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Department of Political Science and Law Law Professional Analysis, Wang. If you don't understand, please continue to ask.
The entire fourth chapter of the Labor Law of the People's Republic of China is about working hours, and there is not much content, so I will stick it to you, you can take a look.
Chapter IV Working Hours, Rest and Vacation.
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 37 The employer shall reasonably determine the labor quota and piece-rate remuneration standards for laborers who work on a piece-rate basis in accordance with the working hours system provided for in Article 36 of this Law.
Article 38 The employer shall ensure that the worker has at least one day off per week.
Article 39 Where an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may, with the approval of the labor administrative department, implement other work and rest measures.
Article 40 An employer shall arrange leave for its employees during the following holidays in accordance with law:
a) New Year's Day; 2) Spring Festival.
3) International Labor Day;
4) National Day.
5) Other holidays and holidays as provided for by laws and regulations.
Article 41 Due to the needs of production and operation, an 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, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.
Overtime. Article 42: In any of the following circumstances, the extension of working hours is not subject to the restrictions provided for in Article 41 of this Law:
1) Natural disasters, accidents, or other reasons that threaten the life, health, or property safety of workers, and need to be dealt with urgently;
2) Production equipment, transportation lines, and public facilities fail, affecting production and public interests, and must be repaired in a timely manner.
3) Other circumstances provided for by laws and administrative regulations.
Article 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.
Article 44 In 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) 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 arrange a compensatory holiday, he shall be paid a wage remuneration of not less than 200% of the wage.
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.
Article 45 The State implements a paid annual leave system.
Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.
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1. What are the provisions of the Labor Law on overtime hours?
1. The provisions of the labor law on overtime hours are buried as follows:
1) The State implements a working hour system 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;
2) The employer shall ensure that the employee has at least one day off per week.
2. Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China.
Under any of the following circumstances, the employer shall pay economic compensation to the employee:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
2) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;
3) Other situations provided for by laws and administrative regulations.
2. What materials are required to sign the labor contract?
The materials required to sign the labor contract are as follows:
1. A copy of ID card;
2. A photocopy of academic certificate;
3. A copy of the relevant qualification certificate;
4. Two one-inch blue backgrounds;
5. If you have resigned before, you may also need to apply for a resignation certificate.
3. What are the precautions for signing a labor contract?
The precautions for signing an employment contract are as follows:
1. Review the subject qualifications of workers;
2. Fulfill the obligation to inform the pure transport of ants;
3. When signing the labor contract, the employee should sign it first, and the employer should seal it uniformly;
4. Go through the entry procedures;
5. Go through the employment procedures.
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The overtime hours stipulated in the Labor Law of the People's Republic of China are as follows:
1. The State implements a working hour system in which the working hours of workers shall not exceed eight hours per day of regret and the average weekly working hours shall not exceed forty-four hours;
2) The employer shall ensure that the employee has at least one day off per week.
3. The employer shall arrange leave for employees during New Year's Day, Spring Festival, International Labor Day, National Day, and other holidays stipulated by 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 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, under the condition of ensuring the health of the worker. The employer shall not extend the working hours of the employee in violation of the regulations.
The law paragraph front shirt 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 workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.
Article 38 The employer shall ensure that the worker has at least one day off per week.
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Legal analysis: generally not more than one hour per day; Under special circumstances, extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month.
Legal basis: Labor Contract Law of the People's Republic of China 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, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons for leakage and hardship, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month under the condition of ensuring the health of the worker.
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The provisions of the Labor Law on overtime: due to the needs of production and operation, the employer may, after consultation with the labor union and the employee, extend the working hours to prepare the room, which shall generally not exceed one hour per day; If the employer arranges for the employee to work overtime, the employer shall pay overtime pay in accordance with the law; If the employer illegally arranges for the employee to work overtime, the employee may unilaterally terminate the labor contract without a face. Other.
[Legal basis].Article 41 of the Labor Law of the People's Republic of China.
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 3 hours per day but shall not exceed 36 hours per month under the condition of ensuring the health of the worker.
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Article 41 of the Labor Law stipulates that due to the needs of production and operation, an 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 under the condition of ensuring the health of the crackers in the labor deficiency section, but shall not exceed 30 volts and six hours per month.
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There is a limit to the overtime hours that workers can take. Generally, the daily overtime time shall not exceed 1 hour; 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 and health of the workers.
[Legal basis].
Article 41 of the Labor Law stipulates that due to the needs of production and operation, an employer may extend its working hours after consultation with 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.
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