Answer: Current public holidays in China include: New Year’s Day (January 1), Spring Festival (the first, second and third day of the first lunar month), Qing-Ming Day (the day for Tomb Sweeping in the lunar calendar), Labor Day (May 1), Dragon Boat Festival (on the day of Dragon Boat Festival in the lunar calendar), Mid-Autumn Festival (on the day of Mid-Autumn Festival in the Lunar calendar) and National Day (October 1, 2 and 3).
Holidays and anniversaries for some citizens include Women’s Day for female employees (half a day on March 8), Youth Day for employees between the ages of 14 and 28 (half a day on May 4), and customary holidays for ethnic minorities.
Workers in the standard workhour system, including employees on permanent, fixed term, work assignment contracts, and labor dispatch, do not have to work on public holidays, and the employer is obligated to pay the ordinary wages of employees. If a public holiday falls on an employee’s use of annual leave, weekend day, paid sick leave, or bereavement leave, the public holiday shall be taken additionally or be encashed in the form of unused annual leave.
If a full-time employee works overtime on public holidays, the employer shall pay 300% of the ordinary wage for the number of hours of overtime work, and in principle, the overtime wage shall not be replaced by time-off in lieu.[Article 44 of the Labor Law.]However, eligible employees work on public holidays such as Women’s Day and Youth Day, the employers do not need to pay overtime wages.1Letter of the General Office of the Ministry of Labor and Social Security on Wage Issues Related to Holidays for Some Citizens: ¡°In accordance with the provisions of the State Council’s Measures for Holidays on National New Year’s Festivals and Memorial Days (Decree No.270 of the State Council) on holidays for some citizens such as Women’s Day and Youth Day, during the holidays for these citizens who participate in celebrations organized by society or employers, their employers shall pay wages as if they normally work. No overtime wages shall be paid. If the festival falls on Saturday or Sunday and the employer arranges employees to work overtime, it shall pay overtime wages on weekend days according to law.¡±
Should employees on non-standard work hours be paid three times overtime wages for working overtime on public holidays? At present, judicial decisions are not very clear on this point. If the employment contract of a casual employee stipulates that the employee is required to work on public holidays, the employee shall abide by the agreement, but the employee shall be entitled to three times ordinary pay for the public holidays¡¯ work.2Civil Judgment of the Second Instance of the Labor Dispute Case between Haiyun and Fuyang Branch of China United Network Communications Co., Ltd., Civil Judgment of Fuyang Intermediate People’s Court of Anhui Province (2016) No.3420. ¡°Casual workers enjoy the right to rest on public holidays according to the employment contract and the provisions of national laws and regulations.¡± Li Meiyi, Shenzhen Branch of Haikou Xinhua Zhengda Airport Service Co., Ltd. and other civil judgments of the second instance of labor disputes.
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- 1Letter of the General Office of the Ministry of Labor and Social Security on Wage Issues Related to Holidays for Some Citizens: ¡°In accordance with the provisions of the State Council’s Measures for Holidays on National New Year’s Festivals and Memorial Days (Decree No.270 of the State Council) on holidays for some citizens such as Women’s Day and Youth Day, during the holidays for these citizens who participate in celebrations organized by society or employers, their employers shall pay wages as if they normally work. No overtime wages shall be paid. If the festival falls on Saturday or Sunday and the employer arranges employees to work overtime, it shall pay overtime wages on weekend days according to law.¡±
- 2Civil Judgment of the Second Instance of the Labor Dispute Case between Haiyun and Fuyang Branch of China United Network Communications Co., Ltd., Civil Judgment of Fuyang Intermediate People’s Court of Anhui Province (2016) No.3420. ¡°Casual workers enjoy the right to rest on public holidays according to the employment contract and the provisions of national laws and regulations.¡± Li Meiyi, Shenzhen Branch of Haikou Xinhua Zhengda Airport Service Co., Ltd. and other civil judgments of the second instance of labor disputes.