Whether the statutory holiday pay is 1 2 or 1 3

Mondo Social Updated on 2024-03-02

In the question of whether the salary for statutory holidays is 1+2 or 1+3, we need to first clarify what statutory holidays are. Statutory holidays refer to the festivals that are closed and rested on certain specific days according to national regulations, such as the Spring Festival, Qingming Festival, Labor Day, Dragon Boat Festival, Mid-Autumn Festival and National Day. These festivals are common days of rest for all people, and they are also established by the state to guarantee the right of citizens to rest.

Next, we need to understand how pay is calculated on statutory holidays. According to the provisions of the Labor Law, the wages for statutory holidays shall be calculated in the following ways: first, the wages shall be paid according to 300% of the daily or hourly wage standard of the employee; Second, if the worker provides normal work during normal working hours, his salary and remuneration shall not be lower than the local minimum wage standard. This means that workers who work on statutory holidays can earn higher wages than if they were working normally.

So, the question is: is the statutory holiday pay 1+2 or 1+3? According to the provisions of the Labor Law, the employer shall pay the employee 300% of the employee's daily or hourly wage, i.e., the "1+3" calculation method. This means that if the employee's daily wage is 100 yuan, the employer should pay 300 yuan for one day of work on a statutory holiday.

However, in practice, some employers may adopt the "1+2" calculation method, that is, pay wages at 200% of the employee's daily or hourly wage. This method obviously does not comply with the law and harms the legitimate rights and interests of workers. Therefore, workers should understand their rights and interests and legal provisions, and protect their legitimate rights and interests in a timely manner.

To sum up, the statutory holiday wage should be calculated according to the "1+3" calculation method, that is, the wage shall be paid according to 300% of the employee's daily or hourly wage standard. At the same time, employers should also comply with the laws and regulations, protect the legitimate rights and interests of employees, and avoid using illegal calculation methods. As workers, we also need to understand our rights and interests and legal provisions, and protect our legitimate rights and interests in a timely manner.

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