Is it legal to work overtime on Saturday and Sunday to take a day off on weekdays?

Updated on society 2024-04-27
9 answers
  1. Anonymous users2024-02-08

    Illegal. According to Article 31 of the Labor Contract Law, "Employers shall strictly enforce labor quota standards and shall not force or covertly compel employees to work overtime." If an employer arranges overtime, it shall pay overtime pay to the employee in accordance with the relevant provisions of the state. ”

    According to Article 44 of the Labor Law, "under any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the employee for normal working hours according to 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;

    b).Rest daysIf a worker is assigned to work but cannot be arranged for compensatory leave, he shall be paid a wage remuneration of not less than 200% of the wage;

    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. ”

    According to your description, weekends are rest days, and the company arranges two days of overtime, only one day off, and should pay twice the salary for the other day.

  2. Anonymous users2024-02-07

    According to the provisions of the national labor law, the worker shall work eight hours a day, and work overtime on Sundays and six days, and the employer shall take two days off according to the schedule, and if the rest cannot be compensated, the employer shall pay the worker (except for the salary) 200% of the remuneration. It is definitely illegal for the unit to give you a day off. If you take one day off on weekdays, the employer should also owe you one day off, or compensate you for one day of overtime pay at 200%.

    You can negotiate with your employer or file a complaint with the labor inspectorate. Thank you! FYI!

  3. Anonymous users2024-02-06

    In theory, it must be illegal, in reality, it is illegal if you don't want to do it, and if you want to do it, it is not illegal, and it is a smart person to judge one thing and do one thing according to your specific situation.

  4. Anonymous users2024-02-05

    I don't think it's legal, it's supposed to be double pay for six days, plus six days of overtime, it's definitely more than one day.

  5. Anonymous users2024-02-04

    Depending on the urgency of the work, it is not illegal to take a break from work on weekdays.

  6. Anonymous users2024-02-03

    Generally, they are compensated for overtime.

  7. Anonymous users2024-02-02

    Legal analysis: 1) It is illegal for the company to force employees to work overtime on weekends, and the labor law stipulates that employees shall not be forced to work overtime. (2) Except for the four statutory circumstances, the employer may not compel employees to work overtime; The above statutory circumstances refer to the following four situations:

    1) In the event of natural disasters, accidents or other reasons, the safety and health of the people and the suppression of national assets are seriously threatened, and they 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 time; (3) Equipment overhaul and maintenance must be carried out during the shutdown period on statutory holidays or public holidays; (4) In order to complete the emergency task of national defense, or to complete other emergency production tasks arranged by the superior in the state plan, as well as the urgent task of purchasing, transporting and processing agricultural and sideline products in the peak season of commercial, supply and marketing enterprises.

    Legal basis: Labor Law of the People's Republic of China 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; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed 3 hours per day under the condition of ensuring the health of the workers, but shall not exceed 36 hours per month. Accordingly, the company needs to negotiate with the employee to arrange overtime, and if the employee is unwilling to work overtime, the company has no right to force the employee to work overtime, that is to say, negotiation is a procedural provision for the enterprise to decide to extend the working hours, and the employee has the right to refuse if the enterprise violates laws and regulations to force the employee to extend the working hours.

  8. Anonymous users2024-02-01

    (1) It is illegal for the company to force employees to work overtime on weekends, and the labor law stipulates that employees shall not be forced to work overtime. (2) Except for the four statutory circumstances, the employer may not compel employees to work overtime; The above-mentioned statutory circumstances refer to the following four situations: (1) the occurrence of natural disasters, accidents or other reasons, which seriously threaten the safety and health of the people and national assets, 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 time; (3) Equipment overhaul and maintenance must be carried out during the shutdown period on statutory holidays or public holidays; (4) In order to complete the emergency task of national defense, or to complete other emergency production tasks arranged by the superior in the state plan, as well as the urgent task of purchasing, transporting and processing agricultural and sideline products in the peak season of commercial, supply and marketing enterprises.

    Legal basis: Labor Law of the People's Republic of China 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; 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. Accordingly, the company needs to negotiate with the employee to arrange overtime, and if the employee is unwilling to work overtime, the company has no right to force the employee to work overtime, that is to say, negotiation is a procedural provision for the enterprise to decide to extend the working hours, and the employee has the right to refuse if the enterprise violates laws and regulations to force the employee to extend the working hours.

  9. Anonymous users2024-01-31

    The State implements a system of working hours in which the daily working hours of workers do not exceed eight hours in the cavity and the average weekly working hours do not exceed 44 hours with a companion. On Saturdays, the employer can arrange overtime, but the working hours cannot exceed 44 hours per week, otherwise overtime pay will be paid.

    The legal basis is stupid].

    Article 36 of the Labor Law stipulates that 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.

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