After work, shouldn t the leader break the law?

If the leader does not let him go, it is definitely illegal to do so often. Specifically? I can give you an analysis as follows.

1. Laws and Regulations.

For employees working overtime and overtime pay.

The calculation is regulated.

For extended overtime, it is calculated as a multiple of wages, twice as much overtime on weekends and 3 times as overtime on national holidays.

Although company leaders require employees to work overtime without compensation, employees have the right to demand overtime pay from the company. Maybe the employee still wants to continue to work in the company now, that's okay, when you don't want to continue to work in the company one day, calculate the new and old accounts together.

Of course, employees should focus on the collection of evidence first. The claim for overtime pay requires the employee to provide evidence, and the court will not support the overtime pay without evidence. Employees can take a ** when working overtime, send an email to the leader to report the progress of overtime, copy a screenshot of the attendance record or attendance sheet, etc., as evidence when "settling accounts" in the future.

2. Paying a fine if you don't work overtime violates the law.

The enterprise signs a labor contract with the employee.

The agreed monthly wage is the consideration for the employee to provide normal working hours.

During normal working hours, it is a contractual obligation for employees to provide labor. But overtime is different, overtime is not an obligation of employees, employees have the right to refuse to work overtime, and enterprises have no right to fine employees for refusing to work overtime.

Although an enterprise has a certain degree of operational autonomy, within which an enterprise can deduct a certain amount of wages from its employees for disciplinary violations, there are restrictions on the operational autonomy of the enterprise, and this right cannot exceed a reasonable range. Businesses can be liable for late arrivals, early departures, and sick leave for employees.

Personal leave and other acts shall be deducted from a certain percentage of wages, but shall not exceed a reasonable range. For example, if an employee is half an hour late for work, it is unreasonable to deduct the day's wages, and the salary for being half an hour late should be deducted, because the employee did not provide labor during this half hour.

Enterprises will ask, how can only deducting such a little salary play a punitive role? Except for deducting wages, is there no other means of management for enterprises? You can give a warning to the employee, you can terminate the employment contract after a few warnings, and you can put these in the employee handbook.

Or isn't it in the rules and regulations?

Employee refusal to work overtime is a right, and no one has the right to deprive employees of this right, let alone impose fines for refusal to work overtime.

Summary. It is understandable that employees are "under the eaves and have to bow their heads" when they work in the company, after all, it is not easy to find a job, and when they can get by, no one wants to risk being terminated from the labor relationship.

risk offending the company's leadership. But employees must remember to collect evidence. When one day you can't bear to leave, take out the evidence you've collected over the years and settle the ledger with the company.

Well, this is also a lot of income, so why bother with it.

In principle, this is not illegal.

Because if the leader still has something to deal with, then let you stay to deal with it, this can apply for the first class, and you will definitely have to pay your labor remuneration.

Therefore, as an employee, you still have to obey the arrangement of the company's leaders.

Under normal circumstances, if the leader does not let him leave after work and stays to work overtime, as long as there is overtime pay, it is not illegal to work under the labor law.

If you get off work, then you can go home, if the leader doesn't let you go, it depends on whether you need to work overtime, and you have to pay overtime.

To the point of getting off work the leader does not go,If a colleague leaves first, you can go first.

If neither the leader nor the colleague leaves, you'd better not leave first, as you may have to work overtime.

01. If the leader does not leave, it is better for the employees not <>to leave

As an employee, you should understand some rules in the workplace, and if the leader does not leave at the end of work, it is best for the employee not to go first.

If there are no special circumstances, wait a little longer so as not to make a bad impression on the leader.

If you are a newcomer to the company, it is best to wait and go with the leader, or if the leader is gone, you will go.

If the leader does not go, as an employee goes first, the leader may have a bad impression of the employee.

My mother often told me that when entering the workplace, you should respect your leaders, respect your colleagues, and be a polite person, so that you will be respected and noticed by others.

02. If the leader doesn't leave, other employees will leave first, and you can also go <>

When it comes to the point where you get off work, the leader doesn't leave, there may be some work that has not been done, as long as you finish the work, you can go first.

Try not to be the first to go, if there are other employees who go first, you can also go first.

Because there are other employees who leave first, even if the leader has an opinion, he will not come to you first.

People in the workplace, involuntarily, to do more things and talk less, to be diligent, to be more dedicated, try to do work in the morning and get off work late.

As a newcomer to the workplace, if you want to make a good impression on your leader, my advice is that if the leader doesn't leave, it's best not to leave as an employee.

If there is an urgent matter at home, you can explain the situation to the leader before leaving, and don't let the leader have any ideas.

03. If the leader does not leave, he will tell the employee in advance to go first, and do not wait for him to <>

If the leader needs to work overtime if he has something to do, he usually tells the employee in advance and asks the employee to go first, not waiting.

If that's the case, when it's time to get off work, the employee can choose to go first.

Although there are some rules in the workplace, if you do your job well, you can get off work at the end of the day, and the leader will not blame you, let alone have any opinion of you.

My father was the small person in charge of a unit, and every day when he got off work the latest, he would tell the employees to go first and not wait for him.

My father said that as long as the employee finishes the work, he can leave work at the end of the day, and there is no need to wait for the leader to get off work together, or wait for the leader to leave after work.

After work belongs to the employee's private time, so there is no need to ask the leader, just leave work normally.

I agree with my fatherAs long as employees do their jobs well, they can leave work normally, and leaders will not have opinions on employees.

When the leader doesn't go to the point where he gets off work, he can go first as an employee, after all, sometimes the leader has his own job:

1. The work arrangements of the leaders are different. In general, it is best for the leader to leave and the employee to leave work. Sometimes, the leader may have a special job task that employees don't need to work on.

2. If you always work overtime, it is easy for the leader to think that your work efficiency is low. Although it is a good thing to love and dedicate yourself to your job, working overtime for no reason will make you seem to be inefficient.

3. You can ask the leader if there are any additional tasks to be completed. In this way, you can not only show that your own work has been completed, but also avoid the embarrassing scene of leaving work before the leader.

4. If the team's project tasks are heavy, or if they are extra tasks and need to work overtime, you can consider staying overtime for work. <>

1. Each position arranges different employees and leaders, which have different roles in different positions. It may be that the employee's task has been completed, and the work as a leader begins. If you have been working with the leader, employees will be bored and feel aggrieved.

Obviously, his salary is less than one-third of the leader's, and useless overtime will make employees feel aggrieved. As a leader, he may face different pressures and work with different difficulties. The arrangement of each position is different, and there is no problem for employees to leave work on time after completing their tasks.

2. Overtime without reason, so that the leader misunderstands your ability As a leader, employees who do not necessarily like to work overtime. Especially in daily work, without special work tasks, your overtime will cause him to guess whether your ability does not match the position, so you need to work overtime to complete. Unless the company has a relatively heavy task and the department works overtime collectively, there is no need for overtime, which is the most unfeasible in the workplace.

For example, if you don't get off work because of your exhaustion, it is recommended that you leave work on time and leave a good impression on the leader. <>

3. The best way to report to the leader before leaving, and report to the leader before leaving, and find a reason to work. Roughly explain, wait until the end of the report, and then ask the leader if there are any additional tasks today. If there is one, he will arrange for you to work overtime, and you can leave work naturally after you complete the task.

If not, you can also go with the flow and leave work, and the leader has nothing to say. After all, as a leader, there are no additional tasks to schedule, and it is natural for employees to leave work on time.

Fourth, exceptional situations need to be considered Sometimes, if you know that it is the task of the team, your position needs to work overtime, and the leader has not had time to notify the situation, you can choose to wait temporarily. After all, in this case, even if you get off work and the leader doesn't stop, your life will be disturbed. Instead of going home and being devastated, it is better to wait a few more minutes and work overtime in the company, which can also highlight the quality of your love for work and win the attention of your leaders.

You can go first, after all, when it is time for you to get off work, you shouldn't care whether the leader leaves or not, just get off work by yourself. Doing so will also give you a good rest.

Under normal circumstances, it is better to wait for the leader to leave before leaving, otherwise the leader may feel that your work is not saturated, and there is a problem with your work attitude, but it is also a situation, you can greet the leader before leaving, to see if there is still work that needs to be busy, if not, you can go, is it possible for the leader to stay and wait for people for private matters, and we should also accompany it.

Generally speaking, when the leader has not left when it comes to the end of work, then the employee is embarrassed to go, but if it were me, I would definitely leave first, anyway, I have already left work, and the boss is working overtime to care about me.

You can go first, because your work has been completed, and when it's time to get off work, there is no reason to work overtime.

As an employee, if you complete today's tasks, you can leave work normally, because this is your freedom, and the boss has no right to control it.

Yes, in fact, as long as it is the working time after work, there is no work content, you can choose to leave work.

Legal Analysis: Illegal. 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.

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

Article 39 Where an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of its production, it may, with the approval of the labor administrative department, implement other methods of work and rest.

If you are not allowed to go out after work normally, it has already constituted a violation of the law.

This act already constitutes the crime of unlawful detention.

The crime of unlawful detention refers to the criminal act of illegally depriving others of their personal liberty by means of detention, confinement, or other coercive methods. The object of the offence of unlawful detention is the right to bodily liberty of others.

Legal analysis

According to the relevanceLaws and Regulations

Not being allowed to go out after work normally is already an illegal confinement of other people's personal freedom. The right to bodily freedom refers to the right of personality in which the movement and behavior of the body are not subject to unlawful interference.

That is, the right to freedom to decide on the actions of one's own body according to one's own will within the limits of the law. Unlawful detention manifests itself in two ways: first, the act of detaining another person, and secondly, the illegality of such detention.

The essence of detention is the forcible deprivation of a person's personal liberty. The relevant laws have strict provisions on arrest and detention, which must be carried out by specialized agencies in accordance with the procedures prescribed by law. According to the relevant laws and regulations, the personal freedom of citizens shall not be violated, and any citizen shall be subject to the approval or decision of the people's procuratorate and the public security organs.

Execution, not subject to arrest. Detention can only be decided by the public security organs and people's procuratorates, and shall be carried out by the public security organs. Therefore, it is illegal for any organ, group, enterprise, public institution or individual to detain another person in accordance with the law or in accordance with the procedures prescribed by law.

Violators shall be punished in accordance with law. In accordance with the provisions of the relevant laws, citizens have the right to immediately turn over to the judicial organs a person who is committing a crime or who is immediately discovered after committing a crime.

Legal basis

Criminal Law of the People's Republic of China.

Article 238:Whoever unlawfully detains others or unlawfully deprives others of their physical liberty by other means is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights.

Where there are circumstances of beating or insulting, a heavier punishment is to be given. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; and where death is caused, the sentence is to be 10 or more years imprisonment. Where violence is used to cause injury or death, it is to be convicted and punished in accordance with articles 234 and 232 of this Law.

Where debts are illegally seized or detained and others are prohibited from being pickpocketed, punishment is to be given in accordance with the provisions of the preceding two paragraphs. Where employees of state organs abuse their authority to commit the crimes in the preceding three paragraphs, they are to be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.