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It is not legal to work about 60 hours per week, but the employer arranges for the employee to work longer hours.
It is lawful to pay wages and remuneration of not less than 150 percent of wages.
Labor Law of the People's Republic of China.
Chapter IV Working Hours, Rest and Vacation.
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 44 In any of the following circumstances, the employer shall pay the employee more than the normal working hours in accordance with the following standards.
Wages and remuneration of wages:
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.
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The labor law stipulates that overtime may not exceed 3 hours per day and 36 hours per month, with at least one day off per week, with the consent of the employee.
According to the second case, if you have half an hour to eat after 6 p.m. and you agree to work overtime, the employer is not breaking the law. However, it also depends on whether the overtime pay is paid in full according to the different overtime hours.
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It's legal to pay overtime.
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It is not illegal to do so if it is properly subsidized.
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Legal analysis: According to the provisions of the law, the working hours of workers are 40 hours per week, and the overtime hours per day shall not exceed 3 hours, and the monthly hours shall not exceed 36 hours.
Legal basis: Labor Law of the People's Republic of China Article 36 The State implements a working hour 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.
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Legal Analysis: Illegal, the state implements a working hour system in which the daily working hours of workers do not exceed eight hours and the average weekly working hours do not exceed forty-four hours.
Legal basis: Labor Law of the People's Republic of China Article 36 The State implements a working hour system 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.
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Legal Analysis: A 79-hour work week is illegal.
Legal basis: Labor Law of the People's Republic of China Article 36 The State implements a working hour system in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed 40 hours. Article 40 An employer may, after consultation with the labor union and the workers, extend the working hours due to the needs of production and operation, and generally shall not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extension of working hours shall not exceed three hours per day under the condition of ensuring the health of the workers, but shall not exceed 36 hours per month.
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Legal Analysis: Not Normal. It is illegal to work about 60 hours per week, but it is legal for an employer to pay an employee a wage remuneration of not less than 150 percent of the salary if it arranges for an employee to work longer hours.
Legal basis: Labor Law of the People's Republic of China
Article 36 The State shall implement 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 Articles 36 and 38 of this Law due to the characteristics of prudent production, it may, with the approval of the labor administrative department, implement other work and rest measures.
Article 40 An employer shall arrange leave for its employees during the following holidays in accordance with law:
a) Yuanzhou Xiangdan;
2) Spring Festival; 3) International Labor Day;
4) National Day;
5) Other holidays and holidays as provided for by laws and regulations.
Article 41 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the 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 thirty-six hours per month, provided that the health of the worker is guaranteed.
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There are three working hours systems in China, namely the standard working hours system, the comprehensive working hours system, and the irregular working hours system
1. Standard working hours system - employees work 8 hours a day and 40 hours a week.
Scope of application: applicable to general workers such as state organs and public institutions.
2. Comprehensive working hours system - a working hours system that comprehensively calculates working hours on a weekly, monthly, quarterly and annual basis, but the average weekly working hours and average monthly working hours of employees should be basically the same as the standard working hours.
Scope of application: Transportation, railway, post and telecommunications, water transportation, aviation, fishery and other industries due to the special nature of work, workers who need continuous operation; Some employees of geology and resource exploration, construction, sugar refining, tourism, etc., which are limited by seasonal and natural conditions;
3. Irregular working hours system - refers to a working hours system that does not have a fixed working time limit on working days adopted by employees who cannot be measured by standard working hours or need to work flexibly due to production characteristics, special needs of work or the relationship between the scope of responsibilities.
Scope of application: senior management employees, field staff, sales personnel, some on-duty personnel and other employees who cannot be measured by standard working hours due to their work; Long-distance transport personnel, taxi drivers, and some loading and unloading personnel of the iron belt Qingzhi Road, ports, warehouses, and other employees who need to work in a mobile manner due to the special nature of their work.
How can I work overtime in accordance with the law?
In order to protect employees' right to rest, the law stipulates the following conditions for overtime:
1. The employer shall ensure that the employee has at least one day off per week;
2. Due to the needs of production and operation, after consultation with the labor union and the workers, the working hours are generally extended by no more than one hour per day;
3. The extended working hours shall not exceed 3 hours per day for special reasons;
4. The extended working hours shall not exceed 36 hours per month.
Legal basisArticle 36 of the Labor Law of the People's Republic of China stipulates that the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed 44 hours.
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According to the law, the working hours of a worker are 40 hours per week, and the overtime hours shall not exceed 3 hours per day and 36 hours per month, otherwise, it is an illegal act.
1. Is it legal to work 12 hours a day?
It is illegal to work 12 hours a day.
According to the regulations, 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.
Due to the needs of production and operation, the employer may extend the working hours, which shall not exceed three hours per day under the condition of ensuring the health of the employee, but shall not exceed thirty-six hours per month.
If it is exceeded, it is illegal.
2. Employees who are required by the state to work for several hours a day.
According to the relevant provisions of China's relevant laws, the working hours shall not exceed eight hours per day, and the average working hours per week shall not exceed forty-four hours, and the rest shall be guaranteed every week. Extended working hours, generally not exceeding 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.
3. The 6-day work week is illegal.
It is not illegal to work 6 days a week. However, the employer shall ensure that the working hours of the employees do not exceed 8 hours per day and 44 hours per week, and at least one day off per week. Due to the needs of production and operation, the employer may, after consultation with the labor union and the workers, extend the working hours, which 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 under the condition of ensuring the health of the workers, but shall not exceed the operating hours by more than 36 hours per month.
Article 36 of the Labor Law of the People's Republic of China stipulates that the daily working hours of workers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours.
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