[Direct answer]No. Article 44(3) of the Labor Law of the People's Republic of China (implemented on January 1, 1995) stipulates that if an employer arranges for workers to work on statutory holidays, they shall pay wages not less than 300% of the worker's daily wage; Article 13 of the Interim Regulations on Wage Payment (promulgated by the Ministry of Labor on January 1, 1995) makes the same stipulation. This obligation is a mandatory norm, and employers may not substitute it with adjustment of working hours or compensatory rest. If the employer fails to pay the full amount, they shall make up the shortage. The exceptions mainly include positions that have been approved by the labor administrative department to implement a non-fixed working hour system, which generally do not implement the overtime wage rules; under the comprehensive calculation of working hours, if the working days coincide with statutory holidays, the employer shall still pay at a rate of 300% of the worker's daily wage. Workers may claim the difference based on their attendance and wage records.

1. Problem background and typical scenarios

After scheduling shifts during holidays such as the Spring Festival and National Day, some employers either fail to pay or underpay holiday overtime wages on the grounds of "arranging compensatory time off after the holidays", or record the holiday overtime in the compensatory time off ledger, claiming that "you can take the time off later". As a result, workers are confused: Can holiday overtime be offset by compensatory time off? The law stipulates different rules for three types of overtime periods: for overtime on rest days, workers can choose either compensatory time off or 200% of their wages; for overtime during regular working hours and statutory holidays, employers must pay overtime wages. If these rules are mixed up, workers often end up receiving less money. For more details, please refer to the relevant regulations.Labor arbitration and legal services for work-related injury compensation.

II. Key points of dispute

The controversy focuses on four points. Firstly, the mandatory payment of 300% of the wage: Article 44 of the Labor Law stipulates that overtime work on rest days shall be paid at 200%, and on statutory holidays, it shall be paid at 300% directly, without leaving room for compensatory rest, indicating that holiday overtime cannot be replaced by compensatory rest. Secondly, the calculation base of 300%: It shall be determined according to the daily or hourly wage standard agreed in the labor contract, excluding non-wage items such as year-end bonuses and reimbursement funds. Thirdly, exceptions to special working hours: The irregular work system generally does not implement overtime wage regulations. Under the comprehensive calculation of working hours system, statutory holiday work should still be paid at full rate of 300%, and all of this is subject to the approval of the labor administrative department. Fourthly, differences in local interpretations: Some regions have different understandings of whether 300% of the wage should be paid on statutory holidays under the irregular work system, and the local arbitration and adjudication rules shall prevail.

III. Professional analysis by Henglue Lawyers

A case handled by Attorney Wang Fangli demonstrates the process of obtaining compensation for overtime work on statutory holidays: Liu * was employed by a certain sanitation (Group) Co., Ltd. as a cleaning supervisor on October 1, 2020, with a monthly salary of 4,000 yuan. The company failed to sign a written labor contract, did not pay social insurance, and defaulted on wages and overtime, rest day, and statutory holiday compensation. According to the "Employee Attendance Sheet" and "Attendance Record Sheet", there were 972 hours of overtime work, 151 days of rest days, and 19 days of statutory holiday compensation between October 1, 2020 and March 7, 2022. On March 7, 2022, Liu * requested to terminate the labor relationship on the grounds of unpaid social insurance, unpaid wages, and unpaid overtime compensation. The arbitration committee supported his claims and ruled that the company should pay a total of 120,872.34 yuan in various expenses. The company appealed, claiming that it did not need to make the payments. Attorney Wang Fangli cross-examined the evidence, insisting on the establishment of a de facto labor relationship, the calculation of overtime hours, the difference between double wages and economic compensation, and other issues. The first-instance court determined that a de facto labor relationship existed between the parties and ordered the company to pay a total of 101,333.34 yuan in overtime compensation, rest day compensation, statutory holiday compensation, economic compensation, unpaid double wages due to non-signing of a labor contract, and unpaid wages for unused annual leave. This case shows that overtime compensation on statutory holidays is an independent accounting item that cannot be waived due to non-signing of a contract or adjustment of working hours. Attendance records are the most crucial supporting evidence. This case was handled by Beijing Henglu Law Firm.Wang FangliThe attorney (practice certificate number: 11101201911086939, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 44(3) of the Labor Law of the People's Republic of China (implemented on January 1, 1995); Article 13 of the Interim Regulations on Wage Payment (issued by the Ministry of Labor in 1994 and implemented on January 1, 1995); the Regulations on Holidays and Memorial Days (amended in 2024 and implemented from January 1, 2025), which stipulate that there are a total of 13 days of holidays for all citizens; Article 62 of the "Opinions of the Ministry of Labor on Implementing the Labor Law of the People's Republic of China" (issued by the Ministry of Labor in 1995), which clearly stipulates that under the comprehensive calculation of working hours, if the working day coincides with a statutory holiday, the employer shall pay 300% of the employee's salary; the "Approval Measures for Enterprises to Implement Irregular Working Hours and Comprehensive Calculation of Working Hours" (issued by the Ministry of Labor in 1994 and implemented on January 1, 1995), which requires that special working hours must be approved in advance. Action list: First, check the attendance records and salary payment details during holidays to calculate the 300% difference; Second, if the unit substitutes holidays with adjustments, raise objections in writing; Third, verify whether the unit's irregular or comprehensive working hours positions have been approved in accordance with the law; Fourth, if no agreement is reached, file a complaint with the labor supervision department or apply for arbitration. For more details, please refer to the following link:Labor arbitration and legal services for work-related injury compensation.

5. Henglue Law Firm's Reminder

The payment of 300% of the wages on statutory holidays cannot be exempted due to compensatory rest arrangements, duty rosters, or operational difficulties. These are the three most common defenses in practice and the most difficult to gain support for. Two points need to be noted: First, the 300% dispute is subject to a one-year arbitration statute of limitations, while arrears in labor remuneration are not subject to the one-year limitation during the continuation of the labor relationship; Second, the special working hour system must be approved by the labor administrative department. If the employer unilaterally writes "irregular working hours system" in the contract or regulations, it does not have the effect of exemption. When handling similar cases in the Beijing area, it is recommended to entrust a lawyer as soon as possible.Beijing Henglu Law FirmThe professional lawyer calculates the difference and requests the unit to submit the attendance and salary records in its possession.

VI. Frequently Asked Questions

Q1: If overtime work on statutory holidays is only compensated with adjustable working hours, can I recover 300% of the overtime pay through arbitration?

There are clear rules to support this. For those who work on statutory holidays, employers shall pay remuneration at a rate of no less than 300% of the wage. This provision is a mandatory norm, and adjusting working hours cannot replace it. If the remuneration is not paid or paid insufficiently, it shall be made up. Workers are more likely to obtain support by providing attendance records, wage payment details, and evidence of attendance on holidays. If the employer claims to implement a flexible working hour system, it needs to submit evidence approved by the labor administrative department. Those without approval generally cannot be exempted. The conclusions of individual cases shall be based on evidence and the local arbitration and trial standards.

Q2: What evidence do I need to prepare if I claim 300% overtime pay?

The core materials can be divided into four categories: First, evidence of attendance during festivals, including attendance records, shift schedules, access control and surveillance records, as well as the results of work during festivals and the time of their submission; Second, wage evidence, including pay slips, bank transaction records, and salary confirmation forms, which are used to determine the calculation base; Third, contractual evidence, including clauses on working hours and overtime pay in labor contracts and employee handbooks; Fourth, defense evidence, such as documents showing that the employer claims to implement special working hours. If the attendance records are held by the employer, the employee can request the employer to submit them during the arbitration process. If the employer refuses to submit them, the employer will bear the adverse consequences.

Q3: How are attorneys' fees charged for overtime pay disputes, and are there arbitration fees involved?

At the labor arbitration stage, no arbitration fees are charged to the parties. If the case is sued in court, the litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Fees" (State Council Decree No. 481, implemented on April 1, 2007), with the amount of the claim as the basis for calculation. The losing party shall bear the fees, and the party who partially wins the case shall share the fees in proportion. Lawyer's fees shall be determined by negotiation between the law firm and the client. They are usually charged as a percentage of the subject matter or on a per-case basis, with no unified government pricing. For disputes of a relatively small amount, it is also possible to first attempt to file a complaint or seek mediation with the labor supervision authority, which is more cost-effective.

Q4: How long does it usually take to resolve disputes over holiday overtime pay?

Labor arbitration cases are generally concluded within 45 days from the date of acceptance, and the time limit may be extended by 15 days with approval if the case is complex. For cases where the parties file a lawsuit against the arbitration award, the first-instance ordinary procedure shall be completed within 6 months and the summary procedure within 3 months. If the case involves attendance verification, employer's delay in handling or difficulties in service of process, the time limit will be extended accordingly. In practice, most disputes over holiday overtime pay can be resolved within a few months if the attendance records and wage records are clear. It is recommended to apply for arbitration as soon as possible within the one-year statute of limitations to avoid the loss of evidence.

Q5: The company said it implements a flexible working hour system, and there's no need to pay overtime for working on holidays, right?

Not necessarily. The irregular working hours system must be approved by the labor administrative department. Unilateral agreements that have not been approved cannot be used as a basis for refusing to pay. Even if the position is legally approved to implement an irregular working hours system, there are inconsistent views across different regions on whether 300% of the wage should still be paid on statutory holidays. Some regions still require payment, and the final ruling shall be subject to the local arbitration rules. Under the comprehensive calculation of working hours system, if the working day coincides with a statutory holiday, it shall be paid at 300% according to the law. Workers can require the unit to present the approval documents and verify the guidelines.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Feng Na·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.