May 5,
A holiday shared by working people all over the world.
Labor Day has been around for a long time,
In our country,
In December 1949,
The Administrative Council of the Central People's Government decides:
May 5 was designated as Labour Day.
According to the holiday arrangement announced by the State Council,
This year's Labor Day holiday is:
Closed from April 4 to May 29
A total of 5 days: April 4 (Sunday) and May 23 (Saturday) need to go to work
so
In addition to statutory holidays,
What are the rights and interests of workers in our country?
Entitlement to labor remuneration
The Labor Law of the People's Republic of China stipulates:
Workers have the right to remuneration for their work,
The distribution of wages shall follow the principle of distribution according to work,
Implement equal pay for equal work.
Overtime earns the benefit of overtime pay
In accordance with the Labour Code,
If the worker is arranged to work longer hours,
Pay remuneration of not less than 150 per cent of wages;
Workers are assigned to work on rest days
and cannot arrange compensatory leave,
Pay wages of not less than 200 per cent of wages;
Statutory holidays (Spring Festival, New Year's Day, May Day, etc.)
Arrange for the work of the worker,
Pay a salary remuneration of not less than 300 per cent of the salary.
Overtime shall not exceed 36 hours per month
Article 36 of the Labor Law makes it clear that
The State implements laborers
working hours not exceeding eight hours per day,
Average weekly working hours
A system of working hours not exceeding forty-four hours.
Article 38 makes it clear that
The employer shall guarantee the employee
Take at least one day off per week.
Article 41 provides that
Due to the needs of production and operation, the employer
After consultation with trade unions and workers
Working hours can be extended,
Generally, it should not exceed one hour per day;
If it is necessary to extend the working hours due to special reasons,
Under conditions that guarantee the health of workers
Extended working hours shall not exceed three hours per day,
However, it may not exceed thirty-six hours per month.
Obtain the rights and interests of "five insurances and one housing fund"
According to the Social Insurance Law and
The Regulations on the Administration of the Housing Provident Fund stipulate,
Enterprises must pay the "five insurances and one housing fund" to employees,
i.e. endowment insurance, medical insurance, unemployment insurance,
Work-related injury insurance, maternity insurance and housing provident fund.
The Labor Law clarifies that
Employers and workers
must participate in social insurance in accordance with the law,
Payment of social insurance contributions.
If the employer fails to pay social insurance premiums without any reason,
The labor administrative department shall order it to pay within a time limit,
If you do not pay within the time limit,
Late fees can be added.
Photo by Zhang Ni, reporter of China News Network
Benefits of paid time off
Holidays to which workers are entitled in accordance with the law,
Including statutory leave, annual leave, sick leave,
As well as work injury leave, marriage leave, maternity leave, etc.
Article 39 of the Labour Law stipulates that
Employers are on the following holidays
Workers shall be arranged for leave in accordance with the law:
New Year’s Day; Spring Festival; Day; National;
Other holidays stipulated by laws and regulations.
Article 45 provides that,
The worker has worked continuously for more than one year,
Enjoy paid annual leave.
It has been implemented since 2008
The Regulations on Employees' Paid Annual Leave stipulates:
If the employee has worked for a cumulative period of 1 year but less than 10 years, he or she shall take 5 days of annual leave;
10 days of annual leave for those who have completed 20 years but less than 10 years;
Those who have completed 20 years of annual leave are 15 days.
National statutory holidays and rest days are not counted as holidays for annual leave.
Under any of the following circumstances,
Not entitled to annual leave for the current year:
(1) Employees enjoy winter and summer vacation in accordance with law, and the number of vacation days is more than the number of annual vacation days;
(20) Where an employee takes personal leave for a cumulative period of more than <> days and the unit does not deduct wages in accordance with regulations;
(1) Employees who have worked for less than 10 years in total, and have taken sick leave for more than 2 months;
(10) Employees who have worked for a cumulative period of 20 years but less than 3 years have taken sick leave for more than <> months;
(20) Employees who have worked for more than 4 years in total have taken sick leave for more than <> months.
Photo by Li Jinlei, reporter of China News Network
Receive benefits to the high temperature allowance
According to the introduction of 2012
"Measures for the Management of Measures to Prevent Heat and Cool Down",
The employer arranges the employee
In high temperature weather above 35°C
Engaged in outdoor open-air operations,
and the inability to take effective measures
Reducing the workplace temperature to below 33°C,
High temperature allowances should be paid to workers.
Women have equal employment rights
Article 13 of the Labour Code stipulates:
Women have equal employment rights with men.
When hiring employees,
Except for jobs or positions that are not suitable for women as prescribed by the State,
No gender-based grounds
Refusal to recruit women or raise the criteria for their recruitment.
furthermore
Female employees also want to have dysmenorrhea leave,
Units with a large number of female employees should also be equipped
Maternity lounge, nursing room and other rights.
Happy holidays to all workers!
This Labor Day,
Do you stick to your post or enjoy the holidays?
China News Service (CNS1952) is synthesized from: China News Network, Ministry of Human Resources and Social Security website, Chinese government website, etc