Working 10 hours a day, 30 days a month, is a violation of labor law by piecework

Piecework refers to the working time based on the specified number of pieces or the amount of completed pieces. Your situation is not part of the piecework period.

Thirty days a month, 10 hours a day, does not comply with the provisions of the law, China's law stipulates that the employer shall provide the employee with at least one day of vacation a week, a month, at least three days of leave, excluding the statutory holidays.

If the employer does not make up the leave, it will also need to pay you no less than 200 percent of the remuneration.

Your company is in serious violation of labor laws, first.

1. Unreasonable working hours: Article 37 of the Labor Law stipulates that for workers who implement piecework, the worker unit shall reasonably arrange the labor quota and piecework standard in accordance with the working hours system stipulated in Article 36 of this Law; Article 36 stipulates that the working hours shall not exceed 8 hours per day and 44 hours per week.

Clause. 2. There is a wage for the suspension of production due to the company's reasons: according to the "Shenzhen Wage Payment Regulations", if the production is stopped due to the fault of the employee, the factory will pay 80% of the salary for normal working hours within one month, and not less than 80% of the minimum wage for more than one month (it should be noted here that 80% of the salary within a month includes the minimum wage, various subsidies, performance, etc.).

Clause. Third, the company's CEO, you can not listen, directly ask him to settle the salary when the production is suspended, if the social security does not buy hardware insurance, the one that did not buy can also be paid.

The law stipulates that workers should have 1 day off per week, and it is recommended to file a complaint with the local labor department.

The company violated the working hours of the relevant laws by arranging workers to work 13 hours a day. 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, and employers shall ensure that employees have at least one day off per week, which is the standard working time prescribed by law.

Legal analysis

The working hours of workers who are working on a piece-rate basis shall be calculated with reference to the eight-hour working hour system, and their labor quotas and piece-rate remuneration standards shall be reasonably determined. If an enterprise is unable to implement the eight-hour working day due to the characteristics of production, it may, with the approval of the labor administrative department, implement the remaining work and rest measures, but the remaining work and rest methods must ensure that the workers' right to rest is fully and effectively guaranteed. State organs and institutions implement uniform working hours, and Saturday and Sunday are weekly rest days; Enterprises and public institutions that cannot implement Saturday and Sunday as weekly rest days may flexibly arrange weekly rest days according to the actual situation.

Overtime, also known as extended working hours, refers to the fact that an employer requires an employee to work beyond the maximum number of working hours per day and the number of working days per week stipulated by laws and regulations. If it is really necessary to extend the working hours due to the production and operation needs of the employer, it must negotiate with the trade union and obtain the consent of the trade union. If the employer decides to arrange overtime for the employee, the working hours can be extended only after obtaining the consent of the labor union.

If the union does not agree, the worker cannot be forced to work overtime. If the employer decides to arrange overtime work for the employee, it shall negotiate with the employee, and the employee may only arrange overtime if the employee is voluntary. If the worker does not agree, he or she shall not be forced to work overtime.

The length of overtime work arranged by the employer must comply with the restrictive provisions of the relevant laws and regulations, and the employer shall strictly control the limit of extended working hours when arranging overtime work for employees.

Legal basis

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, 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.

Yes, the labor law stipulates an eight-hour working day.

If the prescribed working hours are exceeded, it is a violation of labor laws.

Therefore, it is clearly illegal to work thirteen hours a day.

Definitely illegal. The Labor Law clearly stipulates that employees shall work no more than eight hours per day and no more than 48 hours per week. You can report it to your local labor management department.

It is expressly stated in the Labor Code. Workers work eight hours a day. The current boss asks for 13 hours a day. A direct violation of labor laws. It can be resolved through mutual consultation. It can't be solved. Photographable. Arbitration by the labor department.

Yes, if you don't get a corresponding return, go to the labor department and report it.

There is a time limit for workers to go to work, and the principle of workers is to work 8 hours a day, and the state implements a working hour system in which workers work no more than 8 hours a day and an average of 44 hours a week, working 13 hours a day, and working more than 44 hours a week on rent, so it is a violation of the labor law. The following is for readers to answer the relevant knowledge.

1. Whether working 13 hours a day violates the labor law

1. According to the provisions of the relevant laws of our country, the state implements a working hour system in which the daily working hours of workers do not exceed eight hours and the average weekly working hours do not exceed 44 hours, and the working hours of 13 hours a day exceed 44 hours a week, so it is a violation of the labor law.

2. Legal provisions: 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 37 For laborers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system stipulated in Article 36 of this Law.

Article 38 An employer shall ensure that a worker has at least one day off per week.

2. What are the conditions for extending working hours?

Extended working hours, also known as overtime, refers to the employer's requirement that the employee work beyond the maximum limit of daily working hours and weekly working days stipulated by laws and regulations after a period of time. Under normal circumstances, the extension of working hours is subject to the following three conditions in accordance with the provisions of the Labor Law:

1) Due to the needs of production and operation. The needs of production and operation mainly refer to the urgent production tasks, if not completed on time, it will affect the economic benefits of the employer and the income of employees, in this case, the working hours of employees can be extended;

2) It must be negotiated with the trade union. If the employer decides to extend the working hours, it shall explain to the labor union the reasons, number of employees, and length of working hours, and obtain the consent of the labor union before extending the working hours of the employees.

3) Consultation must be made with the worker. If the employer decides to extend the working hours, it should further negotiate with the employee, because the extended working hours will take up the employee's rest time, so the extension of the working hours can only be done if the employee wishes to do so.

In addition to the above conditions, the length of extended working hours must also comply with the provisions of the Labour Code. That is, generally not more than 1 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.

The above knowledge is my answer to the relevant legal questions, the state implements a working hour system in which the daily working hours of workers do not exceed eight hours, and the average weekly working hours do not exceed 44 hours, and the working hours of 13 hours a day exceed 44 hours a week, so it is a violation of the labor law.

1. According to the provisions of the Labor Law and the Notice of the Ministry of Labor and Social Security of the People's Republic of China on the Conversion of Employees' Average Monthly Working Hours and Wages throughout the Year, the statutory public holidays are 104 days a year, and the statutory holidays are 11 days, and the working hours and overtime wages are calculated according to the following prescribed methods:

a.Calculation of working hours of the system:

Annual working days: 365 days - 104 days (rest days) - 11 days (statutory holidays) 250 days.

Quarterly working days: 250 days 4 quarterly days quarterly.

Monthly working days: 250 days in December.

b.Conversion of daily and hourly wages:

Calculation of working hours: multiply the number of working days by the 8 hours per day in a monthly, quarterly or annual period.

Daily wage: monthly salary income Number of days of monthly salary.

Hourly wage: monthly salary income (8 hours of paid days per month).

Monthly payroll days (365 days-104 days) 12 days.

c.Calculation of overtime pay:

Overtime pay for extended working hours per day: (8 hours of actual working hours) 150% of hourly wage

Overtime pay on statutory public holidays: 200% of the daily wage

Overtime pay on statutory holidays: 300% of daily wage

Based on this, you should be able to calculate the overtime pay you are entitled to and claim compensation from the employer.

2. The practice of the unit is illegal, if you still want to continue to work, you can complain to the local labor law enforcement inspection brigade, they will supervise and inspect in accordance with the "Labor Security Supervision Regulations", and order correction; If you don't want to do it here, you can directly apply for labor arbitration at the labor administrative department to protect your legitimate rights and interests.

Work eight hours per day, no more than one hour of overtime per day, and no more than 44 hours per week. Meal times are not counted separately. Overtime pay for work done on weekends and statutory holidays is 300 percent.

The portion of the regular work of more than eight hours will be settled at double wages. In addition, if you think that the work intensity is too high, you can complain or report it to the labor inspection team. Remember, even if the overtime work exceeds 44 hours per week, the labour inspectorate has the right to intervene.

According to the provisions of the labor law, the employer must pay overtime pay, otherwise, you must report to the labor bureau to solve it and apply for compensation.

Violate. Labor.

Article 36 The State implements a system of working hours in which the daily working hours of laborers 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 are subject to piece-rate work in accordance with the working hours system provided for in Article 36 of this Law.

Article 38 An employer shall ensure that a worker has at least one day off per week.

Article 39 Where a Huiwen enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may implement other work and rest measures with the approval of the labor administrative department.

Article 40 An employer shall arrange leave for its employees during the following holidays in accordance with law:

The 2030 Labor Law guarantees a minimum of eight hours.