If an employee requests compensation from the employer for overtime pay, does the employer have the

Overtime pay refers to the remuneration received by an employee for continuing to work or work beyond the prescribed working hours according to the needs of the employer's production and work. Workers who work overtime, work longer hours, and increase the amount of work they work should be paid reasonably.

According to Article 44 of the Labor Law, the specific standards for the payment of overtime pay are: if the employee is arranged to work longer hours within the standard working day, the employee shall be paid a wage remuneration of not less than 150% of the wage; If the worker is assigned to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200% of the wage; 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.

Note: This is important.

According to the provisions, if a worker is forced to work overtime in disguise, it shall be regarded as extending the working hours of the employee in violation of the provisions of the Labor Law. In accordance with the relevant provisions of the Labor Law and this Law, the worker may request the employer to pay back the wages and remuneration for overtime work in order to complete the reasonable amount of work quota.

So your actions are protected by law! Moreover, if a contract had been concluded, he would not have the right to use that excuse.

Dismissal of you! If you don't book it.

If the company does not sign a labor contract with you within January 2008 and continues to use you, then it will have to pay you double the salary from February 2008. If he doesn't sign you for the whole of 2008 and continues to use you, then he will have to sign an indefinite labor contract for you.

If you really want to stay in this company, it depends on what you do, my advice is: don't say it now, just keep the evidence that you have been working in this company, if he says that he pays you a salary every month, or has a label or something, wait until the day you tear your face to ask the company for compensation (economic compensation, double salary), this is what you deserve. If this year passes, you can take the initiative to ask for an indefinite contract, and it is illegal for him not to sign it.

Not compensating for overtime is itself unreasonable.

Violating relevant regulations.

Not paying overtime pay for overtime is illegal in itself, and workers can report it or file for labor arbitration.

If the employment contract is terminated as a result, you can also claim financial compensation.

If an employee resigns due to the employer's failure to pay overtime pay, the employer shall pay the economic compensation for the lead loss.

Legal basis] Article 38 of the Labor Contract Law provides that if the employer fails to pay the labor remuneration in full and in a timely manner, the employee may terminate the labor contract.

Paragraph 1 of Article 48 of the Labor Contract Law provides that if an employee terminates a labor contract in accordance with Article 38 of this Law, the employer shall pay economic compensation to the employee.

If the employee voluntarily resigns, the employer may not pay economic compensation, but if the employee is forced to resign in accordance with Article 38 of the Labor Contract Law, the employer shall also pay economic compensation, if the employer fails to provide labor protection or working conditions in accordance with the labor contract; Failure to pay labor remuneration in full and in a timely manner; Failure to pay social insurance premiums for laborers in accordance with the law, or the use of the rules and regulations of the Mulawang unit violates the provisions of laws and regulations and harms the rights and interests of laborers; Fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify the labor contract contrary to the true intention, resulting in the invalidity of the labor contract.

Legal basis] Paragraph 1 of Article 48 of the Labor Contract Law, if an employee terminates a labor contract in accordance with Article 38 of this Law, the employer shall pay economic compensation to the employee.

Article 38 of the Labor Contract Law provides that an employee may terminate a labor contract under any of the following circumstances: (1) failing to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer violates rules and regulations and orders risky work that endangers the personal safety of a person suspected by the labor bureau, the employee may terminate the labor contract immediately without prior notice to the employer.

If the employee voluntarily resigns, the employer may not pay economic compensation, but if the employee is forced to resign under the circumstances specified in Article 38 of the Labor Contract Law, the employer shall also pay economic compensation, if the employer fails to provide labor protection or working conditions in accordance with the labor contract; Failure to pay labor remuneration in full and in a timely manner; Failure to pay social insurance premiums for workers in accordance with the law, or the rules and regulations of the employer violate the provisions of laws and regulations, harming the rights and interests of workers; Fraud, coercion or taking advantage of the danger of others to make the other party conclude or modify the labor contract contrary to their true intentions, resulting in the invalidity of the labor contract.

1. The situation in which the employee is forced to terminate the labor contract.

It stipulates that an employee is forced to terminate a labor contract under the following circumstances:

1. The employer fails to provide labor protection or working conditions in accordance with the labor contract; For example, forcibly giving employees "vacation" or "suspension of work" can be regarded as failing to provide labor conditions in accordance with the labor contract.

2. Failure to pay labor remuneration in full and in a timely manner; If wages are not paid after the date of payment of wages, overtime pay will be underpaid, etc.

3. Failing to pay social insurance premiums for workers in accordance with the law; If an employer fails to pay social insurance premiums or the payment standard is lower than the statutory standard, it is a failure to pay social insurance premiums for employees in accordance with the law.

4. The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees; For example, in the rules and regulations, it is stipulated that overtime pay will not be paid for overtime, and no resignation shall be allowed without the approval of the company.

5. The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of the Labor Law; Mainly, the employer uses fraud, coercion or taking advantage of the danger of others to make the other party conclude or modify the labor contract contrary to its true intentions; The employer exempts itself from statutory liability and excludes the rights of employees; The employer violates the mandatory provisions of laws and administrative regulations.

6. Other circumstances in which the employee may terminate the labor contract as stipulated by laws and administrative regulations.

Note: If the employee terminates the labor contract based on the above illegal circumstances of the employer, the employee shall notify the employer.

7. If the employer compels the worker to work by means of violence, threat or illegal restriction of personal freedom, or the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the personal safety of the worker, the worker may immediately terminate the labor contract without prior notice to the employer.

Lawyer analysis

Yes, there must be evidence that the company forced overtime before compensation can be claimed. If the employer requires the employee to work overtime but does not pay overtime pay, the employee can directly terminate the employment relationship with the employer and demand the overtime pay due from the employer, and can also claim compensation from the employer.

Legal basis: Article 44 of the Labor Law.

In any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the employee for normal working hours according to the following standards:

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

If overtime is not allowed to be legally closed, the employer must be compensated for the loss of voluntary resignation. According to Articles 41 and 44 of the Labor Law, overtime shall be arranged by the employer after consultation with the labor union and the employee according to the needs of production and operation, and shall not exceed 3 hours per day and 36 hours per month. The law protects the employee's right to rest and restricts overtime in many aspects, and the employer does not arrange overtime for the employee in accordance with the law.

Voluntary resignation refers to the act of forcibly terminating the labor relationship with the employer according to the employee's unauthorized resignation according to the employer and his own situation, which is an illegal termination of the contract, and the employee voluntarily resigns because the employer does not arrange overtime work because he is willing to leave the job voluntarily, and there is no problem of forced employment by the employer. According to Article 90 of the Labor Contract Law, the employer shall be compensated for its losses. The termination of the contract shall be subject to the statutory conditions and procedures, and the employer may terminate the contract by consensus or 30 days' written notice if the employer does not have the statutory fault stipulated in Article 38 of the Labor Contract Law.

Voluntary resignation is not permitted. Article 41 of the Labor Law The employer may, after consultation with the labor union and the workers, extend the working hours due to the needs of production and operation, 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 3 hours per day but shall not exceed 36 hours per month under the condition of ensuring the health of the worker. Article 90 of the "Labor Contract Law" If a worker terminates a labor contract in violation of the provisions of this law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, and causes losses to the employer, he shall be liable for compensation.

Ministry of Labor "Notice on Several Issues Concerning the Implementation of the Labor Contract System" Ministry of Labor No. 1996 No. 354 18 An employee shall submit a written request to the employer 30 days in advance in strict accordance with the provisions of the Labor Law. An employee's voluntary resignation is an illegal termination of the labor contract, and the employee shall be liable for compensation in accordance with the Measures for Compensation for Violation of the Labor Law on Labor Contracts.

Legal Analysis: No, generally speaking, the employer shall not force the employee to work overtime, that is, the employee has the right to refuse to work overtime. However, under the following special circumstances, the employer requires the employee to work overtime, and the employee shall not refuse:

In the event of natural disasters, accidents or other reasons, threatening the life, health and property safety of workers, and requiring urgent treatment, etc.

Legal basis: Labor Law of the People's Republic of China Article 41 An employer may extend its working hours after consultation with the labor union and the workers due to the needs of production and operation, and generally shall not exceed one hour per day, and if it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours per day but not more than thirty-six hours per month under the condition of ensuring the health of the workers.