Shanghai labor ensures the circumstance of sectional control to make clear, whenever all sorts of legal holiday pass hind, the labor dispute that involves overwork pay appears in great quantities. Concerned expert reminds for this say, although laborer works overtime hind cannot choose " filling money " or " fill cease " , but this does not mean unit of choose and employ persons to be able to be arranged at will.
Basis " labor law " relevant provision, unit of choose and employ persons arranges employee to work overtime during the festival such as new year's day, must extend according to the regulation overwork salary or arrangement fill cease. With new year's day holiday is exemple, was legal holiday on January 1, should according to not under him laborer of day or hour salary standard 3 times pay overwork salary; And in 2 days, 3 days during these two playday, unit of choose and employ persons arranges laborer to work overtime, can fill to rest and do not pay overwork salary to laborer arrangement, if do not give,fill cease, criterion ought to according to do not pay overwork salary of day or hour wage doubly under him laborer.
Afore-mentioned regulations make clear, if laborer works overtime in playday, unit of choose and employ persons can choose " fill cease " or " filling money " , and should first choice " fill cease " ; If laborer works overtime in legal holiday, servantchoose a person for a job unit must " filling money " , and must not rest in order to fill, tone rests wait for means take out.
The expert points out, according to the circumstance that masters in in former years about the branch, units of some choose and employ persons did not make discriminative arrangement by afore-mentioned regulations, and uniform " attune of after the event rests take out " , for example although be in before the Spring Festival in legal holiday of 3 days, also use " attune of after the event rests " replace pay overtime, this is belonged to " flexible tort " , laborer should give vigilant.