Our company does not have overtime pay for overtime, what should I do?

Updated on society 2024-05-23
16 answers
  1. Anonymous users2024-02-11

    Then don't work overtime, or refer to other friends' answers, or change jobs.

  2. Anonymous users2024-02-10

    Evidence of overtime work can be collected through labor arbitration to claim overtime wages.

    The Labor Law stipulates that if the employer extends the working hours beyond the three statutory standard working hours, the employer shall pay wages and remuneration higher than the wages for normal working hours.

    1) If an employee is arranged to work overtime on a normal working day, a wage remuneration of not less than 150 of the employee's own salary shall be paid.

    2) If the worker is arranged to work on the rest day and cannot arrange compensatory leave, the worker shall be paid a wage remuneration of 200 yuan of the normal daily wage.

    3) If an employee is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 yuan of the wage.

    The contract can be terminated, overtime pay may be demanded or a complaint may be filed with the labour inspectorate.

    The issue of overtime pay should be raised in a timely manner, and the local labor arbitration commission only supports overtime pay with evidence, and only for one year. In addition, there is a difference between social insurance and urban hukou.

  3. Anonymous users2024-02-09

    Appeal directly to the local labor bureau, or find the local labor arbitration commission for arbitration, if the above two methods are not feasible, you can file a civil lawsuit with the local people's court to claim civil compensation.

  4. Anonymous users2024-02-08

    There must be sufficient evidence and a readiness to be fired.

  5. Anonymous users2024-02-07

    It's up to you what you think.

    If you want to do well in this company, then don't complain, because all the hard work will pay off.

    If you are only working for this company temporarily, quit your job as soon as possible, because even if you report certain problems to certain authorities, they will not be well resolved.

  6. Anonymous users2024-02-06

    You can report it to the Labor Bureau, but generally speaking, the effect is not too great, what kind of society is now. You can also reflect this problem with your leader, and it would be nice if it could be resolved. There is also a possibility that if you mention it, it means that you haven't mentioned it, and if you like the job very much, then you can just give it a go.

    If you don't like your current job because you don't have overtime pay, you might as well leave and find a new job that you think is a reasonable salary.

  7. Anonymous users2024-02-05

    Report to the local labor bureau that someone will come to investigate.

  8. Anonymous users2024-02-04

    Legal analysis: If the company requires overtime and no overtime pay, it can complain to the labor inspection department in accordance with the law and request for overtime pay. If the employer is in arrears of wages or fails to pay overtime pay, it may, in accordance with the provisions of relevant laws, directly notify the employer to terminate the labor relationship, require the employer to pay the overtime pay in full, and may require the employer to pay economic compensation, and the calculation method of overtime pay is multiple of the normal time for working days; Overtime pay for Saturdays and Sundays is twice the normal working hours; If the overtime is worked on national holidays, the overtime pay shall be three times the normal working hours.

    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 in accordance with the following standards:

    1) Where workers are arranged to work longer hours, they shall be paid wages and remuneration not less than 150 percent of their wages;

    2) If a worker is assigned to work on a rest day and cannot arrange a compensatory holiday, 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 percent of his wages.

  9. Anonymous users2024-02-03

    Legal analysis: If the employer forces the employee to work overtime, it can complain to the local labor inspection department, or call ** to complain.

    Legal basis: Labor Law of the People's Republic of China Article 44 In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours according to the following standards: (1) If the employee 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 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 or she shall be paid a wage remuneration of not less than 300 percent of his wages.

  10. Anonymous users2024-02-02

    In the case of forced overtime, the following methods can be considered:

    1.Understand the company's regulations: First of all, you can understand the company's regulations on overtime, such as overtime hours, overtime pay, etc., if the company's regulations are unreasonable or illegal, you can communicate with the leadership or human resources department.

    2.Communication and negotiation: Communicate with the leader or project leader, explain your situation, and whether there are other solutions. If you really can't avoid overtime, you can ask for appropriate compensation or compensatory time off.

    3.Prevention: Predict and plan the work schedule as far in advance as possible to avoid temporary overtime. Maintain efficiency and time management skills to avoid procrastination and workload overhang.

    4.Ask for help: If you do need to work overtime to complete a task, you can seek assistance from a colleague or supervisor to share part of the workload and complete the task together.

    5.Consider your health: Long-term overtime work will have an impact on your health, so pay attention to maintaining a good work-life balance, rest and exercise at the right time to ensure good health.

  11. Anonymous users2024-02-01

    If you are forced to work overtime, you have a few options:

    1.Try to fight for your rights: If you think the company's decision is unreasonable, you can fight for your rights appropriately.

    You can communicate with your immediate supervisor or the human resources department to express your difficulties and opinions, such as the state rent Yuguo has reasonable reasons and evidence, you can apply for exemption from overtime or change the work arrangement.

    2.Actively cooperate: If you really can't avoid overtime, you can also actively cooperate with the company's requirements to try to improve your efficiency and reduce working hours and work pressure.

    At the same time, pay attention to the planning and adjustment of work, arrange your work reasonably, and handle daily affairs and personal relationships.

    3.Complaints: If you feel that the company's decision is unethical or violates labor regulations, you can file a complaint with your local labor office. At the same time, you can also seek help and support from trade union organizations, lawyers, etc.

    In practice, everyone's specific situation and feelings may be different, and I recommend that you understand your occupational protection rights and relevant regulations before taking action, and then take appropriate measures according to the actual situation.

  12. Anonymous users2024-01-31

    Communicate with your employer: Communicate with your employer about the work you did during the overtime period and how much you should be paid for overtime. You can request overtime pay or seek a solution.

    Seek legal assistance: If you can't resolve your issue through communication and inquiries about labor laws, you may consider seeking legal assistance. You can consult a labor lawyer or ask a labor arbitration institution to resolve this dispute.

    Complain to the Labor Bureau: If your disguise office employer refuses to pay you overtime wages, you can file a complaint with the Labor Bureau. The Labor Department will investigate the complaint and can ask the employer to pay you the overtime pay you are entitled to.

  13. Anonymous users2024-01-30

    According to Article 85 of the Labor Contract Law, if an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If Lawson's remuneration is lower than the local minimum wage, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying the wages of the imitation workers below the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating the labor contract, and the bridge fails to pay economic compensation to the worker in accordance with these regulations.

  14. Anonymous users2024-01-29

    If the company does not pay overtime:

    Clause. 1. Workers may file a complaint with the labor administrative department.

    Clause. 2. Workers may apply for mediation at the mediation organization.

    Clause. 3. Workers may apply to the local people's court for a payment order in accordance with the law.

    Clause. 4. Workers may apply for labor arbitration, and if they are not satisfied with the arbitration results, they may file a lawsuit in court.

    Legal basis] Article 31 of the Labor Contract Law stipulates that the employer shall strictly implement the labor quota standard and shall not force or covertly compel the employee to work overtime. If the employer arranges overtime, it shall pay the overtime allowance to the employee in accordance with the relevant provisions of the state.

  15. Anonymous users2024-01-28

    You can file a complaint with the Labor Bureau. In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employee fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state of the person who brought the promotion; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

    Article 44 of the Labor Law of the People's Republic of China In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours according to the following standards: if the employee 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 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 or she shall be paid a wage remuneration of not less than 300 percent of his wages.

  16. Anonymous users2024-01-27

    If the employer forces the worker to work overtime, it can file a complaint with the local labor inspection team. You can choose the following ways to report: 1. You can collect the facts and legal basis and evidence of the company's evasion of labor laws, and mail them to the local labor department's petition or supervision department in the form of a letter for processing.

    2. Directly bring the relevant materials to the petition department of the labor department to fill in the report, and the labor department will generally keep the whistleblower confidential.

    Legal basis] Article 79 of the Labor Contract Law.

    After filing a complaint for a labor dispute, the parties concerned shall first apply to the labor dispute arbitration commission for arbitration, and if they are not satisfied with the arbitration award, they may file a lawsuit with the people's court.

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