If production requires overtime for more than three hours, overtime pay will not be counted, and is

Overtime on rest days can be compensated, and overtime on working days and statutory holidays should be paid overtime.

According to Article 44 of the Labor Law and Article 12 of the Interim Provisions on Payment of Wages of the Ministry of Labor, if an employer arranges an employee to work longer than the statutory standard working hours according to actual needs after the employee has completed the labor quota or prescribed work tasks, the employer shall pay the employee wages at a rate not lower than 150% of the employee's hourly wage as stipulated in the labor contract. If an employee is arranged to work on statutory holidays, the employee's salary shall be paid at a rate not lower than 300% of the employee's daily or hourly wage as stipulated in the labor contract; If the compensatory rest cannot be arranged, the employee shall be paid wages not less than 200% of the employee's daily or hourly wage as stipulated in the labor contract;

If an employee who is subject to piece-rate wages is arranged by the employer to extend his working hours after completing the piece-rate quota task, he or she shall be paid wages at a rate not less than % of the unit price of the piece-rate working hours of the employee in accordance with the principles stipulated above.

Article 44 of the Labor Law In 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.

The company only works overtime on rest days, and does not arrange overtime pay for compensatory leave. If an employee is assigned to work on a rest day, he or she may be arranged to take a compensatory leave or pay a wage remuneration of not less than 200% of the wage, but overtime work at night and overtime on statutory holidays must be paid overtime wages, and compensatory leave may not be used.

Article 44 of the Labor Law stipulates that under any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the employees for normal working hours in accordance with the following standards: (1) If the workers are arranged to work longer hours, they shall be paid wages and remunerations not less than 150% of the wages; (2) If a worker is arranged to work noisily on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of his wages; 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.

Legal analysis: working in three shifts for 12 hours without overtime pay is unreasonable. According to the relevant provisions of the law, if the employer arranges the employee to work outside the statutory standard working hours according to the actual needs after the employee has completed the labor quota or the prescribed work tasks, the employer shall pay the employee according to the following standards:

If the employer arranges for the employee to work longer than the statutory standard working hours in accordance with the law, the employer shall pay the employee wages at a rate not lower than 150% of the employee's hourly wage as stipulated in the labor contract.

Legal basis: Article 13 of the Interim Provisions on Payment of Wages After the employee has completed the labor quota or the prescribed work tasks, the employer shall pay the wages according to the following standards if the employer arranges the employee to work beyond the statutory standard working hours according to actual needs: (1) If the employer arranges the employee to work longer than the statutory standard working hours in accordance with the law, the employer shall pay the employee wages at a rate not lower than 150% of the employee's hourly wage as stipulated in the labor contract; (2) If the employer arranges for the worker to work on a rest day in accordance with the law, but cannot arrange a compensatory break, the employer shall pay the employee's wages at a rate not lower than 200% of the employee's daily or hourly wage as stipulated in the labor contract; (3) If the employer arranges for the employee to work on statutory holidays and holidays in accordance with the law, it shall pay the employee wages at a rate not lower than 300% of the employee's daily or hourly wage as stipulated in the labor contract.

Overtime can be compensated and not paid overtime pay legally. Overtime work on weekends can be used to offset overtime pay, but if no compensatory time off is given, the company must pay employees 200/100 of their wages. In other words, employees who work overtime on weekends can replace overtime pay with compensatory leave.

Weekend overtime is a day off, according to the provisions can also be given priority to the holiday, if you can't make a regular holiday, you have to pay double the salary.

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 employee's normal working hours in accordance with the following standards: (1) If the employee is arranged to extend the working hours of the worker, the employer shall pay the wage remuneration not less than 150% of the wage; 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.

Legal analysis: Whether it is legal to pay overtime for overtime for more than 36 hours depends on whether the overtime work is legitimate and legal. It is illegal for an employer to extend working hours in violation of regulations and there is no overtime pay.

This is because if the employer wants the employee to work overtime, (1) if the employee is arranged to work longer hours, it shall pay the employee a wage remuneration of not less than 150% of the wage; 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.

Legal basis: Labor Law of the People's Republic of China

Article 40 An employer shall not extend the working hours of an employee in violation of the provisions of this Law.

Article 44 Under 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 the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the 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) Where a laborer is assigned to work on a statutory holiday, he shall be paid a wage remuneration of not less than 300 percent of his wages.

Whether it is illegal to pay overtime for more than 36 hours depends on the actual situation

1. If there is a natural disaster, accident or other reasons that threaten the life, health and property safety of workers and need to be dealt with urgently, production equipment, transportation lines, and public facilities fail, affecting production and public interests, and must be repaired in a timely manner, it is not illegal to work overtime for more than 36 hours;

2. If there is no above situation, then overtime for more than 36 hours is considered illegal, and it has nothing to do with whether overtime pay is paid.

Working overtime for more than 36 hours and whether or not to pay overtime are two different things, two different offenses.

The calculation standards for overtime pay are as follows:

1. When calculating the wages of additional shifts, the daily wage shall be converted according to the average number of days of salary per month, and the hourly wage shall be divided by 8 hours on the basis of the daily wage;

2. Holiday overtime pay = the calculation base of overtime wages divided by 300%;

3. Overtime pay on rest days = the calculation base of overtime wages divided by 200%;

4. Overtime wages on normal working days = the calculation base of overtime wages divided by 150%;

5. The overtime wage per hour is divided by 8 hours of daily overtime wage;

6. When determining the calculation base of overtime wages, if the labor contract clearly stipulates the base of overtime wages, it shall be determined according to the agreed standards. However, the calculation base of overtime wages shall not be lower than the minimum wage standard of the city.

Legal basis: Labor 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, 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.

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 44.

In any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the employee 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 be arranged for a compensatory holiday, 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 shall be paid a wage remuneration not less than 300 percent of the wage.