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What are the leavers for workers? Statutory holidays, annual leave, marriage leave, bereavement leave, sick leave...

What are the common holidays for workers (excluding special circumstances such as the comprehensive calculation of working hours)? Here's a rough list:

(1) Public holiday days: At present, China generally implements a two-day rest system per week, which is generally arranged on Saturdays and Sundays, but the employer can adjust the scope of rest time, provided that the migrant workers take a day off every week. Overtime pay is required if the working hours exceed the standard working hours prescribed by law.

(2) Statutory holidays (or statutory holidays): There are 11 days of statutory holidays for all citizens every year, namely one day of New Year's Day, three days of Spring Festival, one day of Qingming Festival, one day of Labor Day, one day of Dragon Boat Festival, one day of Mid-Autumn Festival, and three days of National Day. For the part that overlaps with the public holiday days, the public holidays will be adjusted to working days. If the citizens rest on the above-mentioned holidays, they shall be regarded as providing normal labor; if overtime is arranged, overtime wages shall be paid at three times the standard wage; that is, if they do not go to work on statutory holidays, they shall be paid the same day's wages; and those who go to work shall be paid a total of 4 times the wages.

The statutory holidays of individual citizens are: Women's Day, Youth Day, Founding Day, etc., in order to carry out commemorative activities, the relevant workers can take a half-day holiday. At this time, if there is a public holiday, there will be no compensatory leave. The scope of application of Youth Day extends to 28 years of age, which is different from the scope of "youth". At this time, the workers who participate in the activities are paid normally; those who go to work are not considered to be overtime, and the wages are paid normally.

(3) Holidays belonging to ethnic minorities: The local people's governments of ethnic minority settlements stipulate how to take holidays, and the most generous ethnic minority festival that the author has contacted at present is the Panwang Festival in Guangxi.

(4) Annual leave: It is related to the working years of the migrant workers (commonly known as social working years), and has nothing to do with the years of work in the employer, which shows that the contributions made by the hard work of the migrant workers to society are all seen by the state (tears). Therefore, it is generally believed that statutory annual leave employers cannot make employees give up through rules and regulations (if agreed, the employer's own expression of intention should be made with caution). If the worker has worked for 1 year but less than 10 years, the annual leave is 5 days; if the cumulative work has been completed for 10 years and less than 20 years, the annual leave is 10 days; and the cumulative work has been completed for 20 years, the annual leave is 15 days. Employers have the right to arrange centralized annual leave (in practice, annual leave is usually arranged before and after the Spring Festival, and the long holiday and the Spring Festival have a certain relationship), and in principle, it is not arranged across the year. If the annual leave is not taken, 300% of the salary shall be paid, including the salary for normal work, that is, an additional 200% shall be paid, and the calculation standard shall be normal working hours wages, not including overtime wages. When initiating labor arbitration, the difference in wages for untaken annual leave and overtime pay are two requests, so don't confuse them.

(5) Marriage leave: Marriage leave is usually 3 days, and each place may reward late marriage leave according to the actual situation (most areas have been cancelled), and the marriage leave is paid leave, which needs to be applied to the employer.

(6) Bereavement leave: Usually applicable to the death of parents, spouses and children, the time is generally 1-3 days, subject to local regulations. Salaries during bereavement leave are calculated as usual. If a relative who is not within the above scope dies, he or she may apply to the employer for personal leave. The situation that the employer does not approve the personal leave is more complicated, and generally the relevant factors should be comprehensively considered to determine whether the act of not approving the leave is reasonable (China has a tradition of heavy family affection, and the deceased is large); the employer has not approved the leave, and there will be certain risks in terminating the labor contract on the grounds of absenteeism, which is easy to be considered to be illegally terminated.

(7) Personal leave: Generally speaking, whether to approve leave is within the scope of the employer's autonomy, and the employer has the right to decide whether to approve leave. However, in the case of not approving the leave of the departed workers, whether it can be treated according to absenteeism generally needs to be comprehensively considered in practice.

(8) Family leave: The treatment of state-owned enterprise migrant workers will not be discussed for the time being.

(10) Family planning surgical leave: each locality has specific implementation measures.

(11) Sick leave (leave): During the period when the worker is sick or injured in the line of duty (non-work injury or occupational disease), after examination by a medical institution, a certificate is issued and approved by the competent department of the unit (usually the personnel department or the administrative department) or the leader, the worker stops working and treats the disease or recuperation. At this time, related to it is the concept of medical period, which refers to the period of time during which the employee is not allowed to terminate the contract during the period of sick leave. Sick leave during the medical treatment period shall be paid in accordance with the regulations (there are differences in each place, and the usual requirement shall not be less than 80% of the minimum wage standard of the employer's location, and Shenzhen shall also stipulate that it shall not be less than 60% of the wage during normal working hours). The length of the medical treatment period is specified in the notice of the Ministry of Labor on the Implementation of the > of the Provisions on the Medical Period for Illness or Non-work-related Injuries of Employees of < Enterprises" and is related to the employee's social service age and the length of service in the unit, and the logic behind it is that the law believes that the labor contribution of the employee is not only reflected in the labor remuneration, but also part of the value remains in the employer and society.

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