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    Overtime pay on Legal holidays in China


    These two weeks, I haven't updated my blog, because I've taken a long holiday, which is after Chinese Spring Festival.

    The Spring Festival,is a legal holiday in China, it is very important for our Chinese people, just like Christmas Day for foreigners.

    My friend, do you know how many legal holidays in China ?

    Up to now, there're 7 legal holidays.

    1.New Year Day, Jan 1st, Gregorian calendar.

    2.Spring Festival, from Chinese New Year's Eve to Jan 2nd, Chinese Traditional calendar. Mostly, it will in Feb of Gregorian calendar.

    3.Tomb-sweeping Day, it is not only a festival, but also one of Chinese 24 Solar Terms.It should be one day between April 4th and April 6th, Gregorian calendar. Now it is fixed to be April 5th by Chinese government for convenience.

    4.International Labor Day, May 1st,Gregorian calendar.

    5.Dragon-boat Festival, May 5th, Chinese Traditional calendar. Mostly, it will in Jun of Gregorian calendar.

    6.Mid-Autumn Day, Aug 15th, Chinese Traditional calendar. Mostly, it will in Sep of Gregorian calendar.

    7.National Day, from Oct 1st to Oct 3rd, Gregorian calendar.

    Moreover, these holidays are very short, in order to let people feel better, Chinese government always make it longer by move some weekends which before or after the legal holidays.

    For example, the National Day in 2011, the holiday will be from Oct 1st to Oct 7th.

    That means:

    1.Oct 1st to Oct 3rd,are legal holidays.

    2.Meanwhile, Oct 1st and 2nd, are weekend, so these two days have been moved to Oct 4th and 5th. 3.Then, Oct 6th and 7th, are still holidays,that is because the real weekends Oct 8th and 9th, we need to work.

    It's a little complicated, can you understand it?

    Then how about the overtime pay on these days ?

    According to the labor law of China,

    1.Overtime pay of legal holidays, are 3 times of employees' salary on workday.

    2.Overtime pay of weekends, are twice of employees' salary on workday.

    3.Overtime pay of workday,are 1.5 times of employees' salary on workday.

    Let's do a small test together:

    The question is: John is a Chinese employee,whose salary is RMB 30 per hour on workday. If he is on overtime from Oct 1st to Oct 7th, 3 hours per day, then how much overwork salary should we pay?

    The answer is: RMB 1530. Are you right?

    We could do it step by step:

    1.Oct 1st to Oct 3rd,legal holidays: RMB 30 * 3 days * 3 hours per day * 3 times = RMB 810.

    2.Oct 4th and 5th,weekends: RMB 30 * 2 days * 3 hours per day * 2 times = RMB 360.

    3.Oct 6th and 7th,weekends: RMB 30 * 2 days * 3 hours per day * 2 times = RMB 360.

    4.Add together these figures: RMB 1530.

    Therefore, you must know, the cost is very high if we require employees working overtime on the legal holidays.

    If you want to know more about human resource in China, welcome to my other blog:

    http://blog.sina.com.cn/u/1879100727

    And questions are invited.


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