1. The salary for the seven-day Chinese New Year holiday belongs to paid vacation, and is paid according to the average daily salary standard;
2. If you work overtime during the seven-day holiday, you will be paid 300% of the average daily salary on the first, second and third days, and paid off on the fourth, fifth and sixth days. The overtime pay for these four days will be calculated at no less than 200% of the due remuneration.
The labor law stipulates that Chinese New Year holidays are paid. Because annual leave also belongs to the welfare of workers, it is stipulated by law, and wages need to be paid during vacation. If you work overtime during the Spring Festival, the company has to pay three times the salary and overtime pay. There is a salary for the Chinese New Year.
The Spring Festival has seven days, which are all legal holidays stipulated by the state and paid holidays in China. Among them, the first, second and third days of the Spring Festival are legal holidays and paid holidays. Those who work overtime in these three days shall also be paid overtime at not less than 300% of their due remuneration.
If you leave your job during the Spring Festival, your salary and bonus should be paid in full, but the legal Spring Festival holiday is only three days, so you can only rest for three days, and seven days should be paid, depending on how the company calculates these seven days. Because these seven days belong to holidays, it means that they will be adjusted from the previous or subsequent holidays to the Spring Festival.
If the Spring Festival is celebrated only after going through the resignation formalities, the employer must issue a certificate of dissolution of the labor contract, and the employee's salary deposit and economic compensation must be settled after the employee goes through the resignation handover formalities according to law. The employing unit shall not deduct or default at will, and the parties concerned may ask for settlement when going through the resignation formalities. Otherwise, the parties concerned may appeal to the Labor Bureau or report the illegal acts of the employing unit.
Legal basis:
Labor law of the people's Republic of China
Article 44 Under any of the following circumstances, the employing unit shall pay wages higher than the wages of the workers during their normal working hours according to the following standards:
(1) If the laborer is arranged to work longer hours, he shall be paid no less than 150% of the salary;
(2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 200% of their wages;
(3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages. Article 45 The State practices the system of paid annual leave. Workers who have worked continuously for more than one year are entitled to paid annual leave. Specific measures shall be formulated by the State Council.
Article 51 The employing unit shall pay statutory holidays wages according to law, that is, when converting daily wages and hourly wages, 1 1 statutory holidays stipulated by the state shall not be excluded.