The System Of Repaying The Rest Expects Unified Standard Of Discretion.

From the perspective of literal meaning, it is the meaning of adjusting the rest time.

Judging from our current regulations, the State Council has the right to adjust the rest time of the whole people, and the enterprise has the right to adjust the rest time within the enterprise.

The national "rest" is mainly used for holidays and holidays. The "rest" of enterprises is due to arranging the rest time for employees to work during rest hours.

According to

"Stipulates that the workers who arrange their work on rest days should arrange their compensatory rest according to the same time. If the workers can not arrange the rest, they should pay the wages for the workers to extend their working hours according to the provisions of the forty-fourth item (two) of the labor law.

Looking at other provisions, there are few related to the adjustment. It can be said that the "rest" is much less influential than the independent annual pay leave, whether in the degree of concern or the legal status.

Because of this, enterprises do not have too many restrictions on their operation. Sometimes they even want to do whatever they want. When they face the alleged infringement, they find it difficult to find the legal basis.

There is no relevant provision in law. In reality, the operation of each enterprise is not uniform. Some regulations only agree that the year is valid, and some can be used indefinitely, but it is true.

After that, whether there is retrospective effect is another unknown.

Whether it can be arranged by the enterprise or not? Can the employees apply for the rest of the business?

Some think that we should trace back to the source, find out the reasons for the adjustment, and then refer to the relevant regulations; others think that enterprises should have the absolute right of independent management as well as paid annual leave.

Should all kinds of allowances and bonuses be issued during the period of adjustment? According to reason, most of the adjustment is made by overtime work, while overtime allowance is not increased, and the rest should not be reduced.

Everyone thinks he has reason, but he can't argue for it. The reason is the same: the law has no details.

We understand that it is impossible for the law to exhaust all, but we hope that we should not restrict the legal system to make it a loophole for illegal enterprises to use for infringement.

The unified discretion standard and caliber are still the "sharp weapon" to regulate the system of enterprise's adjustment.

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During the "May 1" holiday, if you go to work and do not arrange a break, you can get more than 7 days' salary.

28, reporters learned from the Bureau of human resources and social affairs. According to the arrangement of the holiday issued by the general office of the municipal government, the rest time of the small holiday for Labor Day is from May 1st to May 3rd, a total of 3 days. Among them, May 1st (Thursday) is a statutory holiday, May 2nd May 2nd (Friday) and Saturday (Saturday) rest day, and May 4th (Sunday) goes to work normally.

The staff of the Bureau told reporters that according to the relevant regulations, in May 1st, labor day is a statutory holiday. If the employer requests the workers to work overtime, they should pay the workers 300% of the day's or hour's base to pay overtime wages. The employer should not refuse to pay overtime pay in the name of a change of time and the rest of the day. In May 2nd and May 3rd, if the employer requests the workers to work overtime on the adjustment day, they should arrange the same time to make up for the rest. If the arrangement can not be arranged, the employer should pay the laborers 200% of the daily or hour base to pay overtime wages.

That is to say, during the period of small vacation, the maximum salary of 7 days can be paid as overtime.

Labor day overtime calculation example: the amount of X Yuan that the laborer provided the normal labor income in January after deducting the overtime wage of the month is taken as an example. If overtime worked in May 1st, the employer paid overtime wages not less than (x x300% 21.75) x300% yuan, worked overtime in May 2nd or May 3rd, and the employer can not arrange the rest, and the overtime pay is not less than (x 21.75) x200%.

In addition, the "red envelope" issued by the unit to the employees is a reward to the employees. It is a kind of welfare. Overtime payment is a kind of compensation for the workers to give up the statutory holidays.

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