I wonder if it s legal for a factory to work four hours a night and also work on Sundays

Updated on society 2024-04-17
10 answers
  1. Anonymous users2024-02-07

    The employer has seriously violated the labor law.

    Article 36 The State shall implement a system of working hours in which the daily working hours of laborers 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 41 Due to the needs of production and operation, an employer may, after consultation with the trade union and the workers, extend its working hours, 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 36 hours per month, under the condition of ensuring the health of the laborers.

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

    Article 44 Under 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 workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of their wages; (hourly wage).

    2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of his wages; (Daily wage).

    3) Where 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. (Daily wage).

    This is a relevant rule, you can go to the labor inspection of the local labor bureau to report and complain If you don't want to come forward, you can also call your local national uniform.

    Labor security**12333

  2. Anonymous users2024-02-06

    The company's practices are illegal. Overtime pay can be requested. You can go to the local labor bureau to report the situation or directly arbitrate. The key is to prove the fact of overtime.

  3. Anonymous users2024-02-05

    If you think it's legal, then don't say anything if you're tired to death by your boss Now the newly promulgated labor law does not allow mandatory overtime, even if you work overtime, you have to pay overtime, Saturday and Sunday are statutory holidays, and overtime is not allowed

  4. Anonymous users2024-02-04

    Labor Law of the People's Republic of China.

    Article 36 The State implements a wage system in which employees shall not work more than eight hours a day and an average of 44 hours per person per week. Article 38 of the Labor Law of the People's Republic of China requires that an employer shall ensure that its employees have at least one day off a week. Article 39 of the Labor Law of the People's Republic of China requires that the company cannot implement the requirements of Articles 36 and 38 of this method due to manufacturing characteristics.

    With the permission of the labour administrative department, other methods of work and rest can be implemented. Article 41 of the Labor Law of the People's Republic of China requires that the employer can increase the working hours after consultation with the association and employees due to the necessity of production and operation, which generally cannot exceed one hour per day; If it is necessary to increase the working hours due to special reasons, the additional working hours shall not exceed three hours per day on the premise of ensuring the physical and mental health of the employees, but shall not exceed thirty-six hours per month.

    Working overtime for 4 hours a day violates the Labor Law

    Article 41 Requirements for overtime; Working overtime on weekends violates the requirement of Article 38 of the Labor Law to ensure rest time for employees. Nowadays, there is a level of passive control over individual behavior that violates the Labor Code, so if such a thing happens, employees must actively report to the local labor inspection brigade with territorial jurisdiction if they are consumers to defend their rights.

    Carry out the reflection, and the labor administrative department will carry out the company's rectification of the awakening talk.

    Labor Contract Law.

    In this unscrupulous private enterprise, the boss is finally a big fight! I work to make money for more than 20 years, and in the first ten years, I have to work outside the province to make money for 12 hours a day, 30 days a month, if I take a sick leave, my salary will be deducted on this day! After ten years of working in his hometown of Ninghai, Ningbo, two shifts for 12 hours a day, 25 hours on the day of the shift, must be on 30 days a month, ask for a sick leave and immediately deduct the salary, and there is no social security!

    This is the current situation of Ningbo mold industry in Zhejiang Province.

  5. Anonymous users2024-02-03

    If you work overtime and the other party does not pay you overtime, then it is a violation of the labor law, which is not in accordance with the regulations.

  6. Anonymous users2024-02-02

    This is already a violation of the labor law, because the labor law stipulates that each brother cannot work overtime for more than one hour on a day, and if he works overtime on weekends, he must pay 300% of the overtime pay.

  7. Anonymous users2024-02-01

    Of course, employees of these small factories have the right to file a lawsuit in their local courts, and they can also claim overtime pay.

  8. Anonymous users2024-01-31

    Summary. Hello, it's my pleasure to answer your <>

    According to your question [Is it illegal for the factory to work overtime for five hours every night and three hours on Sunday?], the following is the result of my analysis for you from a legal point of view: no violation. Employers can work overtime, depending on the production situation in the factory, but they cannot be compulsorily overtime.

    In these cases, the employer may require the employee to work overtime even if the employee does not agree. However, after overtime, it is also necessary to pay overtime wages or arrange compensatory time off in accordance with national regulations. However, it should be noted that compensatory time off is only for overtime work on weekends, and overtime is arranged on weekdays or statutory holidays, and overtime wages are still paid even if compensatory time off is arranged later.

    Is it illegal for the factory to work five hours of overtime every night and three hours on Sunday?

    Hello, it's my pleasure to answer your <>

    According to your question [Is it illegal for the factory to work overtime for five hours every night and three hours on Sunday?], the following is the result of my analysis for you from a legal point of view: no violation. Employers can work overtime, depending on the production situation in the factory, but they cannot be compulsorily overtime.

    In these cases, the employer may require the employee to work overtime even if the employee does not agree. However, after overtime, it is also necessary to pay overtime wages or arrange compensatory time off in accordance with national regulations. However, it should be noted that compensatory time off is only for overtime work on weekends, and overtime is arranged on weekdays or statutory holidays, and overtime wages are still paid even if compensatory time off is arranged later.

    Hello, the following is the relevant legal basis I have found for you, I hope it will be helpful to you: 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, 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 36 hours per month, under the condition of ensuring the health of the laborers. Article 42: In any of the following circumstances, the extension of working hours is not subject to the restrictions of Article 41 of this Law:

    1) Natural disasters, accidents, or other reasons that threaten the life, health, or property safety of workers, and need to be dealt with urgently; (2) Production equipment, transportation lines, or public facilities fail, affecting production and the public interest, and must be repaired in a timely manner; (3) Other circumstances provided for by laws and administrative regulations.

    Kiss, still have questions? Can you elaborate on that? Or is there anything you'd like to talk about?

    Is it illegal to work five hours of overtime every night in the factory and three hours on Sunday?

    Don't violate the rules, the factory does not force you to work overtime, if you don't want to work overtime, you can apply.

  9. Anonymous users2024-01-30

    The company's laws and regulations on overtime work requirements are as follows: 1. The employer shall strictly implement the labor quota standard and shall not force or indirectly force the employee 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.

    2. In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours in accordance with the following standards: (1) If the worker is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; (2) Where a worker is assigned to work on a rest day and cannot be arranged to take a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of his wages; 3) Where 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.

    Article 31 of the Labor Contract Law stipulates that employers shall strictly implement the labor quota standards and shall not force or covertly compel employees 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.

  10. Anonymous users2024-01-29

    Summary. If the employer does not pay overtime pay according to the regulations or does not arrange compensatory leave within half a year, it is illegal; You can negotiate with the unit, but if you can't negotiate, you can go to the local labor inspection department to complain or apply for labor arbitration.

    If the employer does not pay overtime pay according to the regulations or does not arrange compensatory leave within half a year, it is illegal to return to the shed; You can negotiate with the unit, but if you can't negotiate, you can go to the local labor inspection department to complain or apply for labor and destruction arbitration.

    Legal basis: Article 36 of the Labor Law 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 37 The employer shall reasonably determine the labor quota and piece-rate remuneration standards for laborers who work on a piece-rate basis in accordance with the working hours system provided for in Article 36 of this Law.

    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 Article 36 and Article 30 of this Law due to the characteristics of production, it may, with the approval of the labor administrative department, implement other methods of work and rest.

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