Four Times of Wages for Overtime Payment on Statutory Holidays!

On Jan 1^st, 2025, the General Office of the Ministry of Human Resources and Social Security released the Notice on Effectively Implementing the "Decision of the State Council on Amending the 'Measures for the Holidays of Annual Festivals and Memorial Days'".

Highlights of the Notice are as follows:

I. Strengthen Policy Guidance to Ensure Employees Enjoy All Their Statutory Leave

All localities shall guide employers to arrange employees' leave in accordance with the law, so as to ensure that the vast majority of employees can fully enjoy their due leave. Employers are encouraged, on the basis of respecting employees' wishes, to balance the work needs of the units and the living needs of employees, connect annual leave with rest days, statutory holidays, etc., optimize the schemes of concentrated or segmented leave, arrange paid leave more flexibly, and continuously improve the management efficiency of the employee leave system.

Employers shall be guided to clarify the conditions for enjoying paid annual leave, the number of days of leave, the application method, and the implementation procedures, so as to ensure that employees (including dispatched workers) who meet the statutory conditions can fully enjoy their due leave.

II. Standardize Payment Behaviors to Protect Employees' Rights to Wages During Leave

Employees shall enjoy the same wage income during statutory holidays and paid annual leave as during normal working periods. If any employers lawfully arranges employees to work on statutory holidays, it shall pay the employees additional wages at no less than 300% of their daily or hourly wage standards stipulated in the labor contract. If any employer fails to arrange annual leave for employees or arranges fewer days of leave than the number of days of annual leave due to work needs and with the consent of the employees themselves, it shall pay wages for the unpaid annual leave days according to the law. To calculate the daily wage income for unpaid annual leave, enterprises shall convert it by dividing the employee's monthly wage by the monthly salary calculation days (21.75 days), while public institutions shall convert it by dividing the employee's annual wage income by the annual salary calculation days (261 days). The hourly wage income of employees is converted by dividing the daily wage income by 8 hours.       

III. Strengthen Supervision and Inspection and Properly Resolve Contradictions and Disputes

For enterprises and other units that do not arrange employees' leave and fail to pay wages according to regulations, they shall be ordered to make corrections within a time limit according to the law. For those that fail to make corrections within the time limit, in addition to ordering the unit to pay the unpaid leave wages, compensation shall be paid to the employees according to the amount of wage remuneration; for those who refuse to pay the unpaid leave wages and compensation, an application shall be made to the people's court for compulsory execution. For personnel disputes or labor disputes arising from rest and leave, efforts shall be stepped up to resolve disputes, so as to effectively safeguard the rights of workers to rest and leave in a timely manner.

IV. Intensify Publicity Efforts to Create a Favorable Social Atmosphere

All localities shall comprehensively utilize various media channels and adopt multiple forms to intensify the interpretation of laws, regulations and policies on the statutory holidays and paid annual leave systems for employees of enterprises, public institutions and other units, and strengthen the publicity and guidance of the employee rest and leave system.         

Tips from us:

Please be noted that for overtime payment on statutory holidays, the total payment should be original +additional 3 times salary, according to the updated rules.