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Anonymous users2024-02-08Illegal. Serious breaches. I'll show you the laws and regulations, and you'll understand.
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 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.
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 in accordance with the following standards: (1) Where a worker is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150 percent of the wage; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (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.
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Anonymous users2024-02-071. Overtime pay must be paid; 2. 24 hours of continuous rest per week must be guaranteed; 3. Overtime should be voluntary. Employees who work overtime can be disobeyed. Otherwise, you can go to labor arbitration.
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Anonymous users2024-02-06From the information you provided, it is preliminarily concluded that there is serious overtime work in the unit. According to the regulations, the normal overtime time shall not exceed 3 hours a day and 36 hours a month, and if there is overtime, overtime pay shall be paid in accordance with the regulations. Overtime is paid at 150% on weekdays, 200% on rest days, and 300% on statutory holidays.
It is recommended that you file a complaint with your local labor office.
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Anonymous users2024-02-05Of course, it is not legal, there are strict rules on working hours, and if there is no overtime pay, you can apply for arbitration if you work overtime.
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Anonymous users2024-02-04It's not legal, this problem is easy to solve, you guys can strike collectively.
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Anonymous users2024-02-03Let's see if he's going to force you to resign.
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Anonymous users2024-02-02Legal analysis: the part exceeding the standard working hours is overtime, and the unit should compensate for overtime pay, and if the negotiation fails, collect the facts and evidence of overtime, and apply for labor arbitration to claim overtime wages and economic compensation.
Legal basis: The Labor Law of the People's Republic of China is carrying out 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 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) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, 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 shall be paid a wage remuneration of not less than 300% of his wages.
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Anonymous users2024-02-01Exceeding the working hours stipulated in the Labor Code is handled as follows:
1. The employer may extend the working hours after consultation with the labor union and the workers due to the needs of production and operation, but it needs to pay overtime wages;
2. If there is serious overtime, the employee can complain to the local labor inspection department for resolution and request to file a case for handling;
3. During the emergency treatment of disasters and emergency repair of public facilities, the working hours can be extended.
1. The calculation of overtime pay is as follows:
1. If the employer arranges overtime work for the employee on a statutory holiday, it shall pay the overtime wage at a rate not less than 300% of the employee's daily or hourly wage;
2. If the employer arranges overtime for the employee on the rest day, it may arrange compensatory rest for the employee without paying overtime wages, and if no compensatory rest is given, the overtime wage shall be paid at a rate not less than 200% of the employee's daily or hourly wage;
3. If the employer arranges for the employee to work longer hours, it shall pay the employee a wage remuneration of not less than 150% of the salary.
2. The calculation method of the overtime wage base is as follows:
1. If there is an agreement on wages in the labor contract, it shall be determined according to the wage standard corresponding to the position of the employee as agreed in the labor contract;
2. If there is no agreement in the labor contract, it can be specified in the collective contract by the employer and the employee representative through collective negotiation;
3. If there is no such agreement between the employer and the employee, it shall be determined at 70% of the employee's normal monthly salary for attendance.
In general, overtime wages should be paid for working hours beyond the labor law. According to the relevant laws and regulations of our country, China implements an eight-hour working system, and the daily working hours of workers do not exceed eight hours, and if the employer arranges for the worker to extend the work for more than eight hours before being promoted, the excess part shall be counted as overtime time, and the worker shall be paid overtime wages not less than 1.5 times his normal wage, and if it is a rest day, he shall be paid overtime wages not less than twice the normal wage. If the employee works overtime seriously, the employee can file a complaint with the local labor inspection department for resolution, and request that the case be filed.
Labor Law of the People's Republic of China
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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Anonymous users2024-01-31Legal Analysis: Depends on the circumstances. If the employer pays overtime and the overtime hours do not exceed 36 hours per month, it is legal; If the employer does not pay overtime, or if the overtime hours exceed 36 hours per month, you can file a complaint with the local labor inspection brigade.
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 44 Under any of the following circumstances, the employer shall pay the employee a salary higher than the employee's 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) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid;
(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.
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Anonymous users2024-01-30It depends. If Huai Hengguo's unit pays overtime pay, and the overtime hours do not exceed 36 hours per month, it is legal; If the employer does not pay overtime, or if the overtime hours exceed 36 hours per month, you can file a complaint with the local labor inspection brigade.
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 eight hours and the average weekly working hours shall not exceed forty-four hours.
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Anonymous users2024-01-29It depends. If the employer pays overtime and the overtime hours do not exceed 36 hours per month, it is legal; If the employer does not pay overtime, or if the overtime hours exceed 36 hours per month, you can file a complaint with the local labor inspection brigade.
Article 36 of the Labor Law 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.
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Anonymous users2024-01-28Legal analysis: the part exceeding the standard working hours is overtime, and the employer should give overtime compensation, but if the negotiation fails, collect factual evidence of overtime work, and apply for labor arbitration to claim overtime wages and economic compensation.
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 wages and remuneration higher than the wages of the employee for normal working hours according to 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 arrange a compensatory break, he shall be paid a wage remuneration of not less than 200% of the salary;
3) If a worker is assigned to work on a statutory holiday, he shall be paid a wage remuneration of not less than 300% of his wages.
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