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Labor Code.
Working hours and rest leave.
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 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: (1) New Year's Day; (2) Spring Festival; (3) International Labor Day; (4) National Day; (5) Other holidays and holidays 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 provided for in Article 41 of this Law: (1) Natural disasters, accidents, or other reasons occur that threaten the life, health, or property safety of laborers, and need to be dealt with urgently; (2) Production equipment, transportation lines, or public facilities fail, affecting production and the public interest, 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 Under 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) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where 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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No, I've worked 15 days in a row, as long as I have overtime pay.
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Legal Analysis: 10 consecutive days of work violates or falsely photographs the Labor Law, which stipulates that the state implements a working hour system in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed 40 hours. The number of annual leave days is determined based on the employee's cumulative working hours.
The period during which an employee works in the same or different employers, as well as the period during which an employee is deemed to have worked in accordance with laws, administrative regulations or regulations, shall be counted as cumulative working hours.
Legal basis: Article 38 of the Labor Law of the People's Republic of China The employer shall ensure that the employee has at least one day off per week.
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Legal Analysis: Working 10 days in a row violates labor laws. The law stipulates that the working hours of a worker shall not exceed eight hours per day or between regular hours and an average of forty-four hours per week.
Regardless of whether the working hours are two shifts or three shifts, as long as the working hours do not violate the working hours stipulated in the Labor Law of the People's Republic of China, the workers can work in shifts in accordance with the working time system stipulated by the employer, but the employees must be guaranteed to have no less than one day of rest per week.
Legal basis: Article 36 of the Labor Law of the People's Republic of China The State implements a working hour system in which the daily working hours of penchant 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 workers 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.
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If it is illegal to work for more than 6 consecutive days, but the production characteristics of the enterprise are not suitable for the working hours system where the daily working hours do not exceed 8 hours and the average weekly working hours do not exceed 44 hours, other work and rest measures may be implemented with the approval of the labor administrative department.
[Legal Basis for Penetration].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 44 hours.
Article 38.
The employer shall ensure that the employee has at least one day off per week.
Article 39.
If an 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 methods with the approval of the labor administrative department.
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If you are required to work 13 hours a day, then it is definitely illegal, which is seriously beyond the reasonable scope of overtime.
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Hello, the key depends on whether the employer's requirements meet the provisions of the labor law, and if so, the compliance is only to pay a certain amount of overtime pay.
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In fact, the number of hours of work needs to be agreed between the employer and the worker. Therefore, even if you are allowed to work 13 hours, but you are given some overtime subsidies and corresponding funds, this is not illegal.
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It's unreasonable, but it's negotiable, for example, if you have an emergency, you have to work overtime for a while, so it's okay for a short time, but the company will also pay you accordingly.
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This contract law has provisions, for example, the working hours of Huaibi should be eight hours a day, then a week is a five-day shift, and a month should be a little more than 23 days, so you are three hours, this must be illegal, then the five hours should be arbitrarily overtime.
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First of all, you have to understand the contract law, the contract law stipulates that the working time of Chunruji every day shall not exceed eight hours, and no more than 44 hours a week, then your 13 hours must be more than eight hours of oak acacia, and the quality of work, so it is said.
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If there is no payment, you can negotiate with the company, but if you can't negotiate, you can arbitrate labor in advance. 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 four or ten hours. If an employer extends the working hours of an employee by more than three hours per day or by more than 36 hours per month, it shall be given a warning, ordered to make corrections, and may be fined not more than RMB 100 for each employee for each hour of working hours.
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 laborers shall not exceed eight hours and the average weekly working hours shall not exceed 44 hours.
Article 37 The employer shall reasonably determine the labor quota and piecework remuneration standards for laborers who work on a piece-rate basis in accordance with the working hours system in Article 36 of this Law.
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 90 Where an employer violates the provisions of this Law by extending the working hours of a worker, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine with a fine.
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