Is it legal for the company to work overtime on weekends due to company problems and work to be stop

Depending on the specific behavior of the company, if the company adjusts the weekend overtime work with compensatory leave or pays the employee overtime wages in accordance with the law, then it is legal, otherwise it is illegal. The Labor Law stipulates that if an employee is assigned to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200% of the wage.

According to the Labor Code

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 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.

Comply with legal requirements.

According to the second paragraph of Article 44 of the Labor Law, if a company arranges employees to work on rest days, it shall first arrange compensatory leave at the same time, and pay wages and remuneration if it cannot arrange compensatory leave. If the company cannot produce on working days due to raw material problems, it is in accordance with the law to arrange compensatory leave for employees.

Labor. Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China

Labor Ministry Fa 1995 No. 309.

2) Extended working hours.

70. If an employee is assigned to work on a rest day, he or she shall first be arranged to take a compensatory rest at the same time, and if a compensatory rest cannot be arranged, the employee shall be paid wages and remuneration for the extended working hours in accordance with the provisions of Article 44 (2) of the Labor Law. If an employee is assigned to work on statutory holidays (New Year's Day, Spring Festival, Labor Day, National Day), the employee shall be paid wages and remuneration for extended working hours in accordance with Article 44 (3) of the Labor Law.

Summary. Hello dear, happy to answer your <>

The company allows employees to take time off, and employees are not resting at work, and it is not illegal to not report overtime.

Is it illegal for the company to make compensatory leave, and employees are not resting at work, so it is illegal not to report overtime.

Hello dear, happy to answer your <>

The company allows employees to take time off, and employees are not resting at work, and it is not illegal to not report overtime.

Legal Analysis: If an employer arranges overtime work on a rest day and then compensates for it, it is not illegal to pay overtime pay and only compensate for leave; However, if it is a brother who arranges overtime on weekdays and statutory holidays, it is illegal to replace overtime pay with compensatory leave. Overtime pay on working days and statutory holidays must be paid in full as required.

In other words, employees who work overtime on weekends can replace overtime pay with compensatory leave.

Legal basis: Article 43 of the Labor Law of the People's Republic of China stipulates that an employer shall not extend the working hours of an employee in violation of the provisions of this Law.

Then it's not illegal to report a compensatory leave?

It's not illegal to be pro, because the unit has already arranged for you to take a vacation. You work overtime on your own voluntarily.

The company only works overtime on rest days, and does not arrange overtime pay for compensatory leave. If an employee is assigned to work on a rest day, he or she may be arranged to take a compensatory leave or pay a wage remuneration of not less than 200% of the wage, but overtime work at night and overtime on statutory holidays must be paid overtime wages, and compensatory leave may not be used.

Article 44 of the Labor Law stipulates that under any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the employees for normal working hours in accordance with the following standards: (1) If the workers are arranged to work longer hours, they shall be paid wages and remunerations not less than 150% of the wages; (2) If a worker is arranged to work noisily on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of his wages; 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 the Labor Law of the People's Republic of China, employees shall take normal leave on statutory holidays and statutory rest days; If there are special circumstances that make it necessary to go to work, compensation shall be given.

If the statutory holiday falls on a weekend, and the company does not postpone the rest and does not issue a leave notice, will it be said that it is voluntary to work overtime and not pay overtime pay?

Hello dear, if the company does not postpone the rest and does not issue a leave notice, then the employees who go back to work can ask the company to pay overtime. Relevant information: According to the provisions of the Labor Law of the People's Republic of China, employees should take normal vacations on statutory holidays and statutory rest days; If there are special circumstances that require work, they shall be compensated for filial piety.

We have a single holiday, that is, January 1 is a Sunday, and then only observe the Sunday day, and there is no holiday notice, so if we go back to work with the sail on Monday, will it be said that it is voluntary overtime and no overtime pay will be paid? Shed of Corruption.

Even if it is a single holiday, it shall be taken normally in accordance with statutory holidays and statutory rest days. If you go back to work on Monday and you don't notice the breakdown, you can still ask for overtime pay.

1. The manager said that he would not be given compensatory leave for overtime work on weekends in the future, which violated the provisions of the labor law if he did not have the consent of the employee;

2. Legal basis: Article 41 of the Labor Law [Restriction on Extension of Working Hours] 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.

Hello, I'm glad to answer your questions, the first thing to say is that the employer has completely violated the provisions of the Labor Law and the Labor Contract Law, the employer arranges employees to work overtime on weekends and Sundays, if you don't pay overtime, you must arrange time to rest, if the unit insists on doing this, you can report to the labor union of the unit, put forward your written opinions and legal basis, if the union does not deal with it, you can appeal to the local labor inspection department or file an application for labor arbitration, of course, the employer has no reason to dismiss you or terminate the labor relationship between you, you don't have to worry at all As a worker, you should have a sense of law and protect your legitimate rights and interests in labor.

In violation of the labor law, overtime wages will be paid if overtime is not compensated.

Did you sign a contract? If you work too many hours, you can ask the Workers' Protection Association for help.

Weekend overtime is not given off, and overtime pay is a violation, and you can report it to the labor inspection department, but if you still want to continue working, it is best not to be so serious, this is real life.

Violation of the Labor Code, of course, is beyond doubt. Think about the feedback of the trade union of your unit to protect your legitimate rights and interests.