Is it right for a company to force employees to work overtime, and can the company force employees t

Illegal. The employer shall formulate an overtime plan in advance when arranging overtime, and the employer that has established a labor union shall notify the labor union and obtain the consent of the employee.

Legal basis: Article 41 of the Labor Law The 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 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 31 of the Labor Contract Law The employer shall strictly enforce the labor quota standard and shall not force or covertly compel 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.

Legal analysis: The law clearly stipulates that the employer shall not compel the employee to work overtime, and if it is really necessary for the employee to extend the working hours, it is also necessary to negotiate with the employee, and the employee cannot directly compel the overtime work, and the employee also has the right to refuse the overtime request of the employer. However, in some special circumstances, employees who are required to work overtime must not refuse.

In addition, it is forbidden for employers to arrange overtime for pregnant female employees and juvenile workers.

Legal basis: 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 3 hours per day, but shall not exceed 36 hours per month under the condition of ensuring the health of the worker.

Article 38 The employer shall ensure that the worker has at least one day off per week. If an enterprise violates laws and regulations and forces an employee to extend working hours, the employee has the right to refuse.

Legal Analysis: Employers cannot force employees to work overtime. Overtime must be agreed by the employee, and if it is illegal to force the employee to work overtime, the employee has the right to refuse.

And if it is because of the needs of production, workers can be required to work overtime. Those who are forced to work overtime will be subject to administrative penalties.

Legal basis: 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.

Article 90 Where an employer violates the provisions of this Law by extending the working hours of its employees, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine.

Legal Analysis: Need to bear debts before the withdrawal of shares. If you do not enter into a withdrawal agreement before the withdrawal, you will bear the risk of debt liability.

If you have a withdrawal agreement, you do not have to take on debts. The withdrawal agreement is the written basis for the withdrawing party to request the company to go to the industrial and commercial bureau for change registration, and it is also a necessary document for the company to change the registration. The withdrawal agreement refers to the agreement signed by the same company as the company during the existence of the company, when the shareholders withdraw from the company for specific reasons and no longer enjoy the shareholders' rights and interests.

Without a withdrawal agreement, the shareholder cannot withdraw from the company, or it will be deemed that the company has not withdrawn from the company, and the creditor will still claim the debt against the withdrawing person for new debts incurred by the company after the withdrawal; In the absence of a withdrawal agreement, the withdrawing party will still be liable for the debts incurred before the equity transfer. Confirm that the shareholder withdraws from the company and no longer bears the debts incurred by the company after the withdrawal, so as to protect the rights and interests of the withdrawing shareholder; If the shareholder transfers the equity to others, the withdrawing person no longer bears the debts incurred by the company before the withdrawal.

Legal basis: Article 113 of the Enterprise Bankruptcy Law of the People's Republic of China The bankruptcy estate shall, after giving priority to the repayment of bankruptcy expenses and common debts, be repaid in the following order: (1) the wages and medical treatment, disability allowance and bereavement expenses owed by the bankrupt person to the employees, the basic endowment insurance and basic medical insurance expenses that shall be transferred to the personal accounts of the employees, and the compensation that shall be paid to the employees according to laws and administrative regulations; (2) the social insurance premiums owed by the bankrupt other than those provided for in the preceding paragraph and the taxes owed by the bankrupt; (3) Ordinary bankruptcy creditor's rights.

If the bankruptcy estate is insufficient to satisfy the claims in the same order, it shall be distributed proportionately. The salaries of the directors, supervisors and senior management personnel of the bankrupt enterprise shall be calculated on the basis of the average wages of the employees of the enterprise.

Employers may not force employees to work overtime. 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. In the following four situations, the employee shall not refuse the overtime arrangement of the employer:

1. The occurrence of natural disasters, accidents or other reasons that seriously threaten the safety of people's lives and health and the safety of imitation property, and need to be dealt with urgently;

2. The failure of production equipment, transportation lines, and public facilities affects production and public interests, and must be repaired in a timely manner;

3. It is necessary to use the suspension period of statutory holidays or public holidays to overhaul and maintain the equipment;

4. In order to complete the emergency tasks of national defense, or to complete other emergency production tasks arranged by the state unplanned, as well as the urgent tasks of commercial and supply and marketing enterprises in the completion of the purchase, transportation, and processing of agricultural and sideline products, as well as other circumstances stipulated by laws and administrative regulations. Even so, the law also has certain restrictions on overtime workers, prohibiting employers from working overtime outside of normal working days for underage workers, pregnant female workers, and female employees nursing babies under the age of 12 months.

Labor Law of the People's Republic of China Article 90 Where an employer violates the provisions of this Law by extending the working hours of its employees, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine.

Employers may not force employees to work overtime. If the employer compels the employee to work overtime, the employee may terminate the labor contract immediately without prior notice to the employer and require the employer to pay economic compensation. At the same time, it shall be reported to the labor administrative department, which shall give a warning, order corrections, and may impose a fine.

Labor Contract Law of the People's Republic of China

Article 38.

The employee may terminate the labor contract under any of the following circumstances:

1) Failure to provide labor protection or labor conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.