Is it legal for the factory to take personal leave and deduct two days off and work overtime?

It is not illegal for an employee to establish a labor relationship with the employer, and the employee takes personal leave, and the employer deducts the corresponding amount of overtime wages in accordance with the law.

Under normal circumstances, if an employee takes personal leave, if the employee has overtime work in the current month, the personal leave time can be deducted in the form of compensatory leave, which is to put it bluntly, the overtime salary of the corresponding time can be deducted.

For details, please refer to the Labor Law, if the employer arranges the employee to work overtime, it needs to pay the corresponding overtime pay, and can also arrange the employee to rest.

According to Article 15 of the Interim Provisions on Payment of Wages, an employer shall not deduct the wages of an employee. Under any of the following circumstances, the employer may withhold the employee's wages:

1) Individual income tax withheld and paid by the employer;

2) All social insurance premiums withheld and paid by the employer that should be borne by the employee;

3) Child support or alimony required to be withheld in court judgments or rulings;

4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.

Article 18 The labor administrative departments at all levels shall have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages for extended working hours;

3) Paying wages to workers at a rate lower than the local minimum wage.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Legal analysis: The system of deducting wages for leave is reasonable, but the deduction of wages needs to comply with relevant regulations: if an employee asks for leave, the employer cannot deduct double the salary, and if the employer deducts his wages, the employee can file a complaint with the local labor inspection department or apply for labor arbitration.

If wages are not paid in time, there are two ways to request payment of wages: 1. The worker can file a complaint with the local labor bureau for labor inspection; Pros: Simple way.

Disadvantages: Enforcement may not be very strong in various places; 2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also demand double the wages of the unsigned employment contract.

If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments. Pros: In addition to wages, financial compensation, double wages, etc., can also be claimed, and can generally be finally resolved.

Legal basis: Labor Law of the People's Republic of China

Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 91 Where a worker's wages are deducted, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation.

Legal analysis: If the company is illegal to use overtime to deduct the work hours of leave, and the employee cannot be arranged to work on the rest day without arranging compensatory leave, the employer shall pay the wage remuneration not less than 200% of the salary, and the employer shall pay the wage remuneration higher than the employee's normal working hours wage in accordance with this standard. The labor law stipulates that employees can arrange compensatory leave if they work overtime on weekdays, and if the company arranges for you to take compensatory leave, and you can pay your wages during the compensatory leave period normally.

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 37 For workers 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 The employer shall ensure that the worker has at least one day off per week.

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 under the condition of ensuring the health of the workers, but shall not exceed thirty-six hours per month.

It is illegal to deduct overtime pay for leave. Overtime pay is independent, and the employer shall pay overtime pay in accordance with the law if the employee continues to produce labor or work beyond the prescribed working hours according to the needs of the employer's production and work. Article 44 of the Labor Law stipulates that in any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage 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) 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 44 of the Labor Law of the People's Republic of China In any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) Where the workers are arranged to work longer hours, they shall be paid wages and remunerations not less than 150% 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.

The system of deducting wages for leave is reasonable, but the deduction of wages needs to comply with relevant regulations: if an employee asks for leave, the employer cannot deduct double the salary and regret failure, and if the employer deducts his salary, the employee can file a complaint with the local labor inspection department or apply for labor arbitration.

Summary. Absenteeism is not considered absenteeism if you do not ask for leave on a day off. 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 to obtain the consent of the employee, and the employee has the right to refuse to work overtime, and the employee shall notify the supervisor or the manager who arranges the overtime.

If Sunday is a rest day, the employer arranges overtime, and the employee can inform the supervisor or the arranged management personnel if he does not work overtime, and does not need to ask for leave. If you do not ask for leave, you can file a complaint with the labor inspectorate or apply for labor dispute arbitration to protect your rights. Article 41 of the Labor Law The employer may, after consultation with the labor union and the workers, extend the working hours due to the needs of production and operation, 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.

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.

If the factory arranges overtime and the employee does not ask for leave, can the factory punish the employee?

Hello, that's right.

Absenteeism is not considered absenteeism if you do not ask for leave on a day off. 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 to obtain the consent of the employee, and the employee has the right to refuse to work overtime, and the employee shall notify the supervisor or the manager who arranges the overtime. If Sunday is a rest day, the employer arranges overtime, and the employee can inform the supervisor or the arranged management personnel if he does not work overtime, and does not need to ask for leave.

If you do not ask for leave, you can file a complaint with the labor inspectorate, or you can apply for labor dispute arbitration to protect your rights. Article 41 of the Labor Law The employer may, after consultation with the labor union and the workers, extend the working hours due to the needs of production and operation, 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 of the imitation stove 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. 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) Where natural disasters, accidents, or other reasons 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.

Hello! It is illegal to force employees to work overtime on statutory holidays. Employers should strictly implement China's relevant regulations on digital auspiciousness.

If the worker agrees to work overtime, the worker should be paid more than 300% of the ordinary salary when working on holidays. Hope it helps!

As long as overtime pay is paid according to the regulations, it is not illegal.