The provisions of the Labor Code on Saturdays and Sundays for work

Updated on workplace 2024-02-24
6 answers
  1. Anonymous users2024-02-06

    If it is because of the characteristics of your position, your company has no problem arranging working hours in this way, but it needs to be approved by the labor department.

    In accordance with the Labor Law of the People's Republic of China

    Article 36.

    The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed 44 hours.

    Article 38.

    The employer shall ensure that the employee has at least one day off per week.

    Article 39.

    If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may implement other work and rest measures with the approval of the labor administrative department.

    Article 41.

    Due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, and generally shall not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

    Article 44.

    Under any of the following circumstances, the employer shall pay the employee a wage higher than the employee's normal working hour wage in accordance with the following standards:

    1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid;

    2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid;

    3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

  2. Anonymous users2024-02-05

    In fact, your employer's provisions on the labor law are very clear, and in your case, the employer is quite tenable in the labor law. The Labor Law stipulates that if a worker's working hours do not exceed eight hours a day and 40 hours a week, and if it is not possible to arrange rest on holidays due to the production characteristics of the enterprise, other work and rest methods may be implemented with the approval of the labor administrative department. Your unit has done this, and it is protected by law.

    In addition, you also pay three times your salary on statutory holidays, if you think that the employer's practice is unreasonable, you can go to the labor arbitration department to complain, but I don't think you are of much use at all. I would like to say that a unit like yours is already quite good, and you know how many workers and people have been deducted from their lives by unscrupulous enterprises and cannot be sued, not to mention that your unit is still so detailed with you, which is very good.

  3. Anonymous users2024-02-04

    The key depends on whether your company's work system has been reported, and if there is, it is legal. There is such a provision in the labor law.

  4. Anonymous users2024-02-03

    The legal basis is the provisions of article 44 of the Labour Code.

  5. Anonymous users2024-02-02

    The provisions of the Saturday Work Labor Law are as follows: if the employer arranges for the employee to work overtime on Saturday and Sunday, but does not arrange compensatory leave, the employee shall be paid no less than 200% of the wage. According to the relevant laws and regulations, due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the employee, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day under the condition of ensuring the health of the worker, but shall not exceed thirty-six hours per month.

    Labor Law of the People's Republic of China

    Article 44.

    In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the employee's normal working hours according to the following standards: (1) if the employee is arranged to work longer hours, the employer shall pay the employee a wage remuneration not lower than 150% of the wage; 2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, a wage remuneration of not less than 300 percent of the wages shall be paid.

  6. Anonymous users2024-02-01

    Legal Analysis: Not Illegal. 1. For the units that implement the standard working hours system of five days a week and eight hours a day, it is not a uniform national regulation to work from Monday to Friday and rest on Saturday and Sunday.

    The specific working hours depend on the arrangement of the unit, as long as they comply with the work system of no more than five days a week and no more than eight hours a day. 2. If it is a position that implements the comprehensive working hours system, as long as the total actual working hours do not exceed the total legal standard working hours in a comprehensive working hours assessment cycle, it is legal; For the excess, it shall be considered as an extension of the working hours and remuneration shall be paid in accordance with the provisions of the Labor Law.

    Legal basis: Labor Law of the People's Republic of China

    Article 36 The State implements a system of working hours in which the daily working hours of laborers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours.

    Article 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; 2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work during the statutory spring and hunger holidays, he shall be paid a wage remuneration of not less than 300 percent of the salary.

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