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Is this Legal! January Salary to be Paid after the Holidays


In recent social media discussions on Weibo, a trending topic has emerged surrounding the timing of January salaries, particularly in relation to the Chinese New Year. The conversation was sparked when a user posted about receiving a company notice stating that January salaries would be disbursed after the Lunar New Year.

This announcement triggered a flurry of comments as netizens shared their own experiences and concerns regarding when their companies planned to release January wages. Many expressed expectations for receiving their salaries before the Chinese New Year, with some even mentioning early payments extending into February.

Despite the speculation and varied experiences shared online, reports from sources such as the Worker’s Daily and Jiupai News clarify that the timing of salary disbursement is not legally tied to the Spring Festival. As long as companies do not violate labor laws by delaying payments, the practice is considered acceptable.

According to the “Provisional Regulations on Wage Payments,” wages must be paid on the agreed-upon date between employers and employees. In the case of holidays or rest days, companies are obligated to make payments on the nearest working day. The regulations stipulate a minimum monthly wage payment, and for those on weekly or hourly wage systems, payments can be made accordingly.

The report also addresses the issue of overtime pay during the Spring Festival. Referring to the “National Holiday and Memorial Day Holiday Regulations” and the “Labor Law of the People’s Republic of China,” it clarifies that employees working during the first three days of the Lunar New Year are entitled to overtime pay of at least three times their regular daily wage. Similarly, working on other holidays without scheduled compensatory time off requires overtime pay of at least twice the regular daily wage.

The news concludes with a friendly reminder for those receiving early salaries to plan their finances accordingly, especially with the upcoming festival season where various expenses, including red envelopes, might be anticipated. Additionally, a calendar labeled “Overtime Pay Version” is recommended for individuals expecting to work during holidays, offering a guide for calculating overtime pay based on legal regulations.

In summary, the detailed news report explores the social media discussions, legal aspects of wage payments, and the intricacies of overtime pay during the Chinese New Year, providing valuable insights into the varying practices among companies and emphasizing adherence to labor laws.

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