A 48 hour workweek is eligible to claim overtime pay from the company for the past four years

According to Article 36 of the Labor Law, 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 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes stipulates that the limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

Zongheng Legal Network Guizhu lawyer.

According to the labor law, if a normal working week is 40 hours, at least 150% of the overtime pay should be paid.

Take a look at your pay stub and then compare it with the employment contract. If overtime pay is not included in the payroll according to the contract, you should consider making a claim. In some companies, the salary written in the labor contract is relatively low, and there is so much money for overtime work on Saturdays.

Unfortunately, many people only care about how much money they can get per month, and do not care about whether it is five days and eight hours or six days and eight hours.

Legal analysis: If the overtime work exceeds 36 hours, the salary remuneration shall not be less than 150% of the salary.

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 44 In any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for the hours they are working in accordance with the following standards:

1) Where a worker is arranged to work longer hours, he shall be paid a wage remuneration of not less than 150 percent 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.

Legal analysis: The law clearly stipulates that employees shall not work more than 36 hours of overtime per month, otherwise it is illegal. The worker shall be compensated accordingly. If the company makes the employee work overtime for too long and refuses to pay overtime, then the employee may.

In order to report the company's illegal extension of overtime hours to the labor inspection brigade, Tan Yi applied to the labor arbitration commission for labor arbitration on the issue of overtime.

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 a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wages 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) Where a worker is assigned to work on a statutory holiday, he shall be paid a wage remuneration of not less than 300 percent of the wage.

Summary. Hello dear, glad to answer for you! Overtime pay for overtime work of more than 440 hours a year, and compensation for employees who voluntarily resign.

If the employer works overtime in excess of the provisions of the Labor Law, the employee may leave the job immediately and demand severance payment. According to Article 41 of the Labor Law, due to the needs of production and operation, an employer may extend its working hours after consultation with the labor union and the workers, which shall generally not exceed one hour per day. <>

If you work more than 440 hours of overtime in a year, you will be paid overtime, and there will be no compensation for the employee's voluntary resignation.

Hello, dear, I'm glad to answer Kaichen for you! If you work more than 440 hours of overtime in a year, you will be paid overtime and grandchildren, and employees will be compensated if they automatically resign and stare at Zen. If the employer works overtime in excess of the provisions of the Labor Law, the employee may leave the job immediately and demand severance payment.

According to Article 41 of the Labor Law, due to the needs of production and operation, an employer may extend its working hours after consultation with the labor union and the workers, which shall generally not exceed one hour per day. <>

Kiss, expand the content <>

According to Article 38 of the Labor Contract Law, if an employer falls under any of the following circumstances, the employee may be starved and terminated the labor contract: the rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of the employee. Article 46 In any of the following circumstances, the employer shall pay economic compensation to the worker:

The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law. <>