Is it illegal for the company not to let go home for the New Year?

It is illegal for the company to prevent employees from going home during the Spring Festival. If the company wants to arrange overtime, it generally needs to negotiate with the trade unions and workers; If the laborer is unwilling to work overtime, he has the right to refuse. The company shall not force workers to work overtime. The company can't force employees not to go home for the New Year, which is illegal. If you want to resign, you can submit it in writing 30 days in advance. The company can't force employees not to go home for the New Year, which is illegal.

legal ground

People's Republic of China (PRC) labor contract law

Article 31 The employing unit shall strictly implement the labor quota standards, and shall not force laborers to work overtime or in disguised form. Where the employing unit arranges overtime work, it shall pay overtime pay to the workers in accordance with the relevant provisions of the state.

Article 32 A laborer who refuses the management personnel of the employing unit to give illegal instructions or force him to take risks shall not be regarded as violating the labor contract.

Laborers have the right to criticize, report and accuse the employer of working conditions that endanger life safety and health.

Article 80 If the rules and regulations of the employing unit directly related to the vital interests of workers violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give a warning; If it causes damage to workers, it shall be liable for compensation.