March 8 is international women's day, a festival for women compatriots. Of course, this festival is also a festival to commemorate women's independence and liberation. Is March 8 women's day a holiday? Is March 8th women's Day legal? Let's have a look!
The provision of half day holiday for women comes from Article 3 of the measures for national holidays and anniversaries issued by the State Council. March 8th women's Day is a holiday for some citizens. Therefore, women's Day holiday belongs to "legal half day holiday".
The letter of the Ministry of labor and social security on wages related to holidays for some citizens (LST [2000] No. 18) stipulates that during holidays for some citizens, the unit shall pay wages to employees who participate in social or unit organized celebrations and work as usual, but shall not pay overtime wages.
If the festival coincides with Saturday or Sunday and the unit arranges employees to work overtime, they shall pay overtime wages on rest days according to law.
The employer has no legal obligation to pay women's day benefits, but if there is an agreement in the collective contract and labor contract, or there is a provision in the rules and regulations, it shall be handled according to this Agreement and provision.
According to Article 4 of the provisions on the composition of total wages:
The total wage consists of the following six parts: hourly wage; Piece rate; Bonus; Allowances and subsidies; Overtime pay; Wages paid under special circumstances. Welfare expenses are not included.
Article 11 of the provisions stipulates that: 'the following items are not included in the scope of total wages: various expenses related to labor insurance and employee welfare.
Therefore, the benefits paid by the employer to female employees on women's day are not included in the total salary.
Lawyer of this issue: Hu Ruili, deputy director of the labor law professional committee of Long'an law firm, deputy director of the labor law professional committee of Tianjin Bar Association, solver of the Enterprise Labor Law Consulting Hotline of Tianjin Economic and Technological Development Zone, deputy secretary general and special lecturer of the human resources special committee of Tianjin high tech Enterprise Association, and member of China law society
Women's Day is a legal holiday for some citizens. Those who work normally do not have the same overtime pay as all citizens on legal holidays. However, in this way, the wages for going to work on the same day and not going to work on the same day will be the same. Some employees may refuse or excuse not to go to work when they have work needs. For the sake of fairness and rationality and mobilizing employees' enthusiasm, in practice, most enterprises will generally independently stipulate that employees who go to work on the same day will be given overtime pay or compensatory leave.