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Anonymous users2024-02-10Article 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 of 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 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.
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.
Article 45 The State implements a paid annual leave system.
Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.
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Anonymous users2024-02-09It is not legal, the statutory time is 8 hours, and overtime pay should be paid for the excess time.
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Anonymous users2024-02-08It is not legal, and the cumulative overtime work cannot exceed 36 hours per month.
For the national or public interest, such as emergency rescue and disaster relief, exceptions may be made.
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Anonymous users2024-02-07Completely illegal, dial 110 directly
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Anonymous users2024-02-06Legitimate. As long as the company can ensure that the workers have adequate rest and pay the wages of the workers in full, it is not illegal. The 12-hour break and 24-hour break belong to the comprehensive working hours system, which refers to the comprehensive calculation of working hours on a monthly, quarterly, annual and other cycles, but the average daily working hours and average weekly working hours should be basically the same as the statutory standard working hours.
Legal analysis
If the company implements the comprehensive working hours system, it needs to pass the approval of the comprehensive working hours system of the relevant departments, and if there is no approval of the comprehensive working hours system of the relevant departments, it is illegal, and you can go to the local labor and personnel dispute arbitration commission to apply for labor arbitration to protect your rights. During the period of comprehensive calculation of the week, the actual working hours of a specific day (or week) may exceed 8 hours (or 40 hours), but the total actual working hours in the comprehensive calculation period shall not exceed the total statutory standard working hours, and the excess part shall be regarded as extended working hours and remuneration shall be paid in accordance with the provisions of the Labor Law. Moreover, the average number of hours of extended working hours may not exceed 36 hours per month.
The employer should ensure that the employee has at least one day off per week. The comprehensive working hours system refers to the comprehensive calculation of working hours on a weekly, monthly, quarterly, annual and other cycles, but the average working hours and average weekly working hours should be basically the same as the statutory standard working hours. There are three types of working hours under the Chinese Labor Law, namely the standard working hours system, the comprehensive working hours system and the irregular working hours system.
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 38 The employer shall ensure that the worker has at least one day off per week.
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.
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Anonymous users2024-02-05In France, this company can arrange it by itself, and it is okay to have no more than 56 hours a week; Your type of work should be three shifts, that is, someone has been working all the time, without stopping!
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Anonymous users2024-02-04Legal Analysis: Illegal, the state implements that the daily working hours of workers do not exceed eight hours. The average working hours per week does not exceed 44 hours.
If an enterprise needs to extend its working hours due to production, it shall not exceed three hours per day and 36 hours per month, and it violates the relevant provisions of the Labor Law by working 12 hours a day.
Legal basis: Labor Law of the People's Republic of China Article 36 The State implements a working hour system 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 trade union and the workers, extend the working hours, which shall generally not exceed one small hour-long 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, under the condition of ensuring the health of the sedan body beside the worker.
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Anonymous users2024-02-03Summary. Hello, it is illegal to work 12 hours a day.
According to the regulations, 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 44 hours.
Due to the needs of production and operation, the employer may extend the working hours, which shall not exceed three hours per day but shall not exceed 36 hours per month under the condition of ensuring the health of the employee.
If it is exceeded, it is illegal.
Is it legal for companies to require 12 hours a day.
Hello, it is illegal to work 12 hours a day. According to the regulations, the state implements a system of working hours in which the daily working hours of workers do not exceed eight hours and the average weekly working hours do not exceed 44 hours. Due to the needs of production and operation, the employer may extend the working hours, and the extended working hours shall not exceed three hours per day, but shall not exceed 36 hours per month, provided that the health of the employee is guaranteed.
Whoever is overly withered is illegal.
Legal basis] Article 41 of the Labor Law stipulates that an employer may extend its working hours after consultation with the labor union and the workers due to the needs of large-scale production and operation, and generally shall not exceed one small pat of potato erection hours 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 36 of the Labor Law stipulates that the State implements a system of working hours in which the daily working hours of workers do not exceed eight hours and the average weekly working hours do not exceed 44 hours.
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Anonymous users2024-02-02The average working hours are 12 hours a day, which is generally illegal, but if the circumstances are special, such as natural disasters, accidents or other reasons, emergency treatment is required; or if production equipment, transportation lines, and public facilities fail, affecting production and public interests, and must be repaired in a timely manner, it is legal.
Legal basis
Article 36 of the Labor Law of the People's Republic of China.
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 Ono rough hours.
Article 41.
Due to the needs of the production and operation of the town, 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 for special reasons, the extended working hours shall not exceed three hours per day, but not more than thirty-six hours per month, provided that the health of the worker or the state 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.
9 a.m. to 3 p.m., but the settlement time is only based on 3 p.m. on weekdays. Bought before this time is counted as the current day, and after this time, the next trading day is counted.
Mine is, if the company's environment can be good in all aspects, the geographical reasons can be overcome by themselves. We can think of other ways to get up early, or buy a bicycle, or move our home to a company nearby, these are more feasible solutions. But a good work environment is hard to come by, so my advice is to go.
In addition to paying medical expenses for accidents, the company should also pay the following compensation, whose injuries constitute a grade 10 disability, and need to pay compensation for grade 10 disability, the legal basis is Article 37 of the "Regulations on Work-related Injury Insurance": If an employee is identified as a grade 7 to 10 disability due to work-related disability, he or she shall enjoy the following benefits: >>>More
Of course, he is responsible, as the person in charge of the enterprise, he can't even solve this kind of thing immediately, and he should be held responsible. I think the unit should be held accountable in general, and if it can't be negotiated, it will be sued.
Generally, the shift is arranged according to everyone's requirements, and if you really can't arrange it, you will be asked to go to work early and say it in advance. Maybe there are a lot of people in the restaurant, and I didn't pay attention for a while, talk to the shift manager, and tell him about the situation.