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It is a violation of the Labor Law for an employer to allow an employee to work 24 hours a day. The State implements a system of working hours in which the daily working hours do not exceed eight hours. 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.
For overtime work, the employee may file a complaint with the local labor administrative department, and if the employer compels labor by means of violence, threats or illegal restrictions on personal freedom, the employee shall bear the corresponding legal responsibility.
Legal basis: Article 36 of the Labor Law 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 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 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.
Article 90 Where an employer violates the provisions of this Law by extending the working hours of its employees, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine.
Article 96: Where an employer commits any of the following acts, the public security organ shall detain the responsible personnel for up to 15 days, impose a fine, or give a warning; where a crime is constituted, the responsible persons shall be pursued for criminal responsibility in accordance with law
1) Forced labor by means of violence, threats, or unlawful restriction of personal freedom;
2) Insulting, corporal punishment, beatings, illegal searches, and detention of laborers.
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Then may I ask us now in the corn deep processing unloading, just 24 hours, corn deep processing still have to let us do not unload the job, is it reasonable?
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According to national regulations, it is 8 hours to work normally! In addition, overtime is given at multiple times the hourly wage! It has to be voluntary!
A situation like what you said is a violation of labor law! You can go to the labor bureau and file a complaint! But you have to have a contract!
It's better to go with your own contract! Then they'll take care of you! They have legal counsel, lawyers, etc., all for free!
You don't have to spend money to sue the court! You'll have to go and consult in person.
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If a group of people do 24 hours in a row day and night without resisting.
That's a flock of sheep! There's not much to say.
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Unless you're a slave, if you're human, you rebel, and doing 24 hours a day is no different from killing someone.
Because employees are people, not machines.
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Zhuhai Gree is often like this, I don't know what Dong Mingzhu thinks about this matter.
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It is a violation of labor law for a factory to fail to pay workers a wage higher than their normal working hours for a 12-hour workday. The Labor Law of the People's Republic of China stipulates that Article 36 The State shall implement 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 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 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, the employer shall pay a wage remuneration of not less than 150 percent 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 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with law.
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The factory will comprehensively calculate the working hours system (quarterly and annual) according to the employee's job application, and due to different production tasks throughout the year, as long as the overtime work does not exceed 36 hours per month, and the employee is reasonably arranged to rest according to the off-peak season, it is not considered a violation of the labor law.
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The factory works 12 hours a day, and if the employees do not do it voluntarily, it is a violation of labor law for the company to do so, after all, they work too long a day.
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Whether a factory working 12 hours a day violates the labor law is a relatively difficult issue, in principle, it should not exceed eight hours, and after that, more overtime pay must be paid, but many units cannot do it, and it is a very common phenomenon in enterprises or factories.
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Illegal. 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, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.
Overtime pay is double on weekdays, 5 times overtime on weekends and 3 times overtime on holidays.
If the unit violates the law, it can report it to the local labor inspection department.
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This depends on whether there is remuneration for the excess time, and if there is remuneration, it should not violate the labor law, otherwise, it is a violation of the labor law.
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Does a factory work 12 hours a day violate labor laws? It may be a violation of labor laws, but if you are paid overtime, it is not illegal, and see how your factory calculates your wages, right?
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Does a factory work 12 hours a day violate labor laws? It is a violation of labor laws. Usually the work is about 7 to 8 hours. If this time is exceeded, it is considered illegal.
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It is not illegal to work 12 hours in a factory because the factory pays overtime in accordance with the law. If the employer does not pay overtime and the monthly overtime hours exceed the specified time, it is also illegal.
There are 2 types of working hours:
1 standard working hours, 2 special working hours.
1 Standard working hours.
8 hours a day, no more than 44 hours a week.
Workers should be guaranteed at least one day off per week. Overtime shall not exceed three hours per day and thirty-six hours per month. Standard working hours are up to a maximum of hours per month.
Overtime pay regulations:
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) 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.
2.Special working hours.
1- Irregular working hours, working hours are not regulated by the state. Provisions Adopt appropriate methods such as centralized work, centralized rest, alternate leave, and flexible working hours to ensure employees' right to rest and vacation, as well as the completion of production and work tasks.
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 44 hours.
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Legal analysis: hourly employees do not exceed 4 hours per day and 24 hours per week. Hourly employees are part-time employees.
Legal basis: Labor Contract Law of the People's Republic of China
Article 71 Either party to a part-time employer may terminate the employment at any time by notifying the other party. If the employment is terminated, the employer shall not pay economic compensation to the employee.
Article 72 The hourly remuneration standard for non-full-time employees shall not be lower than the minimum hourly wage standard prescribed by the people in the place where the employer is located.
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Legal analysis: hourly employees are not illegal if they do not sign the corresponding contract, and hourly employees do not exceed 4 hours per day and 24 hours per week. Hourly workers are part-time employees.
Legal basis: Labor Contract Law of the People's Republic of China
Article 68 "Part-time employment" refers to a form of employment in which the average daily working hours of workers in the same employer do not exceed four hours, and the cumulative working hours per week do not exceed 24 hours.
Article 69 The parties to a part-time employment may enter into an oral agreement. Workers engaged in part-time employment may conclude labor contracts with one or more employers; However, the employment contract concluded later shall not affect the performance of the employment contract concluded earlier.
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Is it illegal for a factory employee to work 12 hours a day?
It is illegal for factories to work 12 hours a day, and the State implements a system of working hours in which the daily working hours of a labor specialist shall not exceed eight hours, and the average weekly working hours shall not exceed 44 hours. 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.
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