[Practical Questions and Answers]
Q: Hello, Lawyer Hua, I would like to ask: On September 26, 2021, due to the National Day holiday, make-up work is required, and the employee resigned on September 30. If the employee does not show up for work on September 26, should the employee's salary for September not be deducted?
A: First, working on the holiday on September 26, 2021 is a holiday arrangement in response to the "Notice on Arrangements for Certain Holidays in 2021" issued by the General Office of the State Council [2020] No. 27, and corresponds to the working days from October 4 to October 7, 2021.
Second, the employee resigned on September 30, 2021, but he did not enjoy the paid leave from October 4 to October 7, 2021.
Third, in summary, it is more reasonable that the employee did not attend work on September 26, 2021, and his salary for that month should not be withheld.
[Management Tips]
Many employers do not issue holiday notices in full accordance with national holidays, and only arrange vacations on the three statutory days during the National Day period. Therefore, for such units, there is no need to work on September 26 (Sunday) and October 9 (Saturday). If you work, you should pay overtime pay for the corresponding rest days.
Statement: The content of this article is for reference only and does not serve as legal advice for specific cases.
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