Is it illegal for the company to require 16 hours of work to be counted as overtime?

If it is a physical work that requires 16 hours of working time, it does hurt the body, the company in order to work overtime to complete the task in advance, working 16 hours and resting the next day can not be illegal, in addition to physical work, other work does not matter, for the development of the company and the completion of the task, it does not matter if you work a few more hours, I can also increase the rest time, so the company requires 16 hours of working time as an overtime is not illegal.

Working 16 hours is considered overtime, which is not illegal, this is an arithmetic problem in the first grade of elementary school. However, overtime should be paid several times the overtime salary, whether this is suspected of being illegal depends on the actual situation, and it is also illegal to ask for 16 hours of work every day.

This is the national labor law and cannot exceed 16 hours of work. It's against the law.

As long as it is not written in the labor contract, it is legal, and if it is written, it is okay if you don't sue, and if you sue, the arbitration will tell you not to bother, and negotiate a financial compensation and leave. How do you say?

Suspected of violating the law. In addition to normal working hours, 1 hour is overtime.

The legal working hours are eight hours a day and one hour a month. Excess time is counted as overtime. And you shouldn't work more than four hours of overtime per day.

It's useless to say anything here, if you go to the labor bureau to complain, it will tell you that you can not work overtime if you don't want to.

Does that mean you have to work an extra 16 hours a day to work overtime?

Overtime shall not exceed 36 hours per month. Therefore, if the cumulative overtime hours exceed 36 hours per month, it is a violation of the Labor Contract Law.

According to the provisions of the Labor Contract 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 forty-four hours.

Article 41: Due to the needs of production and operation, the employer may, after consultation with the labor union and the workers, extend the working hours, 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.

1. How to stipulate overtime wages in the labor contract?

Article 44 of the Labor Law stipulates that under any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours according to the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wages 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.

Therefore, if the overtime wage agreed in the employment contract is higher than the minimum overtime wage payment standard stipulated in Article 44 of the Labor Law, the agreement is valid. If the agreement is lower than the minimum overtime wage payment standard stipulated in this Law, the agreement shall be invalid. If the agreement is invalid, the employer shall pay the employee overtime wages at a rate not lower than the minimum overtime wage payment standard stipulated in this Law.

In fact, the Labor Contract Law clearly restricts the time for an employer to arrange overtime work for an employee, and the maximum number of hours for an employee to work overtime within a month cannot exceed 36 hours. If the employer arranges overtime for employees, it also needs to pay the corresponding overtime wages in accordance with the regulations, and if overtime is arranged on weekends, it can also be arranged to take a leave later.

Summary. Hello dear, happy to answer your <>

According to the provisions of the Labor Law, the daily working hours shall not exceed eight hours, but if the working hours need to be extended due to production characteristics, the daily extension shall not exceed one hour; Where it is necessary to extend 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 workers, and the cumulative working hours shall not exceed one month. If you work more than twelve hours of overtime, it is an offence.

Is it illegal to work more than 12 hours of overtime?

Dear, hello Yinchanglu, I am happy to answer your <>

According to the provisions of the Labor Law, the daily working hours shall not exceed eight hours, but if the working hours need to be extended due to production characteristics, the daily extension shall not exceed one hour; 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 workers, and the cumulative working hours shall not exceed one month. If you work more than twelve hours of overtime, it is an offence.

Dear, overtime refers to working outside of normal working hours. Excessive overtime hours can adversely affect the health of workers. Therefore, the "Labor Rotten Carrying Law" has clear provisions on overtime hours, overtime pay, etc.

If the employer forces the employee to work overtime continuously or overtime beyond the statutory limit, the employer shall bear the corresponding legal liability in accordance with the law. Workers can file complaints and reports with the labor inspection department to protect their legitimate rights and interests.

Kiss Hope you can solve it smoothly

Hello, I found a job on our side, and they said that they needed to move goods, and they were a little busy, but I worked fifteen hours on the first day, and I worked eighteen hours on the second day.

The employer requires the employee to work no more than 8 hours in a row, and the employee must arrange a rest time, otherwise it is an illegal act.

Fifteen hours and eighteen hours are all about working the rest of the day, except for meal breaks.

Every day it starts at 8 a.m.

The fifteen-hour and eighteen-hour work systems are against the law.

If the company needs to work extra hours, it must be agreed by the union or the worker himself, and overtime pay is paid higher than the normal wage. Otherwise, businesses will face fines and penalties.

I only worked with him for three days, and I quit because I couldn't do it anymore.

In that case, what am I?

Can I get paid?

Dear, you can get paid.

If the other party does not pay the corresponding salary, you can arbitrate.

Working 12 hours violates the Labor Law, according to the relevant laws and regulations, the working hours of the worker shall not exceed 8 hours per day, and if it is necessary to extend it for special reasons, the daily extension shall not exceed 3 hours, that is, the maximum working hours per day shall be 11 hours.

1. Does working 12 hours violate labor laws?

It is illegal to work more than 12 hours. The State implements an eight-hour working system, that is, workers may not work more than eight hours per day and 44 hours per week. Please be reminded that due to the needs of production, work, etc., the employer must negotiate with the employee to extend the working hours, i.e., overtime, with the consent of the labor union.

However, overtime is not an unlimited extension of working hours, and the employer should appropriately extend the working hours by one to three hours according to the physical condition of the employee.

Article 36 of the Labor Law of the People's Republic of China 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 forty-four hours.

Article 41 Employers may, after consultation with trade unions and workers, extend their working hours, which shall generally not exceed one hour per day, due to the need for the elimination of production and economic benches; 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.

2. Compensation for dismissal in violation of the labor law

Double severance compensation for illegal dismissal under the labor law. Severance is generally calculated according to the length of time the employee has worked for the employer, and the standard is one month's salary for each year of work. Compensation for less than one year and half a year will be paid for one month; If it is less than six months, half a month's salary shall be compensated.

3. Is it legal to agree on liquidated damages for the work contract?

It is legal to agree that liquidated damages for the work contract are legal. When the employee and the employer sign the labor contract, they can agree on liquidated damages. Whether the liquidated damages clause in the employment contract is valid or not depends on the actual situation.

If it is in accordance with the circumstances stipulated in the Labor Contract Law, as long as both the employee and the employer agree and there is no violation of the prohibitions of laws and regulations, the law will protect the agreement and determine that the agreement is valid, otherwise it is invalid.