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The main purpose of the Labor Law is to protect the basic rights and interests of vulnerable workers, and the key lies in whether there is a separate agreement on working hours and whether there is an agreement on labor remuneration outside the statutory working hours when the employee signs a labor contract or an agreement with the factory.
In the current economic downturn, the regulatory authorities should not only consider the rights and interests of workers, but also ensure that the enterprise is affected by the particularity of the industry, how to balance its costs, ensure sustainable operation, and protect the job opportunities of other workers in the enterprise.
In a recent case, in the past, the four pensions for workers were necessary, and it was difficult for the enterprise to get rid of the penalty as a basic condition, but in this case, the enterprise and the employee had agreed in advance to pay this part of the cash directly in the form of non-payment of insurance, and the employee sued for violating good faith on the grounds that the enterprise did not pay.
If you want to keep working, try to negotiate and maintain a balance between income, time, and the relationship between the employer and the company. If you don't want to keep your job, you can apply for arbitration as a condition to negotiate with the employer to get more severance compensation.
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Vulnerable groups, not allowed.
Either change jobs or endure.
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It's too dark like this, and there's no rest every month, so let's quit from such a company.
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If your supervisor doesn't work overtime, you can give your boss or boss a reason why you don't work overtime, and if he has to ask you to work overtime, you can raise an objection.
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Report to the Labour Inspectorate.
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It's useless, do it or don't do it, choose for yourself.
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Under the general production conditions of a manufacturer, a working day is 8 hours, and the necessary labor time is 4 hours, which is now necessary.
In a factory, the original working day is 8 hours, and the necessary labor time and the remaining labor time are 4 hours each, if the two production methods of Shenlao Absolute Orange are used to fight the surplus value and the relative surplus value, the surplus labor time is increased by 100 200 B: 150 300 C:
150 200 d: 150 100 Answer: 150, 300
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It cannot exceed 11 hours at most.
Due to the needs of the employer's production and operation, the working hours may be extended with the consent of the employee, but the extended working hours shall not exceed 3 hours per day and 36 hours per month. If an employer arranges for an employee to work longer hours, it shall pay the employee overtime wages in accordance with regulations.
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 three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.
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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Wages for one day (8 hours) on statutory holidays: RMB 8 hours 3 times 1 day = RMB;
Overtime pay for 1 hour of overtime on weekdays (working days): 120 yuan per day 8 hours per day times 1 hour = RMB;
Overtime pay for 1 day of overtime on weekends (Saturdays): 120 yuan per day 2 times 1 day = 240 yuan.
The state now implements the day as the monthly work base, so his salary is: 120 yuan per day = 2610 yuan.
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Wages for one day (8 hours) on statutory holidays: 120 yuan per day 3 times 1 day = 360 yuan;
Overtime pay for 1 hour of overtime on weekdays (working days): 120 yuan per day 8 hours per day times 1 hour = RMB;
Overtime pay for 1 day of overtime on weekends (Saturdays): 120 yuan per day 2 times 1 day = 240 yuan.
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It can be reported, and the Labor Contract Law stipulates:
Article 36 The State implements a system of working hours in which the daily working hours of laborers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours.
Article 41 Due to the needs of production and operation, the employing unit may extend its working hours after consultation with the trade union and the laborers, and generally shall not exceed 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 but shall not exceed 36 hours per month under the condition of ensuring the health of the worker.
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If you don't pay overtime, you can go to the labor and social security supervision department to complain to the boss and ask for overtime pay!
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Question 1: C Question 2: D
Question 1: Analysis of test questions: The rights enjoyed by workers in China:
equal access to employment and the right to choose one's occupation; the right to remuneration for labor; the right to rest and vacation, the right to occupational safety and health protection; the right to receive vocational skills training, enjoy social insurance and welfare, and submit labor disputes for settlement; and other rights provided for by law. Employees are required to work overtime every day and work as usual on Sundays. Employees work up to 120 hours of overtime per month.
Comments: This question needs to be answered with the knowledge of workers' rights, which is a reproduction of the basic knowledge of the textbook, this question is relatively simple, and the answer can be found from the materials. You can also use the elimination method to do this problem. This question can also examine other rights.
Question 2: Test Question Analysis: Signing a labor contract in accordance with the law is the premise and basis for safeguarding the rights and interests of workers. Consciously fulfilling the obligations of workers is the basis for safeguarding the rights and interests of workers. Therefore, item D is selected for this question. ABC items are excluded because they do not meet the intent of the topic.
Comments: The key to the correct answer to this question is to understand that consciously fulfilling the obligations of workers is the basis for safeguarding the rights and interests of workers. Exclusions were then performed by item-by-item analysis. This question is of moderate difficulty. Keep in mind that the basis and premise are different.
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