The State Council has decided to extend the three-day holiday for the Spring Festival. This is a unified holiday arrangement across the country. Then during this three-day holiday, if someone goes to work normally due to special circumstances, it is necessary to follow the relevant provisions of the labor law.

According to Article 44 of the Labor Law, in any of the following circumstances, the employer shall pay wages that are higher than the normal working hours of the worker:

(1) Where the worker is arranged to extend the working hours, pay a salary of not less than 150% of the salary;

(2) If a worker is arranged for work on a rest day and cannot arrange compensatory rest, he shall pay a salary of not less than 200% of the salary

(3) Where workers are arranged on statutory holidays, they shall pay a salary of not less than 300% of their wages.

According to this stipulation of the Labor Law, if the employees work normally during the three-day extended vacation period, the enterprise can make two choices:

1. Give employees three days off. The so-called three days off here refers to the day off on normal working days, not the weekend.

2. Pay employees directly at twice the salary.

Many people may have doubts when seeing this. The extended holiday was proposed by the State Council. Isn’t this a legal holiday? Since it is a statutory holiday, isn’t it paid at three times the salary?

In fact, China ’s statutory holiday is only three days during the Spring Festival. Other holidays are classified as shift leaves, not statutory holidays, including this time three-day extension of the Spring Festival holiday by the State Council. It should be done in accordance with the relevant provisions of rest days, not in accordance with the provisions of legal holidays.

Further, according to Shanghai Municipal government announcement, various enterprises in the area of the city shall resume work no earlier than 24:00 on February 9.

It means the delay in resuming work is due to the need for epidemic prevention and control. So these days are rest days. For rest employees, the enterprise shall pay wages in accordance with the standard agreed in the labor contract. For employees who undertake work and other tasks, the employees of the company who work shall be compensated for overtime as rest days (200% of the salary), or pay overtime wages in accordance with regulations.

At the end, thanks for all the clients, partners, suppliers of your caring and understanding, we are all safe and at home now. We believe this epidemic situation is in control and soon we will go back to the work on 10th.Feb.2020. But should you have any urgent issues, please contact us by e mail, we will try our best to solve it.