What Is Vacation Pay?

Holiday pay refers to national holidays (New Year's Day holiday, three days of Spring Festival holiday, one day of Ching Ming Festival, May Day holiday, one day of Dragon Boat Festival holiday, one day of Mid-Autumn Festival holiday, three days of National Day holiday) and weekends and other holidays Work overtime and get overtime pay from their work unit. Depending on the overtime hours, vacation pay varies. During statutory holidays, the holiday wages should be paid at least three times the usual wages. If overtime is a statutory holiday with double weekends, the holiday pay for weekends should be paid at least twice the usual wages.

Vacation pay

National regulations: Whether it is a New Year's Day holiday, a three-day holiday on the Spring Festival, or a one-day holiday on the Qingming Festival, a one-day holiday on the May Day, a one-day holiday on the Dragon Boat Festival, a one-day holiday on the Mid-Autumn Festival, or three days on the National Day holiday, such as overtime, different holidays, workers All should receive overtime pay from the work unit. Holiday pay will be different according to the specific overtime hours.
Statutory holidays, such as October 1st to 3rd, are statutory holidays. Overtime pay shall be paid at no less than three times the daily or hourly wage base. The remaining 4 days are rest days, and overtime pay can only be twice the base.
It is understood that, according to the specific holiday arrangements for National Day, October 1 to 7 will be closed for a total of 7 days, and work will resume on October 8. The Beijing Municipal Bureau of Human Resources and Social Security reminded workers and employers to pay overtime wages during the holidays in accordance with regulations when arranging overtime.
According to regulations, for example, the "11" holidays in 2011 are divided into two categories, one is a statutory holiday, and three days from October 1 to 3 are statutory holidays; the other is a rest day, which is 4 days from October 4 to 7. For rest days.
Regarding the calculation of overtime wages, the Human Resources and Social Security Department stated that according to the relevant provisions of Articles 14 and 44 of the "Beijing Wage Payment Regulations" (Order of the Beijing Municipal Government 142 of 2003), the employers shall be legalized from October 1 to 3 During the holidays, workers should be paid overtime at a rate not lower than 300% of the daily or hourly wage base. For workers who work overtime during the rest days from October 4 to 7, they must arrange compensatory rest for the same time. For compensatory leave, overtime pay shall be paid at a rate not lower than 200% of the daily or hourly wage base.
Therefore, the calculation method of overtime pay during the long vacation is divided into two categories. Overtime wages on statutory holidays = monthly wage base ÷ 21.75 days × 300% × overtime days. Overtime pay on rest days = base monthly salary ÷ 21.75 days x 200% x overtime days.
It is understood that for units that arrange for employees to work overtime during the National Day, but refuse to pay their overtime wages, citizens can call the city's labor security hotline 12333 to report.
How to Calculate Overtime Wage Base
Wage base: First, it is determined according to the wages of the workers themselves as stipulated in the labor contract; secondly, if there is no agreement in the labor contract, it is determined according to the overtime wage base stipulated in the collective contract; The wages that I deserve for normal labor are determined. At the same time, the overtime wage base must not be lower than the minimum wage standard set by this Municipality.
Employers that implement the monthly wage system shall convert the monthly wages of workers into daily or hourly wages in accordance with the "Notice on Issues Concerning the Monthly Average Working Hours and Wage Conversion of Employees throughout the Year" (Ministry of Labor and Social Security [2008] No. 3) Implementation of the regulations. That is, the daily wage is converted based on the monthly salary days 21.75 days, and the hourly wage is converted by dividing the daily wage by 8 hours.
November 9, 2007, State
Su Hainan, director of the Labor and Wage Research Institute of the Ministry of People's Insurance of the People's Republic of China, said recently that China can implement a national income doubling plan. If the average annual wage increases by more than 15%, it can be doubled in about five years. However, it must be made clear that this is a large-scale market. In the specific implementation, not everyone's income has doubled, but only the ability of most people to increase their income significantly. Government departments have a responsibility to make people's income grow faster.
Under the existing distribution mechanism, if the wage doubling plan is to be implemented, three "roadblockers" will be encountered and the "three barriers" will need to be passed:
Draft Amendments to the Implementation Rules of the Labor Insurance Regulations of the People's Republic of China
[Issuing Unit] Ministry of Labor
[Issue Date] 19530126
[Date of implementation] 19530126
The Ministry of Labor announced on January 26, 1953 that the "

Provisions on the scope of implementation in Chapter I of Holiday Wages

Note 1. With regard to various expenses paid under the labor insurance fund, in accordance with the provisions of the Ministry of Finance Caiqizi No. 41 of May 15, 1973, they were paid out of business.
2. Provisions on old-age benefits and treatment of total incapacity for work-related and non-work-related disabilities are the same as those issued by the State Council Guofa [1978] No. 104 on June 2, 1978 and Guofa [1982] ] If the relevant provisions in Document 62 conflict, they shall be implemented in accordance with the relevant provisions of Guofa [1978] 104 and Guofa [1982] 62.
3 Temporary workers' death and disability due to work are completely incapable of treatment according to the provisions of State Council (71) Guofa Document No. 91 and State Planning Commission Labor Bureau (73) Ji Lao Ye Zi No. 57. Treatment.
4 Article 6 "Provisions on the Composition of Total Wages" was changed to "The National Bureau of Statistics of the People's Republic of China on the Composition of Total Wages" approved by the State Council (55) State Secretary Yunzi No. 103 on May 21, 1955 Provisional Regulations "and (78) Caiqizi No. 641, (79) Caiqizi No. 657 documents.
Article 1 Regulations of the People's Republic of China on Labor Insurance (hereinafter referred to as Labor Insurance Regulations)
The provisions of Article 2A regarding "more than 100 workers and staff members" refer to the number of workers and employees in factories and mines, and their business management agencies and subsidiary units are not included. In calculating the number of people, wage system, supply system personnel and apprentices, temporary workers (except temporary construction workers and porters), and probationers should be included.
Article 2: For enterprises that implement labor insurance, their business management agencies and subsidiary units shall implement labor insurance regulations at the same time as the enterprise. "Business management authority" refers to an organization whose entire expenses are covered by business income or capital construction expenses or business expenses. "Subsidiary unit" refers to the relevant business and employee cultural education, welfare and other institutions attached to the enterprise.
Article 3: Workers and staff members working in the affiliated units of enterprises that implement labor insurance and workers of unions shall not be paid directly by corporate administration or employers. Their maternity leave pay, sick leave leave pay, and work-related death funeral expenses shall be paid by The unit that pays wages pays. The unit that pays wages shall pay labor insurance premiums at 3% of the total wages of the workers and staff of each unit. It shall be paid by the administrative side of the enterprise or the employer. Medical expenses during the medical treatment period for workers, staff members, and workers of the union shall be borne by the administrative side or management of the enterprise in accordance with the provisions of the Labor Insurance Regulations.
Article 4 The supply system personnel in enterprises implementing labor insurance shall still be handled in accordance with the provisions of the supply system, and the labor insurance regulations shall not apply. Armed security personnel of factories and mining enterprises, if they are active servicemen belonging to the People's Liberation Army, should still enjoy various treatments of the People's Liberation Army, and the labor insurance regulations are not applicable.
Article 5 When an enterprise that does not implement labor insurance regulations concludes a collective contract for labor insurance, it shall be negotiated and signed in accordance with the spirit of the labor insurance regulations and the actual situation of the enterprise, industry or industry, and shall be reported to the local labor administrative authority for approval. All labor insurance expenses stipulated in the collective contract shall be borne by the administrative side of the enterprise or the management.

Provisions on total wages in Chapter 2 of Holiday Wages

Article 6 Enterprises implementing labor insurance shall, in accordance with the provisions of Article 8 of the Labor Insurance Regulations, calculate the total wages when paying labor insurance premiums in accordance with the "Regulations on Composition of Total Wages" of the Finance and Economic Committee of the State Council Government Administration.

Provisions of Chapter III on the Calculation of Labor Insurance Benefits

Article 7 The wages of workers and staff members are calculated on a daily or monthly basis. When enjoying labor insurance benefits, if calculated based on their own wages, the wages of the workers and staff members are calculated daily or monthly.
Article 8 The wages of workers and staff members are calculated on a piece-by-piece basis. When enjoying labor insurance benefits, if calculated based on their own wages, the average daily wages of the workers and staff members in the last 3 months are used as the calculation standard. If the total working time is less than 3 months, the average daily wage of the worker's actual working day shall be used as the calculation standard. However, if the sickness and injury leave is within 7 days, the daily average wage of the previous month can be used as the calculation standard.
Article 9 When a worker or employee who receives a disability subsidy due to work retires or dies, when receiving a pension, relief or subsidy based on his salary under the labor insurance fund, his salary shall be calculated based on The disability subsidy is calculated together.
Article 10 Apprentices whose wages are lower than the minimum wages of ordinary workers in the enterprise shall be calculated based on the minimum wages of ordinary workers in the enterprise, but the labor insurance premiums they receive shall not exceed their wages . Chapter IV Provisions on Treatment for Injury, Disability or Death due to Work Article 11 Workers and employees shall enjoy treatment for injury, disability or death due to work under the following circumstances:
1. Due to the execution of daily work and the tasks designated or agreed temporarily by the management of the enterprise;
2. Doing work that is beneficial to the enterprise in an emergency without being designated by the company's administration or management;
3. Work on invention or technological improvement. Regarding the determination of work-related or non-work-related work, the labor union group truthfully reports the labor insurance committee of the labor union basic committee (hereinafter referred to as labor insurance committee) to review and determine, and then reports to the labor union basic committee to notify the enterprise administration or the employers and workers themselves or their support Immediate relatives. If there is any disagreement, it should be reported to the labor administrative organ of the local people's government for prompt processing, but before it is handled, it should be handled in accordance with the notice of the basic committee of the trade union.
Article 12 The disability review committee stipulated in Article 12 (c) of the Labor Insurance Regulations shall be established under the leadership of the municipal trade union organization or the industrial trade union local organization, and its candidates shall be represented by the aforementioned trade union organizations, labor administrative organs and health administrative organs. It consists of 3 to 7 people. The representatives of the municipal trade union organization or the industrial trade union local organization are the conveners. Representatives of the labor insurance committee and the attending physician of the disabled workers and employees may attend the meeting. Where only individual enterprises implement labor insurance regulations, disability review committees are not organized, and the enterprise's labor insurance committees perform their duties on their behalf. The terms of reference of the Disability Review Board are:
1. Determine the disability status of disabled workers and staff;
2. The disabled person's disability status is checked once every 6 months to determine whether the disabled person's disability status has changed. However, when the disabled person requests to review the disabled status, he or she must review it at any time.
Article 13 Workers and employees who are still able to work due to partial disability due to disability at work shall be paid the disability subsidy due to disability due to disability in accordance with Article 12, paragraph 3, of the Labor Insurance Regulations: If the salary is reduced by 11 to 20%, the compensation for disability due to work is 10% of the salary before disability; if the salary is reduced by 21 to 30%, it is 20% of the salary before disability; if the wage is reduced by more than 30%, the person before disability will be subsidized 30% of salary.
Article 14 Workers and staff must install artificial legs, artificial hands, dental implants, and eye filling after the end of medical treatment at the company's medical clinic, hospital, special hospital, special Chinese and Western physicians, or transferred hospital. It shall be borne by the administrative side or the management of the enterprise.
Article 15 Workers and employees who continue to work due to the loss of labor due to work disability and can still work again due to work disability shall receive the disability subsidy due to work in accordance with Article 12, paragraph 3, of the Labor Insurance Regulations. Continue to pay. When re-employment is caused by the complete loss of labor disability due to the disability of the worker, he shall be treated in accordance with Article 13 (c) of the Labor Insurance Regulations.

Holiday Wage Chapter 5: Illness, Non-work-related Injury, and Non-work-related Disability

Treatment provisions
Article 16 Workers and staff members who are sick or have stopped working due to non-work injuries within 6 months of continuous medical treatment, according to the provisions of Article 13 (b) of the Labor Insurance Regulations, shall be paid by the administrative or management side of the enterprise according to the following standards Wages for holiday leave: 60% of the company's salary for those who have worked less than 2 years; 70% of their wages for those who have worked for 2 years but less than 4 years; 80% of their wages for those who have worked for 4 years but less than 6 years; Those who are less than 8 years in 6 years will receive 90% of their wages; those who have reached 8 years or more will receive 100% of their wages.
Article 17 Workers and staff members who have stopped working due to illness or non-work-related injuries for more than 6 months, according to the provisions of Article 13 (b) of the Labor Insurance Regulations, the salary for sickness and injury leave shall be suspended and replaced by the labor insurance fund , The monthly payment of sickness or non-work-related injury relief, the standard is as follows: the company's wages are less than 1 year, 40% of his salary; those who have been 1 year and less than 3 years, 50% of their wages; 3 years And those who have more than 3 years, 60% of their wages. This relief is paid until it is able to work or is determined to be disabled or dead.
Article 18 Workers and staff members whose wages are lower than the average wage of the enterprise, when receiving sickness or non-work-related injury relief, if the amount of the benefits received is less than 40% of the average wage of the enterprise, the average wage shall be paid at 40% Pay, but not higher than my salary.
Article 19 Workers and employees who have retired due to disability due to work disability and retired pensioners can continue to enjoy medical treatment for illness until the time of death in accordance with Article 13 (1) of the Labor Insurance Regulations.
Article 20 After the termination of medical treatment for sickness or non-work-related injuries for workers and staff, and the determination that they are completely disabled due to their disability, the workers will receive non-work-related disability benefits, funeral subsidies at the time of death, and support for immediate family members. Insurance benefits should cease to be enjoyed.
Article 21 Workers and employees who need to stop working for medical reasons due to illness or non-work injury must submit a certificate from the responsible medical institution. If the above certificate cannot be obtained at the time, they must be certified by the union leader or group labor insurance officer. Labor insurance benefits. When the patient recovers from work, a certificate from the responsible medical institution shall be obtained.

Holiday Wage Chapter VI Provisions on Death Benefits

Article 22 When a worker or employee dies due to work or retired due to disability, according to the provisions of Article 14 (1) of the Labor Insurance Regulations, the average salary paid to the enterprise by the administrative department or management of the enterprise shall be 3 months. Funeral expenses, as well as monthly support payments to dependent family members under the Labor Insurance Fund: For those who provide support to one immediate family member, the salary of the deceased person is 25%; for two persons, the salary of the deceased person is 40%; For three or more people, the deceased's own salary is 50%. This benefit is paid until the dependant loses the condition of the dependency (see Chapter 11 for the condition of the dependency).
Article 23 When a worker or employee dies due to illness or non-work-related injuries, dies after retiring from retirement, or dies altogether after being retired from work due to a disability due to disability, in accordance with Article 14 (b) of the Labor Insurance Regulations, The average salary paid to the enterprise under the labor insurance fund is 2 months as a funeral subsidy, and the following is provided by the labor insurance fund to support the immediate family members' relief: The person who supports the immediate family members is the deceased. My salary is 6 months; for 2 people, the deceased person's salary is 9 months; for 3 or more people, the deceased person's salary is 12 months.
Article 24 Workers and employees who have completely lost their labor force due to work death or disability, and their immediate family members have the ability to work and the enterprise needs to work, the administrative side or the employer shall first recruit them; the children, women, and brothers supported by them My sister has the right to attend the school run by the enterprise.
Article 25 When two or more people of the whole family work in an enterprise where labor insurance is implemented and their immediate family members who are co-sponsored die, one of them shall receive the funeral subsidy and may not reclaim it.

Provisions on pension benefits in Chapter VII of Holiday Wages

Article 26 When a worker or employee retires from retirement, they shall be paid monthly retirement subsidy under the labor insurance fund: those who have worked in the enterprise for 5 years and less than 10 years shall pay 50% of their wages; Those under 15 years of age will pay 60% of their wages; those who have reached 15 years and over will pay 70% of their wages. Pay until death.
Article 27. Workers and staff members who are in compliance with Article 15 of the Labor Insurance Regulations for the purpose of retaining employees to continue their work due to the need of the enterprise, in addition to wages, will be paid monthly in-service pension subsidies under the Labor Insurance Fund: Those who have worked in the company for 5 years and less than 10 years will be paid 10% of their wages; those who have been 10 years and less than 15 years will be paid 15% of their wages; those who have been 15 years or more will be paid 20 %.
Article 28. Workers and employees who receive on-the-job pension subsidies shall not be counted in their wages when they retire from retirement.
Article 29. Workers and employees who have worked in underground mines or fixed in low-temperature workplaces below 32 ° F or high-temperature workplaces above 100 ° F for a total of 10 years, or directly engaged in lead, mercury, thallium, phosphorus , Acid, and other harmful physical health working hours of the chemical and ordnance industries, totaling up to 8 years. Although not engaged in the above-mentioned tasks, they still have to enjoy the provisions of Article 15 C and D of Article 15 of the Labor Insurance Regulations. Retirement benefits.
Article 30 Workers and employees whose wages have fallen below the average wage of the enterprise due to old age and fatigue transfers after the implementation of labor insurance in the enterprise shall be subject to the retirement pension benefits of the enterprise at the time of retirement. Calculation of average salary.

Provisions on Chapter 8 of maternity benefits during vacation pay

Article 31 The maternity leave (regardless of the normal or small birth) stipulated in Article 16 of the Labor Insurance Regulations shall include Sundays and statutory holidays.
Article 32 If a female worker or a female worker or a male worker's wife gives birth, if the twins or multiple babies are born, the maternity allowance shall be paid 8 yuan per person according to the number of children born to them.
Article 33: When the husband and wife are working together in one or two enterprises in which labor insurance is implemented, the maternity allowance shall be collected by the wife, and the husband shall not reclaim it.
Article 34 The maternity leave for women workers and female employees who have had a childbirth for less than seven months is within 30 days, but at least 20 days.
Article 35 If a female worker or female employee gives birth, if the enterprise medical center, hospital, special hospital, or special doctor cannot deliver the child, the childbirth expenses shall also be borne by the administrative department or the management of the enterprise.

Holiday wages Chapter IX on temporary workers, seasonal workers and probationers

Provisions on labor insurance benefits
Article 36 The labor insurance benefits of temporary workers, seasonal workers and probationers in labor insurance companies are tentatively set out as follows:
1. The treatment during the medical treatment for work-related injuries is the same as that for ordinary workers. Those who resign due to the termination of medical treatment for work-related injuries, who are determined to have completely lost their labor force after disability, will be paid a lump sum for disability benefits for the employee for 12 months under the Labor Insurance Fund; Appropriate work is assigned by the corporate administration or management.
2. The medical period for sickness or non-work-related injuries is limited to 3 months, and the medical treatment is the same as that for ordinary workers. During the period of stoppage of medical treatment, within 3 months, the administrative or management side of the enterprise will pay monthly salary for sickness and injury leave, the amount of which is 50% of the person's salary. I am paid for illness or non-work injury relief for 3 months.
3. In the event of death due to work, the administrative or management side of the company will pay the funeral expenses, the amount of which is the average salary of the enterprise for 3 months, and the labor insurance fund will pay the supporting immediate family members' next pension: the supporting family members For one person, pay me 6 months; for two persons, pay me 9 months; for three or more, pay me 12 months.
4. In the event of illness or death due to non-work injury, the funeral subsidy will be paid under the labor insurance fund, the amount of which is the average salary of the enterprise for two months; the other one will be paid under the labor insurance fund to support immediate relatives. , The amount is 3 months of my salary.
V. Pregnancy and childbirth female workers and female employees whose pregnancy check-up fees, delivery fees, maternity allowances, and maternity leave are the same as those of ordinary female workers; during the maternity leave period, the enterprise administration or the employer shall pay the maternity leave pay. 60% of salary.
Article 37 Prior to the promulgation of these rules, the standards of labor insurance benefits for temporary workers, seasonal workers and probationers originally set by various enterprises or their industries or industries are higher than those specified in Article 36 of these rules. Provide payment.

Provisions on Working Age in Chapter X of Vacation Wages

Article 38 The general working age refers to the working hours of workers and staff members with wage income as the all or main source of living information. In calculating general working age, the working age of the enterprise should be included.
Article 39 The working age of this enterprise shall be calculated based on the continuous working hours of workers and staff in the enterprise. If it has left the company, it shall be counted from the date of the last return to work in this enterprise. However, it is not subject to one of the following conditions:
I. All employees who have been transferred by the management of the enterprise, the administration of the enterprise, or the employer shall have their working age before and after the transfer be calculated continuously. However, before the liberation, it is true that the transfer of work due to business needs has a definite proof, and the working age of the enterprise can only be calculated continuously.
2. Worked in this company before liberation, and had been forced to leave and return to the company. If there is definite proof, after the labor union's discussion and approval, and the approval of the Labor Insurance Committee, the working time before leaving and returning to the company , Can be combined for the calculation of the working age of the enterprise.
3. After the liberation, domestic and foreign learners who have been dispatched by enterprise management authorities, corporate administration, or employers during their study period shall be counted continuously during their study period and before and after the assignment. Before the liberation, those who have been assigned domestic or foreign learning business by the management of the enterprise, the administration of the enterprise, or the employer, if there is any definite proof, except for the working period during the study period, the working age of the enterprise before the assignment and after returning to the enterprise may be combined.
4. After the liberation, due to the suspension of business or the reduction of production, the workers and staff of the enterprise shall be transferred to other enterprise workers by the enterprise management authority. The working age of the enterprise before and after the deployment shall be calculated continuously. The demobilized workers and employees still return to their own enterprises when the enterprise resumes work or resumes production or expands production. The length of service of the enterprise before demobilization and after resumption of work should be calculated together.
5. After the enterprise is transferred, reorganized or merged, the original workers and staff members remain as enterprise workers. The working age of the enterprise before and after the transfer, reorganization or merger shall be calculated continuously.
Sixth, the period of stopping medical treatment due to work injury shall be counted as the working age of the enterprise.
7. During the medical treatment period of illness or non-work-related injuries, within 6 months, those who have worked within 6 months shall be counted as the working hours of the enterprise continuously; after the illness has been cured for more than 6 months, they will return to the original enterprise workers, except for the period of more than 6 months Except for working age, the working age of the company before and after it shall be calculated together.
8. Those who have been forced to leave under anti-counterfeit and Kuomintang reactionary opposition to oppose their oppression, and who have continued to struggle during the period of their departure and who have been imprisoned by the Kuomintang government. The working age of the enterprise shall be calculated continuously.
Article 40 The revolutionary workers and revolutionary soldiers who are transferred to work in enterprises shall be counted as their working age in their revolutionary work and military years.
Article 41 Workers and staff members who occupy one of the following positions during the period of hostility and the Kuomintang's reactionary rule shall not be counted as working hours:
First, leaders, supervisors, factory police, mine police and other persons who have oppressed and exploited.
2. Anti-counterfeit and officers of the KMT military gendarmerie, police officers and police officers, anti-counterfeit and officials of the KMT government organs, but excluding personnel in corporate organs.
3. More than members of the Kuomintang division, more than the leader of the Three People's Democratic Youth League, more than the members of the Party Party of the Youth Party District and more than the members of the Democratic Socialist Party Branch, the main leaders of the reactionary door.
Article 42 Anyone who is deprived of political rights shall not be counted as a working age during the period of deprivation of political rights. Those who have been deprived of political rights due to counter-revolutionary crimes should be counted from the date of restoration of their political rights; those who have been deprived of political rights due to other criminal acts should have their businesses deprived and restored of political rights Working age should be calculated together.
Article 43 The provisions of Article 15 (c) and (d) of the Labor Insurance Regulations on the conversion of general working age and the working age of the enterprise shall also apply to the calculation of various labor insurance benefits.
Article 44 The apprenticeship during the study period of the enterprise shall be counted as the length of service of the enterprise. When temporary workers and probationers are converted into regular workers, the length of service of the enterprise shall be counted from the date of joining the enterprise.

Holiday Wages Chapter XI Provisions on Supporting Immediate Relatives

Article 45 Immediate relatives of workers and staff. The main source of living depends on the supply of workers and staff, and those who meet one of the provisions of the following paragraphs can be listed as supporting relatives of the worker and staff and enjoy labor insurance benefits:
1. Grandfather, father and husband who have reached the age of 60 or have completely lost their labor;
2. Grandmother, mother and wife are not engaged in paid workers;
3. Children (including adopted children, children born to ex-wife or ex-husband, children born out of wedlock), siblings (including half-brothers or half-brothers) who are under 16 years of age;
4. The grandchildren are under 16 years of age, their fathers have died or they have completely lost labor, and their mothers have not engaged in paid workers.
Article 46 Workers and staff members have grown up dependent on other people since their childhood. Now the caregiver is over 60 years old or has completely lost the labor force. Women who are not engaged in paid work must rely on the workers and staff to support themselves and co-residents to support them Kinship.
Article 47 After a worker or employee dies due to work, his posthumous son may be listed as a supportive immediate family member.
Article 48 If the relatives of the supporting staff are not living in the same place as the workers and staff, they must obtain a certificate from the local government agency, which is really dependent on the support of the workers and staff.

Holiday Wages Chapter XII Provisions on Medical Institutions

Article 49 An enterprise that has implemented labor insurance shall have a medical institution, and shall enrich its equipment and establish a sound system according to the necessity and possibility; if it has not established a medical institution, it shall establish a medical clinic or hospital separately or jointly; If it cannot be established due to conditions, special hospitals or special Chinese and Western physicians should be responsible for the treatment of sick and injured workers. All expenses of medical clinics, hospitals, special hospitals, and special Chinese and Western physicians shall be borne by the administrative side of the enterprise or the management.

Holiday Wages Chapter XIII About Sanatoriums, Amateur Sanitariums, Child Care

Required
Article 50 Enterprises implementing labor insurance shall, based on the needs of workers and employees and the economic situation of the enterprise, establish sanitariums, amateur sanitariums, and nutrition canteens alone or in conjunction with other enterprises. The housing facilities of the nursing homes, amateur nursing homes, nutrition canteens, salaries of staff and all recurring expenses shall be entirely borne by the administrative side of the enterprise or the management. The food expenses of the recuperates and nutritionists can be subsidized when there are surpluses after the labor insurance fund pays the various subsidies, relief costs, and pension expenses. The allowance must not exceed one-half of the food expenses. Those who are unable to afford the food expenses may increase their subsidies at their discretion, but shall not exceed two-thirds of the food expenses. The grassroots committees of the trade unions of all enterprises should prepare budgets for food subsidies on schedule and send them to the higher-level trade union organizations in charge of the transfer funds for approval and implementation.
Article 51 Female workers and employees of enterprises implementing labor insurance have more than 20 children under four years of age. The primary committee of the trade union shall negotiate with the enterprise administration or management to set up a nursery alone or in conjunction with other enterprises (if the conditions for setting up a nursery have not been met , And there are breastfeeding babies more than 5 must set up a nursing room). The housing equipment, staff salaries and all recurring expenses shall be fully borne by the enterprise administration or management, and the childcare expenses shall be borne by the childcare parents. If the childcare parents have financial difficulties, they shall be provided by the labor insurance fund. Subsidy, but the subsidy for each child must not exceed one third of the childcare diet.

Holiday Wages Chapter XIV Provisions on Excellent Labor Insurance Benefits

Article 52 In accordance with the provisions of Article 19 of the Labor Insurance Regulations, when a worker or employee who enjoys excellent labor insurance benefits dies due to work, his or her immediate family members' pensions shall be paid monthly by the labor insurance fund according to the following provisions: : For those who support one of their immediate family members, the deceased's own salary is 30%; for two, the deceased's own salary is 45%; for three or more, the deceased's own salary is 60%. This benefit is paid until the dependant loses his or her dependency.
Article 53 In accordance with Article 19 of the Labor Insurance Regulations, when employees and employees who enjoy excellent labor insurance benefits retire from retirement, they will be paid a monthly retirement retirement subsidy: those who have worked in the enterprise for 5 years and less than 10 years 60% of my salary; 70% of my salary for those who have been for 10 years but less than 15 years; 80% of my salary for those who have been for 15 years or more. This subsidy is paid until death. Workers and staff members who meet the pension requirements will be retained by the company due to the needs of the enterprise.
When continuing work, in addition to the salary issuance, another monthly pension subsidy is paid under the labor insurance fund: if the company has been working for 5 years and less than 10 years, 20% of its own salary; Those who have reached 15 years of age will receive 25% of their wages; those who have reached 15 years or more will receive 30% of their wages. This subsidy is paid until retirement or retirement.

Holiday Wages Chapter 15 Application and Payment of Labor Insurance Expenses

Rules of procedure
Article 54 All the pension, subsidy and relief payments paid under the labor insurance fund shall be applied to the Labor Insurance Commission by workers, staff members or relatives of dependents. The procedure is as follows:
1. When you start the application, you should fill in the application form according to the actual situation. If you need to prove, you should submit the supporting documents to the labor insurance officer of the labor union group or the leader of the labor union group to hold a group meeting to discuss whether the items you filled in are true. Fill in the Opinion of the Trade Union Group in the application form, sign and seal it, and send it to the Labor Insurance Committee.
2. After receiving the application, the Labor Insurance Committee checks the labor insurance registration card, and the director of the Labor Insurance Committee (if necessary, may hold a labor insurance committee to discuss it) approves the labor insurance benefits and calculation standards that should be enjoyed, and Fill out a payment voucher and submit it with the application form to the applicant for withdrawal from the labor insurance accounting office. If you receive it on a monthly basis, you should issue a collection certificate when approving the application form. It must be reported afterwards at the regular meeting of the Labor Insurance Committee.
3. The labor insurance committee may authorize the workshop labor insurance committee to review and approve the labor insurance benefits of workers and employees in accordance with the provisions of the labor insurance regulations and its detailed implementation rules.
4. After the labor insurance account is paid, the application should indicate the amount and date of payment, signature and seal, and return the application to the labor insurance committee for safekeeping.
5. Those who receive labor insurance benefits on a monthly basis shall send the receipt to the labor insurance committee after signing or stamping and filling out a payment slip before receiving the monthly payment. Immediate relatives are not present in the country, they must attach the certification documents issued by the local government agency, and send them to the Labor Insurance Committee to apply for remittance together with their receipts. The remittance and postage are paid by the labor insurance fund.
Article 55 The pension, subsidy and relief payments paid by the Labor Insurance Committee shall be paid monthly, and shall be paid no later than the end of each month. If the payee is not residing locally, the Labor Insurance Committee may pay quarterly Pay (pay once every 3 months). Once issued, it should be issued no later than 5 days after approval.
Article 56 The sickness and injury, maternity leave pay and funeral funeral expenses directly paid by the administrative or management side of the enterprise shall be paid by payee's name, payment standard, and payment amount after the monthly payment. Submit it to the Labor Insurance Committee for inspection.
Article 57 Funeral expenses for work-related deaths and funeral subsidies for non-work-related deaths shall be applied for and received by the deceased's immediate family members or immediate family members. If none of the above-mentioned relatives or relatives are not in the locality, they may be collected by the basic-level committee of the trade union to handle funeral Matters.
Article 58 If any enterprise that implements labor insurance relocates to other regions, the monthly pension, subsidy, and relief payments received by workers and employees who cannot move with the enterprise shall be adjusted by the provincial and municipal trade unions or the national committee of the industrial union. The payment shall continue to be paid; workers and staff members who have not recovered from their injuries shall continue to be treated by the enterprise administration or management in accordance with Article 12 (a) of the Labor Insurance Regulations or
Article 13 The provisions of paragraphs A and B shall remit medical expenses and wages during medical treatment.
Article 59. When an enterprise implementing labor insurance goes out of business, the monthly pensions, subsidies and relief payments received by its workers and employees shall be continuously paid by the provincial and municipal trade unions or the National Committee of the Industrial Trade Union in the transfer payments; Those who have not recovered shall be dealt with by the administrative department of the enterprise or the management party in consultation with the basic committee of the trade union when they are out of business.
Article 60 All labor insurance companies that carry out labor insurance, if transferred, reorganized or merged, shall continue to handle all of their labor insurance business. All labor insurance expenses that shall continue to be paid to workers and employees shall not be suspended. give.
Article 61 Workers, employees, or immediate family members who receive pensions, subsidies, and relief payments shall be deprived of political rights if they are deprived of their political rights. When the political rights are restored, they shall submit certificates to the Labor Insurance Committee. If approved, they still have to receive, but the labor insurance benefits during the suspension period will not be reissued.
Article 62 When workers and employees working in an enterprise that implements labor insurance are transferred to work in another enterprise that implements labor insurance by the enterprise management authority, the labor insurance commission will send the labor insurance registration card and related labor insurance documents to the call Enterprises and labor insurance committees will register after the arrival of workers and employees and continue to enjoy labor insurance benefits. In case of illness, injury, disability or death during the transfer, the calling enterprise shall handle it in accordance with the provisions of the Labor Insurance Regulations. As for the transfer of work from an enterprise that has already implemented labor insurance to an enterprise that does not have labor insurance, the related labor insurance benefits shall be handled in accordance with the existing regulations of the calling unit.
Article 63 When workers, employees or their dependents relatives decide, calculate and pay for labor insurance benefits, they may ask the higher-level labor union to deal with it when they disagree with the administrative aspects of the enterprise or the employer and the labor insurance committee, or submit to the local people s government. The labor administrative organ filed a complaint.
Article 64 Workers, employees and their immediate family members who receive various pensions, subsidies and relief payments shall report to the Labor Insurance Committee immediately if there are changes in the conditions of their receipt or they have lost the conditions of receipt. After being found out, the Labor Insurance Committee may grant the right to publicly criticize or stop enjoying various labor insurance benefits for one to three months according to the seriousness of the circumstances, and recover the amount obtained by making false reports.
Article 65 Where there is a change in the calculation standards of the monthly pension, subsidy and relief costs, the Labor Insurance Committee shall endorse the receipt certificate; when there is a change in the type, the original receipt certificate shall be returned for cancellation, and The applicant shall fill in another application form and apply for it.

Holiday Wages Chapter XVI Provisions on Keeping Income and Expenditure of Labor Insurance

Article 66 The basic-level trade union committees that belong to the National Committee of the Railways, Posts and Telecommunications, Weapons and Marine Workers' Unions shall transfer the remaining portion of the labor insurance fund to the national committees of the trade unions of each industry as adjustment funds each month; The basic-level committees of the trade unions that belong to the national committees of the above-mentioned industrial unions shall transfer the remaining portion of the labor insurance fund to the provincial and municipal trade union organizations directly under their superiors each month as adjustment funds. The textile, coal mine and other industrial unions, if they have the conditions to control the transfer funds themselves, can be in charge of the transfer funds with the approval of the All-China Federation of Trade Unions.
Article 67. If the National Committee of Industrial Trade Unions in charge of transfer funds, when authorizing their local organizations to control transfer calls, shall formulate detailed measures according to the specific conditions of the industry and report to the All-China Federation of Trade Unions and the Ministry of Labor of the Central People's Government Filing.
Article 68 The late payment fee is transferred from the labor union basic committee to the labor insurance fund, and its purpose is the same as that of the labor insurance fund.
Article 69 Each enterprise's accounting department shall, in accordance with the provisions of the labor insurance fund accounting system, establish separate account books to record the income and expenditure of labor insurance funds. This work is handled by the corporate accounting department and is responsible to the labor insurance committee.
Article 70 When enterprises start to implement labor insurance, the basic-level committee of the trade union shall report the national committee of the industrial union or the provincial or municipal trade union organization according to the actual number of the enterprise, and prepare a budget for printing the labor insurance registration card and report it to China. Issued by the National Federation of Trade Unions and paid by the General Labor Insurance Fund. Basic paper labor union organizations need to apply for labor insurance business, and the paper printing fees for obtaining certificates shall be reported to the provincial and municipal union organizations in charge of the transfer funds and the National Committee of Industrial Trade Unions for payment and payment. The paper printing, publicity, office and other expenses of the statistical tables required by the trade union organizations at all levels shall be paid within the work expenses of the trade unions. The salary, office expenses, summons, account books, statements and other recurrent expenses of the accounting department of the enterprise accounting department for the personnel of the labor insurance fund shall be borne by the administrative side or the management of the enterprise.

Holiday Wages Chapter 17 Supervision and Inspection of Labor Insurance Business

Provisions
Article 71 The labor insurance organizations of major administrative regions shall report the income and expenditure reports of labor insurance funds every three months to the labor administrative organs of the local administrative regions, the Ministry of Labor of the Central People s Government, and the All-China Federation of Trade Unions. Each year, January, February, and March are the first quarter, April, May, and June are the second quarter, July, August, and September are the third quarter, and October, November, and December are the fourth quarter. If the month when the report starts is in the second or third month of the quarter, it shall also be handled in accordance with the provisions of this Article, and shall not be fabricated across quarters or years.
Article 72 The fund review committee has the right to review the income and expenditure accounts of the labor insurance fund at any time. If errors are found, they can immediately submit opinions. The accounting department of the enterprise or the labor insurance committee should reply or correct them promptly. Failure to respond or improperly deal with, if the mistake belongs to the accounting department of the enterprise, it can be brought to the administrative side of the enterprise or the management, if necessary, it can be referred to the labor administration of the local people's government for investigation; if the mistake belongs to the labor insurance committee, it must be submitted to the basic committee of the trade union Or a higher-level union organization handles it.
Article 73 Workers and employees may report any questions or errors to the labor insurance fund's income and expenditures and the various aspects of labor insurance expenses paid directly by the enterprise administration or employers. They may report to the basic committee of the trade union. If the circumstances are significant, they may report to a higher level. Trade union organizations or the labor administration of the local people's government will handle it.
Article 74 Each enterprise's accounting department shall compile monthly statements of labor insurance costs directly paid by the administrative side or management of the enterprise, send them to the fund review committee for review, and report to the grass-roots trade union committee for review and transfer to provincial and municipal union organizations and industrial unions. National committees and labor administrations of local people's governments. The monthly statement of direct payment of labor insurance expenses shall include the following items:
1. Wages during medical treatment due to work-related injuries;
2. Wages during medical treatment for diseases and non-work-related injuries;
3. Wages during maternity leave;
4. Funeral expenses for death due to work;
5. Medical expenses and medical expenses;
6. Nursing home funding;
7. Funds for amateur nursing homes;
Eight, nutrition canteen funding;
IX. Funds for nurseries and nursing rooms;
X. Other expenses.
Article 75 The labor administrative organs of the people's governments at all levels shall supervise the labor insurance business of the enterprises in the areas under their jurisdiction or the management of the employers and labor unions at all levels in accordance with Article 30 of the Labor Insurance Regulations. Check and check the status of the implementation of labor insurance at any time by the enterprises, and review the various books, statements and other relevant documents related to labor insurance. If any violation of labor insurance regulations is found, it should be corrected or reported to a higher level labor administration If necessary, it may be transferred to the judicial organ for handling according to law.

Vacation Wage Chapter 18 Supplementary Provisions

Article 76 An enterprise that complies with the provisions of Article 2 of the Labor Insurance Regulations shall jointly apply to the labor administrative organs of the local provincial and municipal people's governments for labor insurance by the grassroots committees of the trade unions and the administrative side or the employers. The primary committee of the trade union shall report to the All-China Federation of Trade Unions in a written report to the higher-level trade union organization for the record. However, the National Committees of the Railways, Posts, Telecommunications, and Weapons and Industry Unions, in conjunction with their respective administrations, may apply to the Ministry of Labor of the Central People s Government for the implementation of labor insurance. , No longer apply for registration with the local labor administration.
Article 77 The labor administrative organs of the people's governments of provinces and municipalities shall report the enterprises in each region that have been approved to implement labor insurance to the higher-level labor administrative organs and report them to the Ministry of Labor of the Central People's Government for record.
Article 78 The Provincial and Municipal Trade Unions cities referred to in the Labor Insurance Regulations refer to the municipalities directly under the Central People s Government, the municipalities directly under the Administrative Committee of the Greater Administrative Region, and the municipalities directly under the provincial People s Government.
Article 79 These rules shall be promulgated and implemented by the Ministry of Labor of the Central People s Government. If there are any outstanding matters, they may be supplemented and amended by the Ministry of Labor of the Central People s Government at any time.

2011 Holiday pay schedule for 2011

State Council General Office about 2011
Notice of some holiday arrangements
State-owned invention power [2010] No. 40
People's governments of provinces, autonomous regions, and municipalities directly under the Central Government, ministries and commissions of the State Council, and agencies directly under the State Council:
According to the State Council's Decision on Amending the "Measures for National Holidays and Remembrance Days", in order to facilitate the early and reasonable arrangement of related work such as holidays, tourism, transportation, production and operation, etc., the State Council has approved the New Year's Day in 2011 Notice of the specific arrangements for the dates of the holiday, Spring Festival, Qingming Festival, Labor Day, Dragon Boat Festival, Mid-Autumn Festival and National Day holiday.
I. New Year's Day: January 1 to 3 will be closed on public holidays for a total of 3 days.
Second, the Spring Festival: February 2 (Lunar New Year's Eve) to 8 holiday holiday, a total of 7 days. Go to work on January 30 (Sunday) and February 12 (Saturday).
3. Qingming Festival: April 3 to 5 will be closed for 3 days. Go to work on April 2 (Saturday).
Fourth, Labor Day: April 30 to May 2 closed on public holidays, a total of 3 days.
V. Dragon Boat Festival: June 4-6 will be closed for 3 days.
6. Mid-Autumn Festival: Closed for public holidays from September 10 to 12, for a total of 3 days.
7. National Day: October 1st to 7th will be closed for 7 days. Go to work on October 8 (Saturday) and October 9 (Sunday).
During the holidays, all regions and departments must properly arrange on duty and safety and security work. In the event of major emergencies, they must report in a timely manner and properly handle them in accordance with regulations to ensure that the people can spend the holiday in peace and peace.
Office of the State Council
December 9, 2010

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