Employers need to pay employees at least 300 percent of a normal day’s wage for work during the holiday between Oct. 1-4, according to a notice of the Shenzhen Municipal Human Resources and Social Security Bureau recently, explaining the rules on extra work over the holiday.
As Mid-Autumn Festival falls on National Day, there will be an eight-day holiday from Oct. 1-8. But Sept. 27 (Sunday) and Oct. 10 (Saturday) will be workdays.
For employers, if they want employees to work on any extra days between Oct. 1-4, they need to pay at least three times the employees’ normal day rate.
Between Oct. 5-8, employers need to pay day wages twice the normal rate if they are unable to provide other days off to make up for the extra workdays.
The payment for extra days can be calculated by the monthly salary divided by 21.75 days, multiplied by three (or two) and multiples extra days (monthly salary÷21.75 days×3 (or 2)×extra days). 21.75 is the number of monthly working days for the purpose of salary payment calculation, according to Shenzhen’s salary payment regulations.
If the monthly salary standard of an employee is not stipulated in the labor contract, the payment can be calculated according to the city’s minimum salary standard — 2,200 yuan (US$323) per month. If the employees work for eight hours in an extra day, the payment for a workday during a public holiday should be 2200÷21.75×3=303.45 yuan. For the weekends, the payment should be 2200÷21.75×2=202.30 yuan.
Employers need to get consent from employees for working for extra days and extra hours, and cannot require employees to work for all eight days during the National Day holiday.
Employees can call 12333 to make a complaint.
The employers cannot require employees to work for extra hours for free and it is invalid if the employees voluntarily give up the extra work payments.
The employers should pay three times the standard wages of the employees, if the employees agreed to give up paid annual leave at the request of the employers. If the employees voluntarily give up the paid annual leave, the employers only need to pay the regular salaries.