Can the compensation claimed for long term overtime be calculated on an hourly basis?

Yes, according to labor law, we can count by the hour.

1. The unit seriously violates the law, and the Labor Contract Law stipulates that a labor contract should be signed within one month of establishing a labor relationship.

2. Because of the illegal behavior of the employer, you can resign at any time and ask the employer to pay you economic compensation, double salary (up to 11 months), etc., and pay overtime wages.

3. It is a labor dispute, you should file for labor arbitration as soon as possible, you do not need to bear any responsibility, and you can leave your job at any time. The employer does not have the right to garnish any wages.

4. Collect some evidence that can prove that you have an employment relationship with this unit, such as work cards, salary cards, attendance records, etc. Of course, the insurance paid by the employer is the best evidence.

Legal basis. Article 10 A written labor contract shall be concluded for the establishment of labor relations.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If there is a contractual basis for overtime pay, it shall be in accordance with the agreement. There is no agreement that if the arbitral tribunal upholds overtime pay but does not have a specific agreed base, it will be converted according to the local wage standard. When requesting overtime pay, you may be asked to show proof of the time and hours you have been assigned to work overtime.

There is no overtime pay for voluntary overtime.

OK. If not, you can file a complaint with the labor inspectorate.

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) 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) 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: An employer shall not extend the working hours of an employee in violation of the provisions of this Law. According to the regulations, if the employee works overtime in serious cases, the employee can file a complaint with the local labor inspection department for resolution, and request that the case be filed.

Legal basis: Article 41 of the Labor Law of the People's Republic of China Due to the needs of production and operation, an employer may extend the working hours after consultation with the labor union and the workers, 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.

Legal analysis: the part exceeding the standard working hours is overtime, and the unit should compensate for overtime pay, and if the negotiation fails, collect the facts and evidence of overtime, and apply for labor arbitration to claim overtime wages and economic compensation.

Legal basis: The Labor Law of the People's Republic of China is carrying out Article 44 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 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 shall be paid a wage remuneration of not less than 300% of his wages.

Compensation for overtime work is provided for serious overtime hours. If the worker works overtime during the working day according to the requirements of the late employer, the wax mold file can receive overtime pay of not less than 150% of the wage; If the employee works overtime on a rest day and does not arrange compensatory leave, he or she can receive overtime pay of not less than 200 per 100 rounds of wages; If the employee works overtime on a statutory holiday, he or she shall be entitled to overtime pay of not less than 300% of his salary.

Lawyer's answer: If the working hours are overtime, the employee may negotiate with the employer and require the employee to arrange work according to normal working hours or pay overtime pay to him in accordance with the law; If the two parties fail to reach an agreement, the employee can apply for mediation, arbitration, or litigation.

Legal basis: 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 41 of the Labor Law of the People's Republic of China.

Due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, 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 77 of the Labor Law of the People's Republic of China.

In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit in accordance with the law, or resolve it through negotiation.