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The employer shall obtain the consent of the employee when arranging overtime, and the employee has the right to refuse.
According to Articles 41 and 42 of the Labor Law, excluding the circumstances specified in Article 42, the employer shall negotiate with the labor union and the employee and obtain the consent of the employee when arranging overtime, and the overtime hours shall not exceed 3 hours per day and 36 hours per month. Employees have the right to refuse to work overtime by informing the supervisor or the manager who arranged the overtime.
According to Article 44 of the Labor Law, an employer shall pay wages and remuneration to employees in accordance with the following standards when arranging overtime work:
Overtime on working days: hourly overtime wage standard = monthly wage standard stipulated in the labor contract (monthly salary days and hours) 150%;
Overtime on rest days: daily overtime wage standard = monthly wage standard stipulated in the labor contract: ; the number of days of monthly payroll;
Statutory holidays; Daily overtime wage standard = monthly wage standard stipulated in the labor contract:; the number of days of monthly payroll;
If the employer illegally extends the working hours, the worker may file a complaint with the labor inspectorate, and the labor inspector will give a warning and order corrections, and the injured worker shall be fined not less than 100 yuan but not more than 500 yuan per person.
Labor Law of the People's Republic of China
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 3 hours per day but shall not exceed 36 hours per month under the condition of ensuring the health of the worker.
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 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 wages 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.
***。Regulations on the Supervision of Labor and Social Security
Article 25 Where an employer extends the working hours of a worker in violation of labor security laws, regulations or rules, the labor and social security administrative department shall give a warning, order it to make corrections within a specified period of time, and may impose a fine in accordance with the standard of not less than 100 yuan but not more than 500 yuan per person who has been infringed upon.
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