Is it a violation of labor law to work 12 hours at night and not be allowed to sleep and rest 20

Except in Articles 42 and 41 of the Labor Law of the People's Republic of China, working hours of 12 hours are a violation of the Labor Law.

According to the provisions of the 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 41: Due to the needs of production and operation, the 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 42: In any of the following circumstances, the extension of working hours shall not be 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 an employee in violation of the provisions of this Law.

Illegal, of course. Article 41 of the Labor Law stipulates that 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.

According to Article 41 of the Labor Law, the employer shall negotiate with the employee to extend working hours (i.e., overtime). Since it is a negotiation, of course, there should be a consensus on overtime hours and overtime pay, otherwise it is forced labor.

There are only four situations in which overtime work may not be refused: in the event of a natural disaster, accident or other reason, the safety and health of the people and the country's assets are seriously threatened and need to be dealt with urgently; Failure of production equipment, transportation lines, and public facilities, affecting production and public interests, must be repaired in a timely manner; It is necessary to use the suspension period of statutory holidays or public holidays to overhaul and maintain the equipment; In order to complete the emergency tasks of national defense, or to complete other emergency production tasks arranged by the superior in the state plan, as well as the urgent tasks of commercial and supply and marketing enterprises to complete the purchase, transportation, and processing of agricultural and sideline products in the peak season.

In addition to these 4 situations, the employer requires employees to work overtime, and it must be negotiated with the employees. If the employer uses improper means to require employees to work overtime, the employees may refuse. Although the employee may not refuse to work overtime in the above four cases, the employer should still pay overtime wages, which must be paid in accordance with the standards stipulated in Article 44 of the Labor Law.

If labor remuneration or overtime wages are in arrears or deducted, it may be resolved in accordance with Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

The calculation of overtime remuneration shall be carried out in accordance with the following provisions:

1, "Country. Business. Article 3 of the Provisions of the Hospital on the Working Hours of Employees.

2. Article 44 of the Labor Law of the People's Republic of China.

3. Notice on the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year.

This is not necessarily.

For example, if you have a contract for a security position, using comprehensive working hours or irregular working hours, and the company arranges you to work night shifts, your job duty is to conduct safety inspections during working hours, and you can't sleep during working hours. This is not illegal. Otherwise, the unit's practice is illegal.

The labor law is also biased towards enterprises, and there will be no relevant departments to investigate the cause of the sudden death of a wage earner! Many companies require that they can't sleep on the night shift, and they will deduct money if they are caught! Part-time workers have to be stiff and boil!

It's okay to live outside! The dormitory is that you can't sleep at night, and you can't sleep well during the day! Work with your life!

It's all fooling, the factory is not 12 hours.

is against the law. But you don't do it, go up to the ** to make money?

Summary. Hello dear, it is a pleasure to serve you <>

Is it a violation of labor laws to work 12 hours at night and not be allowed to sleep and rest? It is not illegal, as long as the company pays your salary in full in accordance with the labor law, it is not illegal, and you can also report to the company and ask to work day shifts, after all, working night shifts for a long time is not good for your health;

Is it a violation of labor laws to work 12 hours at night and not be allowed to sleep and rest?

Hello dear, it is a pleasure to serve you <>

Is it a violation of labor law to work 12 hours at night and not be allowed to sleep and rest? It's not illegal, as long as you laugh and let the company pay your salary in full in accordance with the labor law, it is not illegal, and you can also report to the company and ask to work day shifts, after all, working night shifts for a long time is not good for your health;

Dear, you can also refer to: Article 43 of the Labor Law of the People's Republic of China stipulates that an employer shall not violate this law to limit the working hours of a long-term employee. Article 44 In any of the following circumstances, the employer shall pay the employee a salary remuneration higher than the employee's salary for normal working hours in accordance with the following criteria:

1) The head of the slag who arranges for the worker to work longer hours shall be paid a salary remuneration of not less than 150 percent of the total salary; (2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory break, a salary remuneration of not less than 200 percent of his salary shall be paid.

Summary. Dear, I am glad to answer for you that the 12-hour night shift is not allowed to sleep, except that the employer can extend the working hours after consultation with the labor union and the worker 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. In any of the following circumstances, the extension of working hours is not subject to the above restrictions:

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.

Dear, I am glad to answer for you that the 12-hour night shift is not allowed to sleep, in addition to the employer's stare cover, due to the needs of production and operation, after consultation with the labor union and the worker, the working hours can be extended, generally not more than 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. In any of the following circumstances, the extension of working hours is not subject to the above restrictions: (1) The occurrence of 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 provided for by laws and administrative regulations.

According to Article 36 of the Labor Law of the People's Republic of China, the State implements a system of sliding 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.

Legal Analysis: Not Legal. Except for the employer, due to the needs of production and operation, the working hours may be extended 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.

In any of the following circumstances, the extension of working hours is not subject to the above restrictions: (1) Natural disasters, accidents, 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; 3) Other circumstances provided for by laws and administrative regulations.

Legal basis: Article 36 of the Labor Law of the People's Republic of China The State implements a working hour system 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.

Legal Analysis: Night shifts do not violate labor laws. The worker has the obedience to the arrangement of the Yiyuan quarrel with the office, except for the field but the labor contract stipulates that the night shift is not allowed.

According to the relevant regulations, due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the employee, 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 basis: 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 due to hailstorms, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month under the condition of ensuring the health of the workers.