If the overtime work given by the company does not symbolize the national regulations and exploits t

Apply for labor arbitration at the labor and social security agency and claim overtime pay. The specific amount is based on the following criteria:

Article 36 of the Labor Law stipulates that the State implements a system of working hours in which the daily working hours of workers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours; At the same time, it is stipulated that the employer shall ensure that the employee has at least one day off per week.

Article 41 of the Labor Law stipulates that if an employer has the need for production and operation, it may extend its working hours after consultation with the labor union and the employee, 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.

Article 44 of the Labor Law stipulates that if the working hours are extended beyond the three statutory standard working hours, the employer shall pay wages and remuneration higher than the wages for normal working hours. 1. If the employee is arranged to work overtime on a normal working day, the employee shall be paid a wage remuneration of not less than 150% of the employee's own salary; 2. If the worker is arranged to work on the rest day and cannot arrange compensatory rest, the worker shall be paid 200% of the normal daily wage; 3. If the worker is arranged to work on statutory holidays, he shall be paid a wage remuneration of not less than 300% of the wage.

...In order to save the job. No way.

Employees who are forced to work overtime can file a complaint with the labor administrative department.

Article 31 of the Labor Contract Law stipulates that employers shall strictly enforce the labor quota standards and shall not force or covertly compel employees to work overtime. If the employer arranges overtime, it shall pay the employee overtime pay in accordance with the relevant regulations of the state.

Article 41 of the Labor Law stipulates that due to the needs of production and operation, an employer may extend the working hours after consultation with the labor union and the labor union, 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, under the search and dispersal documents to ensure the health of the workers.

Legal basis: Article 31 of the Labor Contract Law.

Employers shall strictly enforce labor quota standards and shall not force or covertly compel workers to work overtime. If an employer arranges overtime, it shall pay overtime pay to the employee in accordance with the relevant provisions of the state.

Article 41 of the Labour Law.

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.

For those who use the standard working hour system, the part that exceeds 8 hours per day and the part that exceeds 40 hours per week is counted as overtime

There is no overtime problem for those who adopt the irregular working hours system.

For those who adopt the comprehensive calculation of working hours system, the part that exceeds the standard working hours system of the same period in one calculation period shall be counted as overtime.

Where the system of irregular working hours and the system of comprehensive calculation of working hours are implemented, there shall be an approval document from the labor administrative department.

Overtime work is compensated with overtime wages, but if the employee is arranged to take compensatory time off on weekends, overtime wages are not required. Overtime pay on statutory holidays = monthly wage base 300% of the average monthly pay days for the whole year Overtime days;Overtime pay on rest days = monthly wage base 200% of the average monthly pay days for the whole year Overtime days;Overtime pay on working days = monthly wage base 150% of the average monthly pay days for the whole year Overtime days.

[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 the employee a wage higher than the wage for normal working hours according to the following standards:

1) Where a worker is arranged to work for an extended period of time, 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 arrange a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of the wage;

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: China's labor law stipulates that overtime work needs to be paid overtime, and overtime work on weekdays, such as double wages for nights, double wages for weekend overtime, and three times wages on statutory holidays.

Legal basis: Labor Law of the People's Republic of China 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 according to the following standards: (1) If the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150% of the wages;2) If a worker 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 percent of the wage;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, overtime refers to extended working hours on normal working days or extended working hours on weekends and national statutory holidays, in addition to the working hours prescribed by law or the state.

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

Article 36 When the State implements the working hours system in which the daily working hours of workers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours, the employer shall ensure that the workers have at least one day off per week. Article 38 An employer shall ensure that a worker has at least one day off per week.

Article 41 If, due to the needs of production and operation, the employer may, after consultation with the trade union and the workers, extend the working hours, but generally not more than one hour per day, and if it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours per day under the condition of ensuring the health of the workers, but shall not exceed thirty-six hours per month.

Legal Analysis: The employer shall not refuse to extend the working hours due to the following circumstances: (1) the occurrence of natural disasters, accidents or other causes that threaten the life, health or property safety of the employee and need to be dealt with urgently; Second, the failure of production equipment, transportation lines, and public facilities affects production and public interests, and must be repaired in a timely manner; The third is other circumstances provided for by laws and administrative regulations.

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

Article 42: In any of the following circumstances, the extension of working hours is not subject to the restrictions provided for in Article 41 of this Law: (1) Natural disasters, accidents, or other reasons occur that threaten the life, health, or property safety of laborers, and need to be dealt with urgently; (2) Failure of production equipment, grinding and grinding transportation lines, and public facilities, affecting production and public interests, and must be repaired in a timely manner; (3) Other circumstances provided for by laws and administrative regulations.

Article 43 An employer shall not extend the working hours of an employee in violation of the provisions of this Law.