How to report forced overtime on Saturday and what to do if you don t pay overtime

If an employer arranges for an employee to work overtime on weekends, it shall pay a wage remuneration of not less than 200% of the wage. If the employee refuses to pay, the worker may file a complaint with the labor and social security administrative department (labor inspection brigade) or apply to the labor dispute arbitration commission for labor arbitration.

Legal basis: Labor Code

Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

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 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.

Labor Contract Law

Article 31 Employers shall strictly enforce the labor quota standards and shall not force or covertly compel laborers 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.

Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; 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

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

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.

Labor Dispute Mediation and Arbitration Law

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

If the company arranges for the employee to work overtime on Saturday, the company is required to pay the employee overtime pay, otherwise the employee can file a complaint with the labor inspection department or apply for labor arbitration.

If overtime work is not paid on rest days, compensatory leave shall be arranged; Otherwise, it violates Article 44 of the Labor Code.

1. How to report overtime work without overtime pay during holidays.

1. The method of reporting overtime without overtime pay during the holiday is as follows:

1) You can complain and report to the local labor supervision and inspection brigade;

3) Write a letter to the local authorities to report anonymously.

2. Legal basis: Article 36 of the Labor Law of the People's Republic of China.

The State implements a system of working hours in which the daily working hours of those who work are not more than eight hours and the average weekly working hours are not more than 44 hours.

Article 37.

For workers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system provided for in Article 36 of this Law.

Article 38.

The employer shall ensure that the employee has at least one day off per week.

2. How to calculate overtime pay for holidays.

Overtime pay for holidays is calculated as follows:

1. If a worker is arranged to work longer hours, he or she shall be paid a wage remuneration of not less than 150% of the wage;

2. If the worker is arranged to work on the rest day and cannot arrange compensatory leave, he shall be paid a 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% of the wage;

4. The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law.

Legal Analysis: Overtime pay is not legal, but it can be reported to the labor and social security department and demand reasonable overtime pay and overtime work.

Legal basis: Labor Law of the People's Republic of China Article 44 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) If the employee is arranged to work longer hours, the employer shall pay 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 arrange a compensatory break, 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 shall be paid a wage of not less than 300% of the wage.

1. Where to complain if the company does not pay overtime for overtime

1. If you work overtime outside of working hours but do not get overtime pay, you should promptly complain and report to the labor and social security supervision department, and pay attention to collecting overtime evidence when making rights protection claims. If overtime pay is not paid, there are two ways for workers to defend their rights:

1) Lodge a complaint with the local labor and social security inspection agency, which will investigate and deal with it.

2) In the event of a dispute over the payment of overtime wages, the employer may file a complaint with the local labor dispute arbitration commission to request that the employer be awarded the overtime expenses and the economic compensation prescribed by law.

When required by law, workers must pay attention to collecting evidence of overtime, such as time cards, unit meal records, etc. If you apply for labor arbitration, you should be careful not to exceed the one-year limitation period for arbitration. In addition, in view of the phenomenon that individual units issue and award "red envelopes" to employees who work overtime, and regard the "red envelopes" as the overtime wages of employees, the "red envelopes" are the employer's affirmation and praise of employees' work performance for one year, which is similar to the year-end bonus, but cannot replace the overtime wages outside of the work hours.

If the employer refuses to pay overtime wages, the employee may prepare overtime records, labor contracts, written materials, etc., and report them to the labor and social security supervision agency.

2. Legal basis:

Article 42 of the Labor Law of the People's Republic of China stipulates.

In any of the following circumstances, extended working hours are not subject to the restrictions of Article 41 of this Law:

1) Natural disasters, accidents or other reasons that threaten the life, health and 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 stipulated by laws and administrative regulations.

The Shanghai Municipal Bureau of Human Resources and Social Security pointed out four statutory circumstances.

2. How to compensate the company for overtime work without overtime pay

The labor administrative department shall order the payment of 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

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Overtime is not paid overtime can be reported. Enterprises need to arrange working hours in accordance with the provisions of the Labor Contract Law, and the excess time is regarded as overtime, and the corresponding overtime pay should be paid, and the employee has the right to refuse to work overtime if the overtime pay is not paid. If an enterprise compulsorily extends the working hours of an employee without justifiable reasons, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine.

Article 26 of the Regulations on the Supervision of Labor and Social Security: If an employer commits any of the following acts, the administrative department for labor and social security shall order the employer to pay the employee's wages and remuneration, the difference between the worker's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable: (1) deducting or defaulting on the employee's wages and remuneration without reason; (2) The wages paid to the laborers are lower than the local minimum wage standard; (3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.