Chinese New Year Holiday: How Overtime Pay is Calculated This Year?
Chinese New Year is fast approaching, and many people are eagerly looking forward to the holiday season!
However, it's important to note that this year, the schedule is a bit different. The week before the holiday (January 26th, Sunday), which was previously thought to be a day off, will now be a working day!
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The official Chinese New Year holiday runs from January 28th to February 4th, lasting 8 days. Work resumes on February 5th, and February 8th (Saturday) is also a working day following the holiday. So, with an additional day off this year, how will the overtime pay for working during the holiday be calculated?
How Is Overtime Pay Calculated for This Year's Chinese New Year?
The official response is as follows:
1. Overtime Pay for January 28th to January 31st (Chinese New Year Eve to the 3rd Day of the New Year)
These days are considered legal public holidays. Employers must pay overtime wages at no less than 300% of the employee's daily or hourly wage base.
Important: Employers cannot replace the overtime pay with compensatory time off for work on legal public holidays.
2. Overtime Pay for February 1st to February 4th (4th to 7th Day of the New Year)
These days are rest days, meaning they are weekends or designated rest periods. If employees are required to work during these days, employers can offer compensatory time off of the same length. If compensatory time off is not possible, employers are required to pay overtime at no less than 200% of the employee's daily or hourly wage base.
So in summary:
Legal holidays (Jan 28th - Jan 31st): Overtime pay should be at least 300% of the regular rate.
Rest days (Feb 1st - Feb 4th): If you work on these days, you should either get a compensatory day off or receive 200% overtime pay.
No substitute for compensation: For legal holidays, employers cannot replace the overtime pay with compensatory time off.
So if you have to work during the holiday, make sure to confirm with your employer how they will handle this additional day off, and ensure you're compensated fairly for your hard work during the holiday season. Happy New Year!
Source: 中国妇女报
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