If I continue to work for more than 12 hours, how can I be compensated if I want to terminate the la

If the employer forces the employee to work overtime, the employee may immediately terminate the labor contract in accordance with Article 38 of the Labor Contract Law and require the employer to pay severance (one month's salary for each year of service). If there is a labor dispute, the employee may file a complaint with the labor inspection department at the place where the employer is located, or apply to the labor dispute arbitration commission at the place where the employer is located.

Article 41 of the Labor Law The employer may, after consultation with the labor union and the workers, extend the working hours due to the needs of production and operation, 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 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.

Labor Contract Law

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

If the labor contract is violated, the employee may apply for labor arbitration to settle the claim.

If an employer forces an employee to work overtime and threatens to terminate the employment relationship if the employee does not work overtime, the employer's behavior is illegal. 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. If the employer terminates the labor contract between the two parties on the grounds that the employee refuses to work overtime, it is an illegal termination by the employer.

The employee may apply for labor arbitration to claim compensation. The standard of compensation is two months' wages for each year of service, and one month's salary for less than half a year. If an employer arranges an employee to work overtime, it shall pay the employee overtime pay.

The formula for calculating overtime pay is as follows: the calculation method of overtime pay on weekdays: monthly wages and overtime hours times; How to calculate overtime pay on weekends and weekends:

Monthly wage: 2 times the number of overtime hours; The calculation method of overtime pay for statutory holidays and holidays is 3 times the number of overtime hours in imitation of monthly wages. Evidence to prove overtime includes:

Attendance sheets, attendance cards, overtime approval forms, overtime notices, surveillance videos, witness testimony, written records of the work done while working overtime, e-mails, etc. Article 44 of the Labor Law stipulates that 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 the employee a wage remuneration of not less than 150% 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.

Legal analysis: The employer cannot terminate the labor contract if it works more than 8 hours a day, and it is normal for the employer to work overtime, as long as the overtime pay is paid.

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 laborers shall not exceed eight hours and the average working hours shall not exceed forty-four hours.