According to the Notice of the General Office of the State Council on Some Holiday Arrangements in 20 18 (Guo Ban Power Generation [20 17] 12), the National Day of 20 18: 10, 1 7. Go to work on September 29th (Saturday) and 30th (Sunday). Then the problem is coming. Not all units have holidays according to regulations. Some friends may be unlucky and even have to work overtime for seven days. Today, Shanghai labor law lawyers will make a brief analysis for everyone, hoping to help the overtime workers on National Day understand their rights more clearly. Under normal circumstances, workers can refuse to work overtime on legal holidays. Laborers have the right to rest and vacation. During the statutory holidays, if the employer requests overtime, it shall obtain the consent of the employee, and shall not terminate the labor contract on the grounds of disobedience to overtime. Article 40 of the Labor Law stipulates that 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; (five) other holidays as prescribed by laws and regulations. Article 41 stipulates that: due to the needs of production and operation, the employer may extend the working hours after consultation with the trade unions and laborers, generally not exceeding one hour per day; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours a day and thirty-six hours a month under the condition of ensuring the health of the workers. Comments: 1. According to Article 40 of the Labor Law, the company shall arrange employees to take holidays on legal holidays. Note: It is legal and should be. 2. According to Article 41 of the Labor Law, due to the needs of production and operation, the company can extend the working hours after consultation with the trade unions and employees, and has made requirements for the time. Note: it's a negotiation, that's right. Special circumstances, but the law stipulates that in the following four cases, overtime can be done without consulting the workers in advance. According to Article 7 of the Measures of the Ministry of Labor for Implementing the Provisions on Working Hours of Employees in the State Council (No.1995 of the Ministry of Labor), there are four special situations and urgent tasks, and the extension of working hours is not restricted: (1) Natural disasters, accidents or other reasons have caused serious threats to people's safety and health and state property and need urgent treatment. (two) production equipment, transportation lines, public facilities failure, affecting production and public interests, must be repaired in time; (three) the need to use legal holidays or public holidays for equipment maintenance and repair; (4) In order to complete the urgent task of national defense or other urgent production tasks arranged by the superior outside the national plan, commercial and supply and marketing enterprises complete the urgent task of purchasing, transporting and processing agricultural and sideline products in the peak season. To sum up, if the employer violates relevant laws, the employee has the right to refuse to work overtime. Workers refused to work overtime. If the employer dismisses the employee on this ground, the employee can seek legal aid and safeguard his legitimate rights and interests.