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Anonymous users2024-02-11Except for certain special circumstances, the overtime work of the employee must be voluntary, and the overtime work shall be paid in accordance with the regulations. If the project is forced to work overtime, or if the overtime is not paid, it can file a complaint with the labor inspection brigade or apply to the labor and personnel dispute arbitration court for labor arbitration.
In accordance with the 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 42: In any of the following circumstances, the extension of working hours is not subject to the restrictions provided for in Article 41 of this Law:
1) Natural disasters, accidents, or other reasons that threaten the life, health, or property safety of workers, and need to be dealt with urgently.
2) Production equipment, transportation lines, and public facilities fail, affecting production and public interests, and must be repaired in a timely manner.
3) Other circumstances provided for by laws and administrative regulations.
Article 44 In any of the following circumstances, the employer shall pay the 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) 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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Anonymous users2024-02-10If you want to do it in this unit, you must work overtime for the unit, if you don't want to, you have to resign, because it is too laborious to solve the problem of overtime through legal means, and it cannot be drawn. Overtime is already an unspoken rule in the modern workplace. When you can't be a manager or a boss, please accept your fate.
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Anonymous users2024-02-09Keep the evidence and apply for arbitration when you don't do it.
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Anonymous users2024-02-08Summary. Hello, it is illegal, the factory makes compulsory overtime unreasonable and legal.
Hello, it is illegal, the factory makes compulsory overtime unreasonable and legal.
Pro, it is illegal for a factory to require workers to work overtime on a voluntary basis, and it is possible to refuse and file a complaint with the labor inspectorate. According to Articles 41 and 42 of the Labor Law of the People's Republic of China, excluding the circumstances specified in Article 42, the employer shall negotiate with the labor union and the employee to obtain the consent of the employee when arranging overtime, and the overtime hours shall not exceed 3 hours per day and 36 hours per month. Employees have the right to refuse to work overtime by informing the supervisor or the manager who arranged the overtime.
According to Article 44 of the Labor Law, an employer shall pay wages and remuneration to employees in accordance with the following standards when arranging overtime work: Overtime on working days: hourly overtime wage standard = 150% of the monthly wage standard stipulated in the labor contract (number of paid days per month); Overtime work on rest days cannot be compensated:
Daily overtime wage standard = monthly wage standard stipulated in the labor contract Number of monthly wage days; Statutory holidays; Daily overtime wage standard = monthly wage standard stipulated in the labor contract The number of monthly wage days The employer requires the employee to work overtime illegally, and the employee can file a complaint with the labor inspector Lu Zhixun, who will give a warning and order correction.
We are hourly workers and the school arranged to enter the factory for internship, and he said that our output is not up to the obligatory overtime.
Dear, did the leader clearly say that the output is not up to standard and you need to work overtime?
I haven't said it, dear, first of all, this kind of behavior is not in line with the radical law, but what, people dare to do it, there are countermeasures to exploit loopholes, and generally the arms can't twist the thighs, but since you are allowed to work overtime, the salary must be calculated according to the holiday salary for you, if this is not the case, you are sure that you can get your due nuclear and socks compensation and the results you want, you can also go to the relevant legal department to consult, is there no legal aid now**. This should be your premise, you have to provide your evidence, they should ask for your salary slip and a series of proofs such as that you are indeed an employee of your unit, if you want to sue your unit, I think you should first see if this matter is serious, don't finally involve yourself. This shed size job is unreasonable, we can choose to change one, overtime is not a person's business, it is everyone's, the gun shoots the first bird, don't be rash!
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Anonymous users2024-02-07Legal Analysis: There is no right to require 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.
Legal basis: Labor 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 39 Where an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may, with the approval of the labor administrative department, implement other work and rest measures. 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 users2024-02-06Factories can negotiate with the unit for mandatory overtime, and if the negotiation fails, arbitration can be conducted. 1.Negotiation with the employer This method is based on mutual understanding and mutual concession between the two parties, direct dialogue and negotiation, and finally the employee and the employer reach an agreement on the disputed matters to resolve the dispute.
The advantage of this method is that it saves time, effort, and money, and does not hurt the feelings of each other, which is conducive to continuing and consolidating the labor relations formed in the past. The disadvantage of this method is that the worker and the employer do not negotiate on an equal footing, and the employer is often stronger, and most of the workers will suffer from such negotiation. 2.
Mediation After the occurrence of a labor dispute, the employee may apply to the labor dispute mediation committee of the unit for mediation. The advantages of the mediation method are also time-saving, labor-saving, and money-saving, and the relationship with the unit will not be too damaged.
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Anonymous users2024-02-05Summary. If the factory is forced to work overtime, the worker may first apply to the labor dispute mediation committee of the unit for mediation. If the mediation fails, the applicant may apply to the Labor Dispute Arbitration Commission for arbitration.
It is also possible to apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may directly file a lawsuit with the people's court.
Legal basis: Labor Dispute Mediation and Arbitration Law
Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.
Article 5: In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
How to solve the mandatory overtime in the factory.
If the factory is forced to work overtime, the worker may first apply to the labor dispute mediation committee of the unit for mediation. If the mediation fails, the applicant may apply to the Labor Dispute Arbitration Commission for arbitration. It is also possible to apply directly to the Labor Dispute Arbitration Commission for arbitration.
If the applicant is dissatisfied with the arbitral award, he or she may directly file a lawsuit with the people's court. Legal basis: Article 4 of the Labor Dispute Mediation and Arbitration Law provides that in the event of a labor dispute, the employee may negotiate with the employer, or invite the labor union or a third party to negotiate with the employer and reach a settlement agreement.
Article 5: In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
Hope it helps you <>
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Anonymous users2024-02-04Hello, if there is a shortage of mandatory overtime in the factory, you can first apply to the labor dispute mediation committee of the unit for mediation. If the mediation fails, you can also apply to the Labor Dispute Arbitration Commission for arbitration? In addition, the argument is to apply directly to the Labor Dispute Arbitration Commission for arbitration.
If you are not satisfied with the arbitral award, you can directly file a lawsuit with the people's court. I hope mine can help you.
1. If you want to resign, you only need to submit a notice of resignation to the employer in writing 30 days in advance (3 days in advance during the probationary period) Remember: the employer is required to sign your "Receipt of Delivery and Transfer (Documents and Materials) of the Employee", and the consent of the employer is not required. If you continue to work for 30 days, you can apply to the employer for resignation the next day, and the employer should handle the formalities (Article 31 of the Labor Law and Article 37 of the Labor Contract Law), pay your salary in full in a lump sum (Article 9 of the Interim Provisions on Payment of Wages), and issue you a certificate of resignation (Article 50 of the Labor Contract Law), otherwise the employer will be in violation of the law. >>>More
Apologize, whether you are right or wrong, your apology shows that your heart is broad-minded, maybe she really loves you, not when you are a substitute, you hurt her heart... Besides, let him pass the past, knowing that revisiting it would make the two of them uncomfortable... Good luck.
You can let your child choose the extracurricular clubs and training bases that interest him the most. You can't just agree to the child's various conditions on a whim because you don't let your child play with the computer or mobile phone. Parents should discuss with their children, consider it well, and let their children participate according to their own financial conditions.
From your description, I see that your husband is a perverse, impermanent, and scoundrel man. >>>More
If the husband and wife are angry, then one party must admit their mistakes first, so that the problem will not be deadlocked, and they must compromise with each other.