Under what circumstances can an employee refuse to work overtime?

Under what circumstances are employees not allowed to refuse to work overtime?

In the event of an emergency that endangers public safety and public interests, the law allows the employer to extend the working hours of the employee and appropriately exceed these restrictions on overtime.

According to the Labor Law and relevant national regulations, employees shall not refuse the overtime arrangement of the employer in the following four situations:

1) The occurrence of natural disasters, accidents, or other reasons that seriously threaten the safety of people's lives, health, or property, 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) It is necessary to use the suspension period of statutory holidays or public holidays to overhaul and maintain equipment;

4) In order to complete emergency tasks for national defense, or to complete other emergency production tasks arranged by the state unplanned, as well as commercial and supply and marketing enterprises in completing urgent tasks for purchasing, transporting, or processing agricultural and sideline products, as well as other circumstances provided for by laws and administrative regulations.

Even so, the law has certain restrictions on overtime workers, prohibiting employers from arranging overtime work for juvenile workers, pregnant female workers, and female employees breastfeeding infants under the age of 12 months from working outside of normal working days.

Some work customers are particularly urgent, and they will be fined for not completing today and tomorrow, or pay liquidated damages. In addition, many jobs require overtime pay, and employees generally do not refuse.

Overtime is adjusted according to the current task, and it is best to actively cooperate with the workload when working time.

When the company pays overtime pay, the company asks the employee to work overtime and cannot refuse.

When the company's order is urgent, the company asks the employee to work overtime, and it cannot be refused.

In the case that the company is in a hurry, or even, because the company cannot deliver the goods on time, the company will be compensated for liquidated damages, then, all employees can not refuse to work overtime, they must drive out the goods.

OK. If the employer arranges overtime work in violation of the law and forces labor, the employee can promptly file a complaint or report to the local labor inspection brigade.

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 three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

Legal analysis: Employees can refuse to work overtime, but some workers cannot refuse to work overtime under special types of work and special circumstances.

Legal basis: Article 41 of the Labor Law of the People's Republic of China stipulates that due to the needs of production and operation, employers may extend their working hours after consultation with the trade union and workers, 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.

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.

Legal analysis: the right to refuse overtime, the labor law stipulates that if an enterprise must extend its working hours due to the needs of production and operation, it shall negotiate with the labor union and the workers. After negotiation, the enterprise may decide to extend the working hours within the number of extended working hours set by the Labor Law.

If an enterprise violates laws and regulations and forces an employee to extend working hours, the employee has the right to refuse. If a labor dispute arises as a result, it may be submitted to the labor dispute settlement agency for handling.

Legal 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 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 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.

Legal analysis: Employees can refuse to work overtime, but some workers cannot refuse to work overtime under special types of work and special circumstances.

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 under the condition of ensuring the health of the workers, but shall not exceed 30 hours per month and six hours.

Legal analysis: It can be refused, but under special circumstances and special circumstances, some workers who know that the mu is destroyed cannot refuse to work overtime. If an enterprise really needs to extend its working hours due to the needs of production and operation, it shall negotiate with the labor union and the workers.

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

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, 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 occur that threaten the life, health, or property safety of laborers, 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.

Legal Analysis: Normally it can be refused, and the employer shall not force the employee to work overtime. First, the occurrence of natural disasters, accidents or other causes that seriously threaten the health and safety of the people and the property of the state and must be dealt with immediately; Second, the failure of production equipment, transportation lines, and public facilities in the town affects the production of celery cover and the public interest, and needs to be urgently repaired; Third, it can only use holidays for overhaul and maintenance; Fourth, it is urgently needed for national defense.

Article 31 of the Labor Contract Law stipulates that employers shall strictly enforce labor quota standards and shall not force or covertly compel employees to work overtime. If an employer arranges overtime, it shall pay overtime pay to the employee in accordance with the relevant provisions of the state.

Of course, <> can refuse, and it's okay to add it once or twice once in a while. Always work until 10:11 p.m. every day, and the overtime pay is not good, are you still willing to add?

Nowadays, under the guise that it is difficult to find a job during the epidemic, many companies not only open low unit prices, but even have low overtime pay, and even do not let you work overtime for free. Originally, the salary at night is higher than during the day, and sometimes it is not as good as the daytime, which is really unreasonable. Are low-level employees really unable to find something to do?

How is this possible.

If there is an emergency at home that makes it impossible for you to work overtime at night, it is also being cleaned up. A slightly more formal and humane company and factory will not trouble you, and your refusal to work overtime is also using your legitimate rights.

We all know that people die for money, birds die for food, and they don't come out to work to earn money to support their families. Your overtime pay in the company is not high, can you find a way? Many people don't even have overtime pay, and are forced to work in factories during the day and set up stalls at night to make ends meet.

This kind of example abounds, and you can't be forced to do it if you don't want to work overtime.

Some people are tired of doing things on the assembly line of the factory, and 90 hours a day is enough. I have to add another five or six hours, how can I endure this, the body is the capital of the revolution, and the body is burned out. When the time comes, you have to spend a lot of money, so it's really unnecessary.

If you continue to work overtime for a long time, you can refuse, but from the actual situation, if you refuse to work overtime, the unit will definitely not agree, if you forcibly refuse, it is estimated that it will not be easy to mix in the unit in the future. However, on the other hand, if the unit works overtime, it needs to pay overtime pay, and the overtime work is usually doubled; Weekend days off are doubled; Overtime on statutory holidays is three times the salary, and if the employer does not pay overtime in accordance with the regulations, you can go to the local labor inspection brigade to complain to your unit.

Legal basis: Labor Code

Article 41 Where an employer arranges for workers to extend their working hours due to the needs of production and business operations, it shall negotiate with the labor union and the workers and obtain the consent of the workers and the trade union. Employees have the right to refuse to work overtime.

Article 42 Under any of the following circumstances, the employer shall arrange overtime work, and the worker shall not refuse:

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.