How to deal with the mandatory 12 hour work day without overtime pay

Liability for Compensation for Violent Employment] Article 86 of the Labor Contract Law stipulates that if an employer falls under any of the following circumstances, it shall be given an administrative penalty in accordance with the law; constitutes a crime; criminal responsibility is pursued in accordance with the law; If damage is caused to the worker, he shall be liable for compensation:

1) Forced labor by means of violence, threats, or unlawful restriction of personal freedom;

2) Directing or forcing risky operations in violation of rules and regulations, endangering the personal safety of workers;

3) Insulting, corporal punishment, beating, unlawful searching, or detaining laborers;

4) Poor working conditions and serious environmental pollution, causing serious damage to the physical and mental health of workers.

Immediate Termination of Violent Employment] Article 38 of the Labor Contract Law stipulates that if an employer forces an employee to work by means of violence, threats or illegal restrictions on personal freedom, or if the employer violates rules and regulations and forces risky work to endanger the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer.

Report to the labor administrative department (that is, the labor inspection brigade) to force you to pay overtime wages, that is, 15% of overtime wages, and you can also write a request in the report letter, so that the administrative department can order the unit to pay you compensation (the compensation is calculated according to the time when the employer refuses to pay you overtime wages, 50% to 100%), but there is a premise for these: 1. You must have evidence. 2. It depends on the labor department's assessment of the degree of violation of the law in this unit, which also includes ulterior things. Anyway, you have to go to the labor administrative department to report it, at least overtime pay will still be given to you, and the labor administrative department will generally help you maintain the basic principles!

Hope it helps, thank you!

1. According to the relevant provisions of the Labor Law, overtime pay must be paid for overtime. However, the employee must provide some evidence on the fact of overtime.

2. To claim overtime pay, you can negotiate through negotiation, or through labor inspection, or through labor arbitration.

3. If the forced labor is established, the worker also has the right to terminate the labor contract, and can even investigate the criminal liability of the relevant responsible person.

Lawyer Duan Jibo.

It is easy to understand the example of dreaming that everyone has experienced, and when they are dreaming, in fact, most people do not know that they are dreaming. When you encounter a good dream, such as meeting a beautiful woman in a dream, or dreaming that you are rich, or being praised by others, and becoming famous, etc., then you will be very happy in the dream, and someone will wake you up at this time, and then you will know that it is a "sweet dream".

Legal Analysis: If an employee works more than 12 hours a day and is not counted as overtime, the employer's behavior is an illegal act, and the employee can apply for labor arbitration and require the employer to pay overtime pay.

Legal basis: Labor Law of the People's Republic of China Article 44 In any of the following circumstances, the employer shall pay the wage and remuneration higher than the wage of the employee for normal working hours in accordance with the following standards: (1) if the worker is arranged to work longer hours, the wage remuneration shall not be less than 150% of the wage of the wheel town; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, 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, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

Summary. Hello, kiss <>

If you work 12 hours and are forced to work overtime without receiving overtime pay, you can file a complaint with the labor inspection department or defend your rights through labor arbitration. <>

What should I do if I work 12 hours and still work overtime and have no overtime pay?

Hello, kiss <>

If you are forced to work overtime for 12 hours but do not receive overtime pay, then you can file a complaint with the labor inspection department, or you can defend your rights through labor arbitration. <>

Kiss <>

According to the Labor Law of the People's Republic of China, employers shall abide by the working hours, rest periods and labor safety and health standards stipulated by the state, and shall not extend working hours in violation of the regulations. For those who extend the working hours, overtime pay shall be paid in accordance with national regulations. <>

<>In addition, you need to note that if the employer violates the provisions of the Anti-Labor Blind Encounter Law and refuses to pay overtime pay, the employee can protect his rights through the following ways: 1

Negotiate with the employer to request overtime pay. 2.Lodge a complaint with the labour inspectorate.

3.Labor disputes are resolved through labor arbitration. If the arbitration result is not satisfied, it can also be resolved through legal means.

Dear, is there anything else you don't understand? If you still don't understand something, you can also tell me about your situation in detail, and I can answer it for you<>

Flowers] <>

Summary. Hello dear <>

According to the provisions of the Labor Law, the employer shall protect the legitimate rights and interests of employees, shall not force employees to work overtime in violation of labor laws and regulations, and shall pay employees overtime pay in accordance with national regulations. If the employer has mandatory overtime but fails to pay overtime pay, you can protect your rights and interests in the following ways:1

Negotiate with the employer: First, you can try to communicate and negotiate with the employer to request overtime pay or adjust the work arrangement to reduce overtime hours. 2.

Hire a lawyer to file a labor arbitration or lawsuit: If the above two ways cannot solve the problem, you can hire a lawyer to file a labor arbitration or lawsuit to require the employer to pay overtime pay and other legitimate rights and interests. <>

What should I do if I work 12 hours and still work overtime and have no overtime pay?

Hello dear <>

According to the provisions of the Labor Law, the employer shall protect the legitimate rights and interests of the employee, shall not force the employee to work overtime in violation of labor laws and regulations, and shall pay overtime pay to the employee in accordance with the provisions of the state. If the employer has mandatory overtime but fails to pay overtime pay, you can protect your rights and interests in the following ways:1

Negotiate with the employer: First, you can try to communicate and negotiate with the employer to request overtime pay or adjust the work arrangement to reduce overtime hours. 2.

Hire a lawyer to file a labor arbitration or lawsuit: If the above two ways cannot solve the problem, you can hire a lawyer to file a labor arbitration or lawsuit to require the employer to pay overtime pay and other legitimate rights and interests. <>

<> relatives and repentance, is there anything else you don't understand here? You can describe it to the teacher in detail, so that the teacher can better answer for you. <>

Hourly employees are paid overtime for overtime. Hourly employees are part-time employees, and the average daily working hours of employees in the same employer generally do not exceed four hours, and the excess time can be overtime, and the cost of overtime is determined through negotiation with the employer.

Article 44 of the Labor Law of the People's Republic of China 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) If a worker who fails to sell a sedan chair is arranged to extend his working hours, he shall be paid a wage remuneration of not less than 15% of the wage; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, 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, he or she shall be paid a wage remuneration of not less than 300 percent of his wages. Article 85 of the Labor Law of the People's Republic of China Where an employer falls under any of the following circumstances, the labor administrative department shall order it 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 employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

3) arranging overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Because it is inevitable that employees will encounter similar situations in their daily work, we must remember how the "Labor Contract Law" in China quietly refines the provisions. According to Article 31 of the new Labor Contract Law, the employer should strictly implement the labor quota standard, and should not force or change the item to force the employee to work day and night. In addition, Article 41 of the Labor Contract Law stipulates that due to the necessity of production and operation, an employing enterprise may increase its working hours after discussion with the gang and employees, and generally cannot exceed one hour per day.

According to the regulations, if the enterprise violates the law and forces the employee to increase the working hours, the employee has the right to refuse. Nowadays, enterprises are fighting day and night, generally calculated according to the working day, if the enterprise breaks through the basket to exploit employees, the company's employees can unite to find a leader or guild of the company, so that the leaders can give an insight. In today's society, it is indeed impossible for the weak to report the violation, and it is only possible to improve the breakthrough of the enterprise to exploit the individual.

Since there is a law, it is the only way to solve the difficulties in accordance with the rules.

Article 41 of the Labor Law of the People's Republic of China stipulates that due to the necessity of production and operation, an employing enterprise may increase its working hours after consultation with the gang and employees, and generally cannot exceed one hour per day; If it is necessary to increase the working hours due to special reasons, the increase in working hours shall not exceed three hours per day under the condition of ensuring the health of the employees, but shall not exceed thirty-six hours per month. Article 31 of the Labor Contract Law stipulates that an employing enterprise shall strictly enforce the labor quota standard, and shall not force or break through the basket to force employees to fight day and night.

Article 41 of the Labor Law stipulates that due to the necessity of production and operation, an employing enterprise may increase its working hours after discussion with the gang and its employees, and generally cannot exceed one hour per day. If it is necessary to increase the working hours due to special reasons, the increase in working hours shall not exceed 3 hours per day under the condition of ensuring the health of employees, but shall not exceed 36 hours per month.

Article 38 of the Labor Law stipulates that an employing enterprise shall ensure that its employees have at least one day off per week.

Under normal circumstances, you can file a complaint with the labor department and ask the other party to pay overtime pay, so be sure to take up the law to protect your legitimate rights and interests.

You can file a complaint with the labor department, and then you will have to recover the overtime pay. Where the circumstances are serious, a sentence may be given.

You should keep the evidence that the boss forced you to work overtime, and then go to the labor bureau to apply for arbitration, because the company's practice has seriously affected the labor law.

In real life, some workers work long hours, and some companies implement a two-shift system, and workers often need to work more than 12 hours, so is working 12 hours a day a law against Zhiheng?

Netizens asked: Is the 12-hour work system illegal? What is the overtime pay?

Lawyer's answer: 1. Does the twelve-hour work system violate the labor law Hourly work is not necessarily illegal, which can be legally calculated: (1) Employees work 12 hours a day, 3 days a week.

Then the total number of hours worked in a week is 36 hours, and there is no limit of more than 40 hours in a week. Such operations are legal, such as bus drivers, many of whom come to work according to this; (2) Employees work 12 hours a day, and the excess part is counted as overtime hours. As long as the overtime hours are controlled within 36 hours in a month, the company's practice is also legal.

If an enterprise requires employees to work 12 hours a day, it is illegal for the company to calculate it, even if the excess part is calculated as overtime hours.

2. From the perspective of the work system, there are three ways: standard working hours and irregular working hours, and comprehensive calculation of working hours. 1. Standard working hours system: suitable for personnel with fixed working hours, that is, working 5 days a week, working 8 hours a day, and working no more than 40 hours a week.

For example, administrative staff; 2. Irregular working hours: suitable for those who need to work flexibly or work flexibly because their work cannot be measured by standard working hours. e.g. salesmen, etc.; 3. Comprehensive calculation of working hours:

It is suitable for those who need to work continuously and work continuously on a weekly, monthly, quarterly, yearly, etc. cycle. For example, people in industries such as railways, aviation, tourism, etc.

In the case of overtime, the employer shall pay overtime pay, and the employer shall pay overtime pay in accordance with the law for extended working hours

If the overtime is worked on a working day, the overtime pay shall not be less than 150% of the usual wage;

If the employee works overtime on a rest day without compensatory leave, the overtime pay shall not be less than 200% of the usual salary;

If the overtime is worked on statutory holidays, the overtime pay shall not be less than 300% of the usual wage;

Miscellaneous. Lawyer Analysis:

Enterprises may implement an irregular working hours system for employees who meet one of the following conditions.

1) Senior management personnel, field personnel, sales personnel, some on-duty personnel and other employees in the enterprise who cannot be measured by standard working hours due to their work;

2) Long-distance transport personnel, taxi drivers, railways, port distribution ports, and warehouses in the enterprise, as well as employees who need to work in a mobile manner due to the special nature of their work;

3) Other employees who are suitable for the implementation of the irregular working hours system due to the characteristics of production, the special needs of the work or the relationship between the scope of responsibility of vocational training.

The biggest feature of the irregular working hours system is that the working hours of the employees who implement this kind of working hours system are not limited by the daily extension time standard and the monthly extension time standard, which makes the working hours of employees whose working hours cannot be fixed can not only comply with the provisions of the law but also meet the uncertainty of working hours, so only the irregular working hours system can do the most flexible arrangement of employees' working hours and effectively reduce costs.