Is it illegal for colleges and universities in Tomb-Sweeping Day not to have holidays?

It is not illegal for schools not to have holidays on national holidays, but it is illegal. Students are not laborers and are not subject to the adjustment of People's Republic of China (PRC) Labor Contract Law. Teachers can calculate overtime pay, and if the school doesn't pay it, they can complain to the labor bureau.

The relevant provisions of China's Labor Law: "During the following festivals, the employer shall arrange employees' holidays according to law:

(1) New Year's Day;

(2) Spring Festival;

(3) International Labor Day;

(4) National Day;

Tomb-Sweeping Day in 2022 is April 5, 2022, on the fifth day of the third lunar month. According to the regulations of the State Council, we have a holiday from Sunday, April 3rd to Tuesday, April 5th, and go to work on Saturday, April 2nd. The legal holiday in Tomb-Sweeping Day is 1 day, and you will have three days off.

Tomb-Sweeping Day is one of the 24 solar terms. Every year, Tomb-Sweeping Day falls on April 4th or 5th. These two days depend on whether it is a leap year or a normal year. February is 29 days in leap year, April 5 in Tomb-Sweeping Day, 28 days in normal year and April 4 in Tomb-Sweeping Day.

Tomb-Sweeping Day usually has a three-day holiday, but only Tomb-Sweeping Day is a legal holiday, and the other two days are weekends.

If the employer arranges workers to work overtime on the same day in Tomb-Sweeping Day, because Tomb-Sweeping Day is a legal holiday, in addition to paying the wages on that day normally, it should also pay three times the overtime pay. According to the relevant provisions of the Labor Law, if Tomb-Sweeping Day works overtime for three days, no compensatory time off will be arranged for the other two days. Tomb-Sweeping Day calculated the overtime pay by 3 times on that day, and paid the overtime pay by 2 times on the other two days. The same is true for other holidays such as New Year's Day and Spring Festival. Overtime pay for legal holidays is 3 times, and the rest is 2 times.

Legal basis: Article 2 National holidays and anniversaries:

(a) the New Year, holiday 1 day (10/day);

(two) the Spring Festival, a holiday of 3 days (the first day of the first month, the second day, the third day);

(3) Tomb-Sweeping Day, holiday 1 day (the day of the Qingming Festival);

(4) Labor Day, holiday 1 day (May 1 day);

(5) Dragon Boat Festival, holiday 1 day (the day of Dragon Boat Festival in the lunar calendar);

(6) Mid-Autumn Festival, holiday 1 day (the day of the Mid-Autumn Festival in the lunar calendar);

(7) National Day, 3 days off (65438+ 10/0/2, 3).