If you don t pay overtime during the Chinese New Year, where should I go to sue?

Legal analysis: Overtime pay is not paid for overtime during the Spring Festival, and employees can apply for labor arbitration or report to the labor inspection department.

Legal basisLabor Law of the People's Republic of China

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 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 41 An employer may, after consultation with the labor union and the workers, extend the working hours, which shall not exceed one hour per day, due to the needs of production and economic management; If it is necessary for Yu Feng to extend his 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 condition of ensuring the worker's physical health.

If the company does not pay overtime pay, the employee can file a complaint with the labor inspection department or file a labor arbitration. If the employer refuses to pay, the Qiaotan labor inspection department may order the unit to pay compensation for the arrears of remuneration.

In real work, as long as the employer arranges the employee to work overtime, no matter what time period the employee is working overtime, the employee can claim overtime pay from the employer. However, we find that there are often cases where the unit does not pay overtime after arranging overtime, so what if we do not pay overtime during the Spring Festival? Learn more below.

1. What should I do if I don't pay overtime during the Spring Festival

You can file a complaint with the local labor inspection department, or apply for labor arbitration.

If the payment is refused, the labor inspection department may order the unit to pay compensation for the arrears of remuneration.

Materials required to apply for labor arbitration:

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** trial, and then mediate between the two of you, and if the mediation fails, the arbitration will be reported to the committee and the award will be issued; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;

3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

2. Regulations on overtime wages during the Spring Festival

Open the calendar Spring Festival holiday arrangement: from Chinese New Year's Eve to the sixth day of the first lunar month, including Chinese New Year's Eve and the beginning of the first month.

1. If the employer arranges overtime for the worker on the second day of the first lunar month, it shall pay the worker no less than 300% of the worker's daily wage, and shall not arrange compensatory leave or compensatory leave; From the third day of the first month to the sixth day of the first month, if the employer arranges for the employee to work overtime, it shall pay the overtime remuneration not less than 200% of the employee's daily wage.

It should be noted that in reality, there may be situations where employees voluntarily work overtime, and they cannot ask the employer for overtime pay after working overtime, because according to the provisions of the law, employees need to pay overtime pay only if the employer arranges overtime. If you encounter a situation where overtime is arranged and overtime is not paid, you can complain to the labor inspection brigade where the unit is located, or even directly apply for labor arbitration, so as to protect your legitimate rights and interests.

Article 44 of the Labor Law In the case of any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the employee for normal working hours in accordance with the following standards:

If the employee is arranged to work longer hours, he shall be paid a wage remuneration of not less than 150% of the wage;

2) If the 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 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% of his wages.

If the company does not pay overtime, you can apply to the Labor Bureau for labor arbitration.

The state has regulations. Give at least 3 times. If you don't give it, you can only find a union.