulated in the labor contract.

Statutory holidays

1. Labor law fifty-first workers in the statutory holidays and weddings and funerals during the holidays and participate in the society according to law.

During the activities, employers should pay wages according to law.

At the same time, according to the fifty-first provision of the Ministry of labour on certain provisions, statutory leave days refer to the time for workers to take leave, including statutory holidays (New Year's day, Spring Festival, international labor day, national day and other holidays) and paid holidays.

2, the national holidays and holidays, second holidays for all citizens: (1) new year's day.

1 days off (January 1st); (two) Spring Festival, 3 days off (the 1th day of the first month of the Chinese lunar calendar, second and third day); (three) Qingming Festival, 1 days off (Qingming Day); (four) labor day, 1 days off (May 1st); (five) Dragon Boat Festival, holiday 1 days (Lunar New Year's day); (six) Mid Autumn Festival, holiday 1 days (lunar calendar mid autumn day); (1) National Day, holiday days (October 1st, Sunday, day).

Third festivals and commemorative days of citizens' holidays: (1) women's Day (March 8th), women's holiday for half a day; (two) Youth Day (May 4th), and people over 14 years of age leave for half a day.

Fourth festivals of ethnic minorities are regulated by the local people's governments in areas where ethnic minorities live in compact communities.

3. In the forty-fourth section of the labor law, the employer shall comply with the following standards.

The wages paid above the normal working hours of the workers are paid: (three) the statutory holidays are arranged for workers to work, and the wages paid by no less than three hundred percent of the wages are paid.

4. The thirteenth Interim Provisions on wage payment. Thirteenth, after the employer has completed the work quota or the prescribed work task, the worker shall arrange for the workers to work outside the statutory standard working hours according to the actual needs. Wages should be paid according to the following standards: (three) the employer arranges the laborers' work on statutory holidays in accordance with the law, and pays the wages of workers according to the 300% of the workers' daily or hourly wage standards, which are not lower than those stipulated in the labor contract.

Two, paid annual leave

Employees who work continuously for more than 12 months are entitled to paid annual leave.

The number of days of annual leave is determined according to the cumulative working hours of the employees, of whom the cumulative amount of work for 1 years is less than 10 years, and the annual leave is 5 days; the 10 year's less than 20 years' annual leave is 10 days; the 20 year's annual leave is 15 days.

During the annual vacation period, workers enjoy the same wage income as normal working periods.

For the number of days off the workers should rest, the employer should pay the annual leave pay in accordance with the 300% of the employee's daily income.

1, the forty-fifth law of the labour law applies the system of paid annual leave.

Workers who enjoy continuous work for more than 1 years shall be entitled to paid annual leave.

Specific measures shall be formulated by the State Council.

2, regulations on paid annual leave for employees (State Council Order No. 514th, 2008.1.1 Implementation)

3. The implementation measures of paid annual leave for enterprise employees (No. first of the Ministry of personnel and social order, implemented by 2008.9.18)

Three, marriage leave

Marriage leave refers to the holiday that workers enjoy according to law.

When a worker enjoys a marriage leave, the employing unit shall pay wages according to law.

1, the fifty-first labor law in the statutory holidays and weddings and funerals, and during the social activities, employers should pay wages according to law.

2. "Opinions on overtime work, staff leave, sick leave and wages during downtime" in enterprises, stipulate that in order to take care of our old habits, wages will be paid within three working days, whether workers or staff members ask for marriage and funeral leave, and no more wages will be paid for more than three days.

3, in order to ensure the implementation of the family planning law, all provinces and municipalities have made detailed provisions according to the actual situation, including extending the time for marriage leave.

For example, the sixteenth provision of the regulations on population and family planning of Beijing stipulates that couples who register for marriage registration in accordance with the law shall enjoy an extra seven days' holiday in addition to enjoying the marriage leave prescribed by the state.

Four. False inspection.

Production inspection leave refers to the time required for pregnant women to carry out antenatal examination during labor hours, which is counted as labor time.

Female workers and staff members

Special provisions "sixth pregnant women workers in labor time for prenatal examination, the time required for labor time.

Five. Maternity leave:

Maternity leave refers to the holiday treatment enjoyed by female workers before and after childbirth.

During maternity leave, female workers can receive maternity allowance from the birth insurance fund or the employer.

Some provinces also stipulate that spouses of female workers can enjoy paternity leave.

1. The special provisions for the protection of women workers' labor, eighth maternity allowances for female workers during maternity leave, shall be paid by the maternity insurance fund according to the standard of the monthly average wage for the employees in the previous year, who have already taken part in maternity insurance.

2, the "special provisions on the protection of women workers' labor" seventh women workers enjoy 98 days of maternity leave, including 15 days before giving birth, and 15 days of maternity leave for dystocia; 1 births for every child bearing multiple births, and 15 days of maternity leave.

If the female workers are pregnant for 4 months, they will have 15 days' maternity leave; if they are pregnant for 4 months, they will enjoy 42 days' maternity leave.

3, in order to ensure the implementation of the family planning law, all provinces and municipalities have made detailed provisions according to the actual situation, including extending the time of maternity leave.

For example, the eighteenth provision of the regulations on population and family planning of Beijing stipulates that the female workers of organs, enterprises, institutions, social organizations and other organizations, who are born according to the regulations, enjoy thirty days' maternity leave in addition to enjoying the maternity leave prescribed by the state, and their spouses enjoy fifteen days of paternity leave.

With the consent of the authorities, enterprises, institutions, social organizations and other organizations, female workers can add another vacation to one to three months.

Six. Breastfeeding leave

Breastfeeding is a pointer to a female worker who is not under the age of one year of age. The employer should arrange 1 hours for the lactation time in the working hours every day.

Every 1 lactating babies increase their lactation time by 1 hours a day.

The ninth provision for the protection of women workers' labor shall not extend the working hours or arrange night shift work for the female workers who have not breastfed under the age of 1.

The employer should arrange 1 hours of lactation time for the lactating female workers during the working hours every day. For the female workers who give birth to multiple births, every 1 breastfeeding babies will increase their feeding time by 1 hours a day.

Seven, funeral leave

Funeral leave refers to the holidays enjoyed by a worker's immediate family when he dies.

During the period of funeral leave, the employing unit shall pay wages according to law.

1, the fifty-first labor law in the statutory holidays and weddings and funerals, and during the social activities, employers should pay wages according to law.

2. "Opinions on overtime work, staff leave, sick leave and wages during downtime" in enterprises, stipulate that in order to take care of our old habits, wages will be paid within three working days, whether workers or staff members ask for marriage and funeral leave, and no more wages will be paid for more than three days.

Family holiday refers to the time when employees are reunited with their spouse, father and mother. The holiday includes public holidays and statutory holidays.

During the vacation period, the wages of the workers are distributed.

However, it is worth mentioning that parental leave is mainly applicable to employees of state organs, public institutions, state-owned enterprises and people's organizations, and private enterprises and other units are not applicable.

1, "the State Council on the treatment of the treatment of staff and workers" second in state organs, people's organizations and ownership of enterprises, institutions and institutions for a year of fixed workers, and spouses do not live together, and can not be reunited on the public holiday, can enjoy the treatment of spouses, not living with the father, mother, and not reunited on public holidays, can enjoy the treatment of parents' visit.

However, workers who are able to reunite with their fathers or their mothers on public holidays can not enjoy the treatment of their parents.

2, the regulations of the State Council on the treatment of employees' visiting relatives, third workers' visiting holidays: (1) the workers who visit their spouses give a family leave once a year, and the vacation is thirty days.

(two) unmarried workers visit their parents, giving a holiday in principle and twenty days a year.

If the work needs, the unit can not give a holiday that year, or workers volunteered two years to visit relatives once, can give a vacation for two years, the vacation is forty-five days.

(three) married workers visit their parents for four years and leave for twenty days.

3, the regulations of the State Council on the treatment of visiting relatives by employees. Fifth workers pay wages according to their standard wages in the prescribed family vacation and journey holidays.

Nine, journey leave (weddings and funerals)

When the workers are not working in the same place when they are married, or when their immediate family members die in the field, they need to go to the field to take care of their funeral affairs. The unit may give another leave according to the distance and marriage.

During the holidays, staff salaries are paid.

However, from the perspective of the legal basis of the false journey, the holiday is only applicable to employees of state-owned enterprises.

1, the second of the Circular of the State Administration of labor and the Ministry of Finance on the issue of marriage and funeral leave for employees of state enterprises. When the workers are married, the two sides do not work in one place. When the immediate relatives of the workers in the field are required to go to other places to take care of their funeral when they die, they can also give a leave according to their distance.

2, third of the Circular of the State Administration of labor and the Ministry of Finance on the request for marriage and funeral leave and road leave of state enterprises.

On the way, all the travel expenses are handled by the staff.

Ten, the journey is false.

When a worker takes a leave of absence, the unit takes a leave according to the actual needs, including holidays and statutory holidays.

The scope of the trip is comparable to that of family visit.

1, the regulations of the State Council on the treatment of visiting relatives by employees. Fifth workers pay wages according to their standard wages in the prescribed family vacation and journey holidays.

2, the regulations of the State Council on the treatment of visiting relatives by employees. Sixth of the workers' visits to their spouses and unmarried workers to pay visits to their parents are borne by their units.

The paid travel expenses paid by married workers to their parents are within thirty percent of their monthly standard wage, and I am responsible for them.

Eleven. Take part in social activities according to law.

Participation in social activities in accordance with the law refers to the right of workers to exercise their right to vote or to be elected according to law; elected representatives attend meetings held by governments, parties, trade unions, youth associations, women's federations and other organizations at township (town) and above levels; as people's court witnesses, attending models of workers and advanced workers; production and working hours occupied by trade union members who are not released from trade union law, as well as other social activities in accordance with law.

During this period, employers should pay wages as normal laborers.

In the Interim Provisions on wage payment, tenth workers shall participate in social activities according to law during the statutory working hours, and the employing units shall pay wages according to their normal labor.

Social activities include: exercising the right to vote or the right to be elected according to law; elected representatives attend meetings held by governments, parties, trade unions, youth associations, women's federations and other organizations in the township (town) and above governments; serve as people's court witnesses; attend the general assembly of model workers and advanced workers; the production and working hours occupied by trade union members of the grass-roots committees who are not laid off by the trade union law, and other social activities lawfully participated.

Twelve, sick leave

Sick leave refers to the fact that the worker needs to stop working when he or she is injured due to illness or non work injury. The enterprise should give certain medical leave according to the actual working life of the worker himself and the working life of his work unit.

During the medical treatment period, the employer can not terminate or terminate the labor contract with the workers. The termination of the labor contract after the end of the medical period is also strictly restricted by law.

During sick leave, employers should pay wages for sick leave in accordance with the law.

1. Notice of the Ministry of labor on Issuing the regulations on medical treatment for sick or non injured workers in enterprises (479, No. 1994)

2. Notice of the Ministry of labor on implementing the regulations on medical treatment for sick or non injured workers in enterprises ([1995]236)

3. The Ministry of Labour's opinions on implementing several issues, during the treatment period of 59 sick or non occupational injuries, shall be paid by the enterprise in accordance with relevant regulations during the prescribed medical treatment period, and the sick leave or sickness relief fees may be lower than the local minimum wage standard, but not less than 80% of the minimum wage standard.

Thirteen, suspension of pay period

The period of pay off refers to the period when employees are injured by work or suffer from occupational diseases. They need to suspend work and receive medical treatment for occupational injuries. During this period, the way of determination is different from each other. Common reference is made to the list of stoppages and stoppages issued by the government, the rest certificate issued by the medical institution or the appraisal certificate issued by the labor capacity appraisal institution, but the longest period is stipulated by law.

During the period of suspension of wages and salaries, the original salary and welfare benefits will remain unchanged and the monthly payment will be paid by the employer.

The thirty-third article of the industrial injury insurance Ordinance requires workers to be suspended from work or injured by occupational diseases because of work accidents or occupational diseases. During the period of suspension, the original salary and welfare benefits will remain unchanged and the unit will be paid monthly by the employer.

The period of suspension is usually less than 12 months.

If the injury is serious or the situation is special, it can be appropriately extended by the municipal labor capacity appraisal committee established by the District, but the extension shall not exceed 12 months.