Why is there evidence of overtime, the company does not give overtime pay, and it is very strong.

1. Can the employer refuse to arrange overtime?

Article 31 of the Labor Contract Law stipulates that "an employer shall strictly enforce the labor quota standard and shall not force or covertly compel an employee to work overtime." If an employer arranges overtime, it shall pay overtime pay to the employee in accordance with the relevant provisions of the state. ”

According to the above provisions, the employer must meet the following conditions when arranging overtime work for employees:

1. First of all, the employer must reach an agreement with the employee and ICBC, and obtain the consent of the employee and ICBC;

2. It must be due to the needs of the unit's production and operation;

3. Arrange overtime, generally not more than 1 hour a day, no more than 3 hours in special circumstances, but not more than 36 hours a month.

If the employer violates laws and regulations and forces the employee to work overtime, the employee has the right to refuse.

2. What should I do if the unit does not pay overtime pay?

The Labor Contract Law clearly stipulates that if an employer fails to pay labor remuneration (including overtime pay) in full and in a timely manner, the employee may terminate the labor contract without prior notice, and the employer shall also pay economic compensation to the employee. The standard of economic compensation shall be one month's salary for every full year of service for the employee.

In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of between 50% and 100% of the amount payable

1. Failure to pay the labor remuneration of the employee in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2. The wages of workers are paid lower than the local minimum wage standard;

3. Arrange overtime without paying overtime pay;

4. Dissolving or terminating the labor contract without paying economic compensation to the employee in accordance with the provisions of the Labor Contract Law.

Because the company feels.

Most people don't go to labor arbitration.

Labor arbitration is a waste of time.

So there is no fear.

And when you say that you are going to go to labor arbitration, they will threaten you, saying that if you arbitrate, they will publish the news of your arbitration in the industry, so that other companies will not accept you

In fact, there is no such thing as a threat, there is no such thing.

But if you can't stand it, some people will listen to the threat and then stop it.

If you have evidence and don't want to work in this company anymore, go to labor arbitration.

Labor arbitration goes through legal procedures.

Different perspectives have different perspectives on problems.

From the standpoint of employees, whether it is the so-called overtime work without overtime pay, or the deduction of wages for lateness, it is not reasonable, and even some feelings of deprivation of employees' rights. If you stand in the company's position, this is easy to understand. After all, if someone gives you a salary, you must be required to put in the most labor, otherwise, the company will lose money.

Compared with overtime without overtime pay, what is more pitiful should be the so-called project responsibility system, that is, before a project is completed, employees are obliged to work overtime unconditionally until the end of the project.

Extended information: The phenomenon of overtime without overtime pay does exist, but it is actually targeted, and it is generally aimed at people who receive monthly salaries. For employees in other positions, there is a corresponding salary for overtime.

In other words, in the understanding of the boss, you have been contracted by the company this month, and you should work overtime unconditionally or even without complaints.

Not only that, but in some companies, it is even explicitly stated that the company will need to work overtime, but will not pay overtime, and will ask you to sign a voluntary overtime agreement. In other words, you can only enter the company after you sign this agreement, and you can't talk about overtime in the future.

It is unacceptable that the company often works overtime but never pays overtime, which violates the provisions of Article 44 of the Labor Law and infringes on the legitimate rights and interests of employees.

Labor disputes may be resolved by applying for labor arbitration.

It is certainly unreasonable, because overtime is extra labor and needs to be paid for labor.

It is certainly unreasonable not to pay overtime for overtime, overtime needs to be paid for overtime, and it is unreasonable not to pay overtime.

It should be more reasonable, and it is not easy to find a job.

Evidence of overtime work includes: payroll card transaction records, salary slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for you, attendance records, social insurance payment records, work orders, testimony of colleagues (resigned and on-the-job are acceptable), audio and video recordings. Forensics can be collected in the above areas.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III) Article 9 Where an employee claims overtime pay, he or she shall bear the burden of proof for the existence of overtime work. However, if the employee has evidence to prove that the employer has evidence of the fact of overtime work and the employer fails to provide it, the employer shall bear the adverse consequences. If the evidence provided by the parties in Article 3 of the Labor Dispute Mediation and Arbitration Law is found to be true, the arbitral tribunal shall use it as the basis for determining the facts.

If the employee is unable to provide evidence related to the arbitration claim that is in the possession and management of the employer, the arbitral tribunal may require the employer to provide such evidence within a specified time limit. If the employer fails to provide such information within the specified time limit, it shall bear the adverse consequences.

Of course, it is unreasonable not to pay overtime for overtime, which will cause employees to be disgusted with the company and will not benefit the company.

Irrationality! Overtime pay must be paid for overtime, otherwise arrange compensatory leave!

Legal analysis: Evidence of overtime work includes: salary card transaction records, salary slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit of the employer for the management of the excavation group, attendance records, social insurance payment records, work orders, colleague testimony (those who leave the company are acceptable), audio and video recordings.

Evidence can be collected in the above aspects.

Legal basis: Article 31 of the Labor Contract Law of the People's Republic of China Employers shall strictly implement the labor quota standards and shall not force or covertly compel workers to work overtime. If the employer arranges overtime, it shall pay overtime pay to the laborer or the employee in accordance with the relevant provisions of the state.

In fact, it is a very normal behavior to get off work at the end of the day, and there is no need to work overtime. But now that overtime has been normalized in many units, this is not right, but the general environment is so personal and there is no way.

The company clearly stipulates that you will leave work at 7 o'clock, will you leave work as soon as the time comes?

If the leader completes the work given to me, I will leave work on time. If it's not done, you won't leave work on time. Leaving work on time will give a very smart feeling of not wanting to suffer a little loss, which will make the boss think that you are just a simple employment relationship.

In fact, leaving work on time will make the leader or boss have an opinion, but many people say: if you are a few minutes late for work, you will be deducted, but you will not be paid overtime for a few hours of overtime. Almost all migrant workers will encounter this problem, but the company will not explain it to you.

If you want to do this, you have to follow this unequal rule. If you don't want to do this, you have to change it early, but you will most likely change from one pit to another.

Since the time is set by the company, it is customary to observe the time. What's the point of doing so if you can't leave work on time? The truth is that the workplace is never a reasonable place, but a place where others feel like they are taking advantage of themselves.

This is also the reason why many people voluntarily stay with the leader and tease overtime. In fact, during overtime, everyone is fishing, and few people will work hard.

To put it bluntly, the reason many company employees leave after work is that they are not paid well. We can see Huawei, Ali and many other internet factories. These companies rarely complain about their work.

Those who actually leave work on time are not afraid of being fired because after being fired, they can quickly find another job and the company will pay compensation.

When we talk about whether we should leave work on time or not, it depends on our personal mindset. If we just go to work to kill the boredom and have other income**, you can leave on time because your living conditions are already quite superior, which is incomparable to ordinary professionals. You can leave work on time without violating the company's rules and regulations, which is also supported by law.

However, if we are the only hope of the family, who wants us to stand out and live a better life, we should know that we are not working overtime for overtime pay, because overtime pay does not make us rich, but promotions and raises can change our destiny.

With the development of communication technology, overtime has become a commonplace for many people, and the use of instant messaging software can communicate and collaborate with work-related personnel anytime and anywhere, making it difficult for employees to get rid of work pressure, forming an "overtime culture" that needs to maintain work status anytime and anywhere.

With the development of communication technology, more and more companies are adopting instant messaging software to enhance communication and collaboration, and improve work efficiency, but the use of these tools also brings some problems and controversies.

We must all have a serious and responsible attitude towards our work. Work is not only the best way to get your salary, but also the basis for your career development. Therefore, I must be conscientious in my work.

Only in this way can you continue to develop and achieve success in your career. From this point of view, we must be conscientious and responsible for our work at all times, and even if we encounter problems at work after work, we must deal with them in a timely manner to ensure the completion of work tasks. Work is not only the best way to get your salary, but also the basis for your career development.

Therefore, I must be conscientious in my work. Only in this way can you continue to develop and achieve success in your career. What should we do when we are forced to work overtime at work?

Clause. 1. Whether overtime is long-term or short-term.

Each of us will encounter overtime, you need to understand how long this state of work will last, if it is only for the short term to follow up on the project, this is normal, you just need to adjust your mentality and physical condition, and complete the project as soon as possible. If you work overtime for a long time, then you need to understand the company's overtime tradition, whether it works overtime often, and if so, then you need to think about whether the company is worth staying and whether it is in line with your career plan.

Clause. Second, how is the development of the company?

The most important measure we use when choosing a company is the "upside". If the company's development prospects are very good, you can have a lot of room for promotion, then your short-term overtime may get a good return, in this case, then you have to adjust your mentality, cherish this opportunity, and work hard, I believe that the leader will not treat a hard worker. If your company's development prospects are not good, overtime is due to insufficient personnel, and the work is not orderly, then you need to consider whether to leave.

Clause. 3. Whether it affects health.

Many people, not to mention that the monthly salary is more than 10,000 yuan, and there are more than 0 in the future, it is not recommended to stay up late for a long time.

Not to mention us ordinary people, even celebrities are no exception, but in reality, for the sake of livelihood and KPI assessment, it is the norm for everyone to stay up late every day and work overtime, and their health will get worse and worse.

So, if this job is detrimental to your health, then, it is recommended that you do not continue.