Which state department determines holidays?

The establishment and management of holidays rests with the State Council, which stipulates them through the "National Holidays and Anniversary Holidays Measures". Legal holidays not only reflect the country's political, economic, and cultural policies, but also directly affect people's lives and economic activities. These holidays include public holidays when all citizens have a holiday, such as New Year, Spring Festival, Labor Day, National Day, etc., as well as holidays when some citizens have a holiday, such as Women's Day, Youth Day, etc. In addition, festivals in minority areas are determined by local people's governments based on ethnic customs.

The State Council’s holiday measures also stipulate wage payment. For example, even if workers do not work on statutory holidays, they should receive corresponding wages. For example, the Ministry of Labor and Social Security's "Notice on the Conversion of Employees' Average Monthly Working Hours and Wages for the Year" clarifies the number of monthly pay days, which affects the calculation method of overtime pay. However, the increase in statutory holidays will not directly affect overtime work. The amount of overtime pay is because the calculation of overtime pay is only related to weekends and has nothing to do with the number of statutory holidays.

Therefore, holiday adjustments mainly affect individuals’ rest day arrangements and overtime benefits, rather than directly causing an increase or decrease in total wages. Specific calculation rules and policies, such as adjustments to the number of pay days, are subject to relevant regulations issued by the State Council.