Today's Statement: Statutory Holidays Can Not Be Cancelled At Will.

About May 1, 1995 Workers In the working time regulation, it is clear that the workers work 8 hours a day and work 40 hours a week. The food company makes you work for 12 hours a day, which is obviously against the national policy. According to the regulations of the State Council on 2007, the national holidays and holidays, the statutory holidays are three days (New Year's Eve, the first and the second day of the first month). According to the labor law and relevant national policies, employers should arrange holidays for workers during the following festivals: (1) 1 days of new year's day; (two) 3 days of the Spring Festival; (three) the 1 day of Qingming Festival; (4) 1 days of International Labour Day; (five) 1 days of the Dragon Boat Festival; (six) 1 days of the Mid Autumn Festival; (1) the national day.

Generally speaking, the employer shall not arrange the staff in addition to the following circumstances Statutory holiday Work: 1, natural disasters, accidents or other reasons, so that people's safety and health and national assets are seriously threatened, need urgent treatment; 2, production equipment, transportation lines, public facilities failure, affect the production and public interests, must rush repair; 3, must use statutory holidays or public holidays during the shutdown period for equipment maintenance and repair; 4, in order to complete the urgent task of national defense, or to complete the higher level in the state plan, other emergency production tasks, and business The supply and marketing enterprises complete the urgent task of purchasing, transporting and processing agricultural and sideline products in the peak season. Even under these circumstances, employees must be arranged to make up for rest during the statutory holidays. According to the provisions of the labor law, 300% of the wages paid to workers should be paid.

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Chen has experience in warehouse management. In April 1, 2010, he signed a labor contract with a limited company. The contract period was one month, and thereafter it was signed on January 1. The contents of the contract are the same. All of them agree to provide labor services for a limited company. They must comply with the code of practice for the warehouses established by a limited company in the warehouse of a certain company. The labor cost is paid monthly by 3000 yuan, and a limited company does not participate in social insurance.

In March 31st this year, after the last labor contract expired, a limited company no longer renews with Chen. Chen applied for labor arbitration and requested confirmation of labor relations with a limited company to pay financial compensation. Finally, the labor arbitration department supported Chen's proposition.

Why does Chen sign a labor contract with a limited company every month, and is still identified as a labor relationship?

The first article on the establishment of labor relations related matters (No. 12 of the Ministry of labour, Ministry of education, No. 2005] stipulates that the employer has not signed a written labor contract to employ workers, but at the same time, the labor relations shall be established:

(1) employers and workers comply with the main body qualifications stipulated by laws and regulations.

(two) the labor rules and regulations formulated by the employing units according to law shall be applicable to the labor management of the laborers and the employing units, and to engage in remunerated labor arranged by the employing units.

(three) labor provided by workers is an integral part of the business of employing units.

In this case, first of all, it is unquestionable that Chen and a limited company comply with the main body qualification stipulated by the law from the facts of the case. Secondly, since April 1, 2010, Chen has been arranged to work in a warehouse of a certain company. His working hours are continuous, the contents of his work are goods, and Chen is bound by the code of practice of a limited company. He must obey the management of a limited company. His monthly labor cost is essentially labor income. Thirdly, the custody of warehouse goods is part of the management and management of a limited company. It can be seen that although a limited company and Chen Mou signed labor contracts, they have three conditions for the establishment of labor relations.