What should I do if I don t pay overtime? 100

Workers are always a vulnerable group relative to enterprises, and this situation exists in most enterprises. In fact, it is useless to check, the company can adjust the salary structure of employees, adjust your basic salary to only be higher than the minimum wage standard, and then the other part can be said to be overtime pay.

Of course, if it is really true, this is indeed illegal, you can first collect evidence, including: regulations on working hours; Clock-in and clock-in records; Records of holiday notices; certifications and much more. To the arbitration committee can basically win.

This kind of company will leave you directly, and it will exhaust you to death.

If you don't give overtime to the company, will you be given time off?

Legal analysis: If the employer does not pay overtime pay, it can file a complaint with the labor administrative department or apply to the labor and personnel dispute arbitration commission for labor arbitration.

Legal basis: According to Article 85 of the Labor Contract Law of the People's Republic of China, if the employer falls under any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; (1) If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; (2) If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of between 50% and 100% of the amount payable; (3) Arrange overtime work and do not pay overtime pay.

According to Article 85 of the Labor Contract Law, if an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Legal Analysis: 1. Negotiation. Generally speaking, if the employer is unwilling to pay, the negotiation cannot achieve results.

2. Mediation. The departments with the right to mediate include the labor dispute arbitration commission of the unit, the people's mediation organization, and the industrial and regional mediation organizations. Although last year's judicial interpretation stipulates that mediation agreements also have legal effect, just like negotiations, mediation cannot be effective if the employer is unwilling to pay.

3. Complaints. Report to the labor inspection department where the employer is located, and the labor inspection department will handle it. On the basis of investigating the relevant facts, the labor inspection department may order the employer to pay wages.

The time limit for the labor inspection department to investigate and deal with cases is generally not more than 60 days, and it can be extended by 30 days under special circumstances. 4. Labor arbitration and litigation. If an application for arbitration is submitted to a labor dispute arbitration commission with jurisdiction, the labor dispute arbitration commission shall conclude the hearing within 60 days from the date of acceptance.

If the arbitral award is not satisfied, it may file a lawsuit with the court with jurisdiction within 15 days from the date of receipt of the award, and the lawsuit shall be subject to the two-instance final adjudication system in accordance with the civil procedure procedure.

Legal basis: 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 remuneration higher than the wages of the employee for normal working hours according to the following standards:

1) Where workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of their wages;

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.

According to Article 85 of the Labor Contract Law, if an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If Lawson's remuneration is lower than the local minimum wage, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying the wages of the imitation workers below the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating the labor contract, and the bridge fails to pay economic compensation to the worker in accordance with these regulations.

Legal analysis: If the employer arranges overtime and does not pay overtime pay, the labor administrative department shall order the employer to pay overtime pay within a time limit; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of between 50% and 100% of the amount payable. If the employer fails to pay the labor remuneration in full and in a timely manner, the employee may terminate the labor contract and request the employer to pay economic compensation.

During the existence of the labor relationship, if the employer defaults on the employee's overtime wages, the employee may file an arbitration with the labor dispute arbitration department at any time to request the employer to pay the overtime wages without being subject to the statute of limitations. Within one year after the end of the employment relationship, if the employee asserts rights, requests rights relief from the relevant authorities, or agrees to pay the loose letter, the effect of the arbitration shall be recalculated.

Legal basis: Article 41 of the Labor Law of the People's Republic of China An employer may extend its working hours after consultation with the labor union and the workers due to the need for production and operation, 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 3 hours per day but shall not exceed 36 hours per month under the condition of ensuring the health of the worker.

According to Article 85 of the Labor Contract Law, if an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If Lawson's remuneration is lower than the local minimum wage, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying the wages of the imitation workers below the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating the labor contract, and the bridge fails to pay economic compensation to the worker in accordance with these regulations.

Legal Analysis: If the company does not pay overtime, the first.

1. Workers may file a lawsuit with the labor administrative department. Clause.

2. Workers may apply for mediation at the mediation organization. Clause.

3. The worker may apply to the local people's court for a payment order in accordance with the law. Clause.

4. Workers may apply for labor arbitration, and if they are not satisfied with the arbitration results, they may file a lawsuit in court.

Legal basis: Article 31 of the Labor Contract Law stipulates that the employer shall strictly enforce the labor quota standards and shall not force the employee to work overtime in imitation or disguise. If an employer arranges overtime, it shall pay overtime pay to the employee in accordance with the relevant provisions of the state.

Article 44 of the Labor Law In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours according to the following standards: (1) if the employee is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; 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.

In the case of being forced to work overtime, you can consider the following methods:

1.Understand the company's regulations: First of all, understand the company's overtime policy, including overtime hours, overtime pay, compensatory time off and other regulations, so that you can effectively protect your rights and interests when you are forced to work overtime.

2.Communicate with superiors: If you are forced to work overtime, you can communicate with your superiors, explain your situation and reasons, and try to negotiate to get a reasonable solution.

3.Ask for help: If communication with superiors fails, you can ask the company's human resources department or the union for help and ask them to intervene to solve the problem.

4.Defend your rights and interests: If the company unreasonably compulses overtime, you can consider protecting your rights and interests, such as refusing to work overtime, asking for fair overtime pay or compensatory time off, etc.

5.Seek legal means: If the company violates the law and compels overtime, it can consider seeking legal means to protect its rights from a labor arbitration institution or court.

In short, when you are forced to work overtime, you need to stay calm, understand your rights and interests and company regulations, and solve problems through communication, negotiation, rights protection, etc., while also paying attention to your physical health and work efficiency.

If this is often the case, you can only complain to the local labor inspection brigade!