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Illegal, Chapter IV of the Labor Code regulates working hours, rest and leave.
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 44 hours.
Article 37.
For workers who work on a piece-rate basis, the employer shall reasonably determine the standard of remuneration for labor and piece-rate 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 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, 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.
The above situation is a clear violation of the provisions of the labor law.
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If you do not agree to resign, the company will force you to resign, and you need to bear economic compensation. If you leave your job yourself, it is possible for the company to give you compensatory leave, and the labor law stipulates that within six months after the overtime, the employee can be transferred without paying overtime pay on Saturdays and Sundays
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The overtime pay does not meet the legal standards, and the overtime hours do not comply with the law.
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Compensatory leave can be compensated, but it cannot be one to one, it should be 1 to 2
Non-attendance is deducted from the day's wages, and the weekday wage and weekend wages are 1:2, so it should be deducted from 1 to 2 days.
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Hello, according to the law, if the employer arranges the employee to work, the working hours shall not exceed eight hours per day and no more than forty hours per week, and the employee shall be guaranteed one day off per week. It is not mandatory by law for workers to have a rest day on Saturdays and Sundays.
If the employee is arranged to work overtime on the weekend, the employer may make up for it by compensating for the holiday. From this point of view, the unit's practice is not illegal.
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On the issue of whether the company's compensatory leave is legal, according to the Labor Law of the People's Republic of China, the company can arrange employees to work on rest days according to the needs of work, and arrange compensatory leave.
If a worker is assigned to work on a rest day and cannot be compensated for the rest, he or she shall be paid a wage remuneration of not less than 200 percent of the wage.
Here are the legal requirements.
Labor Law of the People's Republic of China
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.
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Let me say it briefly.
1. If you work overtime on statutory holidays, you can't take time off, and you can only settle overtime pay, no matter what kind of working hours system.
2. Implement the standard working hours system, a: overtime on weekends can be compensated with working days of equal time, but generally within 6 months. (If the compensatory leave fails, overtime pay will be calculated and paid at twice the minimum wage).
B: Weekday overtime, which refers to staying to work after 8 hours of work, this cannot be compensated, and overtime pay can only be calculated (calculated and paid according to the minimum multiple).
3. The implementation of the comprehensive working hours system, whether it is overtime on weekends or working days, can be adjusted in the cycle, only the last total working time, if the total time exceeded, to calculate overtime pay, unified shall not be less than the standard of times.
4. If the irregular working hours system is implemented, the labor results are not calculated by "time", there is no problem of "compensatory leave", and overtime is not counted, and overtime pay is not calculated except for statutory holidays.
The above-mentioned comprehensive working hours system and irregular working hours system shall be subject to the approval of the labor department.
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In the absence of specific provisions, where the state compensates for leave, it shall be implemented in accordance with it.
If a worker is assigned to work on a rest day and cannot be arranged for a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of his wages.
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Compensatory leave means going to work on Saturday or Sunday and arranging a day off from Monday to Friday.
1.Week. 6. Those who work on Sundays can be arranged for leave, and overtime wages will not be paid after the leave. If it is not possible to arrange compensatory leave, overtime pay will be paid at twice the usual wage. 2. Statutory holidays cannot be arranged, and overtime wages shall be paid at 3 times of the usual amount.
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If you meet the compensatory leave situation, the company has the right to arrange you to rest on which day, if the company does not arrange you to take a holiday, you should be given double overtime pay.
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Compensatory leave? Statutory holidays cannot be adjusted, and points will be given.
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The labor law does not provide for it.
However, if the company applies for the comprehensive working hours system, it can take time off at will, which is determined according to the company's situation. The employee's consent is not required.
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Hello, of course, the company cannot arbitrarily arrange the working hours of employees.
However, due to work needs, the company can arrange appropriate overtime and compensatory leave for employees.
However, overtime hours generally do not exceed 40 hours per month, and if you work on a weekly rest day without compensatory leave, you need to pay double wages.
Public holidays, i.e., weekly rest days, can be compensated 1:1.
Overtime on legal leave cannot be compensated, and can only be paid according to 3 times the salary.
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If the company applies for a comprehensive calculation of working hours for your position, and it is approved and filed with the labor department, you can adjust the working hours and rest time.
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Of course, you can, as long as the working hours are in accordance with national regulations.
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Hello, overtime on weekends can be compensated. It is not allowed to work overtime on a regular basis.
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Some expressions are incomprehensible, but it should be noted that if the employee works overtime on Saturdays and Sundays, the employer arranges a backward day off and can be regarded as normal attendance. The employer is not required to pay overtime pay, but it should pay wages in accordance with the labor contract.
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The company's claims should be illegal.
The so-called compensatory leave should be a rest day that is adjusted because the company arranges work and does not take a break.
An adjustment has been made so that overtime is not paid, but regular wages for this part of the period are payable.
You can give you HR also an example, last month you scheduled me to work overtime for 9 days (rest days), you should pay me 200 overtime pay for these 9 days, because you gave me a leave off, so you only need to pay me 100% of my salary, and you don't need to pay the other 100%.
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Compensatory leave is in accordance with the "Labor Law", and if you cannot enjoy the three days off due to resignation, you should be paid overtime pay.
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Paragraph 2 of Article 44 of the Labor Law of the People's Republic of China: Where an employee is assigned to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200% of the wage;
Therefore, if you work overtime on rest days, the first consideration is to compensate for the leave, and if you can't take the off, you have to pay overtime pay
If you resign in June, you will be paid an additional overtime wage of not less than 200% of your daily or hourly wage on the day on which you are due to take the day off.
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According to Article 14 of the Labor Law, if an employer arranges an employee to work overtime on a rest day, it may compensate for the rest or pay overtime wages. Therefore, after the employer arranges for the employee to take a compensatory leave, the employee is not entitled to claim overtime pay.
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1. Compensatory leave.
Statutory holidays are not available.
Employees who work overtime on rest days with the approval of the department head can enjoy compensatory leave due to overtime.
When employees enjoy compensatory leave, they should fully consider the work arrangement of their own department, submit an application to their supervisor one week in advance, arrange the handover work, and obtain the approval and signature of the department head before they can enjoy it.
When an employee is entitled to compensatory leave, the overtime application form approved by the general manager should be attached to the compensatory leave application form. When going through the procedures for compensatory leave at the Department of Personnel and General Affairs, the application form for compensatory leave approved by the head of the department must be presented, otherwise the compensatory leave will not be granted.
During the compensatory leave period, there is only salary and no benefits. The salary standard is the employee's daily standard wage. The calculation method of daily standard wage is: daily standard wage = monthly basic salary 21 (the calculation method is the same below).
Compensatory leave can be accumulated, and there is no legal requirement to take it within a certain period of time (if it is still not taken at the time of resignation, overtime pay can be claimed). The number of days off shall not be greater than the number of overtime days, and in principle, shall not exceed 3 days. More than 3 days will be treated as personal leave.
When the middle-level and above management personnel take leave, they should fully make work arrangements, and the responsibility will be assigned to the person, and the parties will be held accountable for the problems that arise due to improper work arrangements. At the same time, the head of the department is jointly and severally liable.
2. Annual paid leave.
According to Article 55 of Chapter 4 of the Company's Employee Code of Conduct, "Employees who have worked for the Company for one year continuously and whose attendance rate on weekdays is 98% or more will be granted three days of paid leave from the second year onwards." Thereafter, the number of paid leave days shall be increased by one day for each additional year of service, but shall not exceed a maximum of 10 days. The company will grant annual paid leave to eligible employees.
When employees enjoy annual paid leave, they must consider the needs of customers in their department and the work arrangements of their department, submit an application to their supervisor one week in advance, and obtain the approval of their supervisor before they can enjoy it. At the same time, however, "in order to ensure that work is not affected, the company has the right to adjust the use of the annual paid leave requested by the employee before and after or to make several segments of the number of leave days requested by the employee."
Annual paid leave can only be used in the following year, and personal leave and sick leave in the same year will be replaced with annual paid leave. Unused annual paid leave may not be accrued across years.
When employees enjoy annual paid leave, it can be extended when they encounter national holidays.
For those who should be off in the current year, the company will pay the employee in the form of wages, and the standard is calculated at twice the standard daily wage. The calculation method of daily standard wage is: daily standard wage = monthly basic salary 21.
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The compensatory leave itself is carried out in accordance with the Labor Law.
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It's definitely not legal.
There are two kinds of overtime: the extended working hours are called overtime every day, and the overtime is called overtime when working on Saturdays and Sundays. If it is a standard working hour system, it cannot be changed to compensatory leave, and overtime pay must be paid.
But there are a few companies that are completely legal these days, so if you still want to do well in this company, don't worry about it so much, just give yourself a workout.
However, relevant evidence should be collected, such as punch-in records, overtime application forms, compensatory leave records, etc. Use it when you want to leave one day or when they fire you. If you're in a small place, labor laws may not be strictly enforced.
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It is not legal, and overtime pay must be paid.
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If it is not lawful, you have the right to refuse or demand overtime pay.
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Overtime work on Saturdays and Sundays can be compensated without overtime pay, except for statutory holidays.
Although the company's actions are unreasonable, it is difficult to say that he is illegal.
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1. It can be used to compensate for leave, but it cannot limit when it must be used up;
2. You need to keep evidence that can prove overtime hours, timecards, attendance records, etc., because you need to prove overtime hours to claim overtime wages.