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Labor. 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 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 40 An employer shall arrange leave for its employees during the following holidays in accordance with law:
a) New Year's Day; 2) Spring Festival;
3) International Labor Day;
4) National Day;
5) Other holidays and holidays as provided for by laws and regulations.
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 42: In any of the following circumstances, the extension of working hours is not subject to the restrictions of 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.
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.
Article 45 The State implements a paid annual leave system.
Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.
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Your unit can apply for a comprehensive working hour or irregular working hour system according to the business nature of the enterprise and different types of work, and the standard working hour system is not applied. Standard working hours, no more than six days a week, no more than 40 total working hours; Overtime work is generally not more than 1 hour per day, and the maximum is not more than 3 hours; No more than 36 hours per month. In the case of a comprehensive timekeeping system, the average calculation of whether the overtime is exceeded depends on whether the application is a quarterly, semi-annual or annual comprehensive timekeeping.
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You want to calculate overtime and overtime pay. The calculation is based on the following three legal provisions.
1, "Country. Business. Courtyard. Close. In. Duty. Work. Work. Make. Time. Space. Target. Rules. Article 3.
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.
If the overtime remuneration is not paid on time, the employer may be required to pay additional compensation in accordance with Article 3 of the Measures for Economic Compensation for Breach and Termination of Labor Contract.
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No more than 8 hours per day and 40 hours per week;
Overtime on normal working days is twice the wage, overtime on rest days is twice the wage, and overtime on holidays is 3 times the wage.
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No more than 8 hours per day and 40 hours per week;
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The provisions of the Labor Law on working hours are as follows: 1. In principle, the standard working hours in China are eight hours a day. The maximum working week shall not exceed forty-four hours.
2. If the working hours are calculated according to the starvation hour system, the employer shall also determine the labor remuneration according to the working hours of eight hours per day. 3. The employer shall also ensure that the employee will have one to two rest days per week.
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 workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours. Article 37 For laborers who work on a piece-rate basis, the employer shall reasonably determine his labor quota and the remuneration standard for piece-rate limb resistance in accordance with the working hours system provided for in Article 36 of this Law.
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The Labor Law stipulates that workers shall work no more than 8 hours per day and an average of 44 hours per week. Due to the need for the production and operation of the stool shop, 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 an enterprise cannot implement the standard working hours system due to its production characteristics, it may implement other working methods with the approval of the labor administration department.
[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 workers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours.
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; Where it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed 3 hours per day, but shall not exceed 36 hours per month under the condition of ensuring the health of the workers.
Hello, I am the HR manager of a company, I am familiar with labor relations, and I have been to labor inspection and labor arbitration many times. Judging from your description, your employer did not respect the rights of your employees well and violated your due rights and interests. You can defend your rights in accordance with the law. >>>More
You're not asking for help, you're looking at the lawyer's memorization skills.
According to 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. >>>More
This may be a trap between the intermediary and the unit, and the intermediary can be asked to return the money. You can also hit the local labor department**.
1 or 2 months, 3 months is not possible.
If the employer terminates the labor relationship with you (or dismisses you) in the following three situations, which situation should you pay severance or compensation but does not pay you, you can apply for free labor arbitration within 1 year to protect your legitimate rights and interests, you can contact me for detailed consultation: >>>More