Q:
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When working overtime during the National Day and Mid-Autumn Festival, which days are legal holidays?
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A:
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If workers are arranged to work overtime from October 1 to October 4, they shall be paid at least 300% of their wages.
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Q:
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If workers are arranged to work overtime from October 5 to October 8, how should they be paid for overtime work?
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A:
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From October 5th to 8th, if the employer arranges for workers to work overtime, they should first arrange compensatory time off; if compensatory leave cannot be arranged, overtime pay shall be paid at least 200% of the salary.
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Q:
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If workers are not arranged to work from October 1 to October 8, will they be paid?
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A:
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During the period from October 1st to 8th, if the employer does not arrange for the labourer to work, it shall be dealt with according to the original salary calculation method.
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Q:
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Why do employers still need to pay wages if workers do not work on legal holidays?
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A:
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According to Article 51 of the Labor Law, the employer shall pay wages in accordance with the law during the statutory holidays, weddings and funerals and during the period of legal participation in social activities.
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Q:
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Does 300% of the overtime salary include the salary payable on the day of the legal holiday?
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A:
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Pursuant to the "Response Letter of the Ministry of Labor Regarding Issues Related to Workers' Working Hours": If workers are arranged to work overtime on statutory holidays, they shall be paid an additional salary not less than 300% of their wages. Compensatory time off is generally not arranged. Therefore, paying 300% of wages on statutory holidays does not include the statutory holiday remuneration that can be enjoyed without overtime.
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