100 hours of overtime a month? So much?

According to Article 41 of the Labor Law, the employer shall negotiate with the employee to extend working hours (i.e., overtime). Since it is a negotiation, of course, there should be a consensus on overtime hours and overtime pay, otherwise it is forced labor.

There are only four situations in which overtime work may not be refused: in the event of a natural disaster, accident or other reason, the safety and health of the people and the country's assets are seriously threatened and need to be dealt with urgently; Failure of production equipment, transportation lines, and public facilities, affecting production and public interests, must be repaired in a timely manner; It is necessary to use the suspension period of statutory holidays or public holidays to overhaul and maintain the equipment; In order to complete the emergency tasks of national defense, or to complete other emergency production tasks arranged by the superior in the state plan, as well as the urgent tasks of commercial and supply and marketing enterprises to complete the purchase, transportation, and processing of agricultural and sideline products in the peak season.

In addition to these 4 situations, the employer requires employees to work overtime, and it must be negotiated with the employees. If the employer uses improper means to require employees to work overtime, the employees may refuse. Although the employee may not refuse to work overtime in the above four cases, the employer should still pay overtime wages, which must be paid in accordance with the standards stipulated in Article 44 of the Labor Law.

If the labor remuneration or overtime wages are in arrears or deducted, it may be resolved in accordance with Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts and Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

The calculation of overtime remuneration shall be carried out in accordance with the following provisions:

1, "Country. Business. Article 3 of the Provisions of the Hospital on the Working Hours of Employees.

2. Article 44 of the Labor Law of the People's Republic of China.

3. Notice on the Average Monthly Working Hours and Wage Conversion of Employees throughout the Year.

My Space has the legal provisions mentioned above, which you can check out.

Violation of Article 41 of the Labor Code.

Legal analysis: 176 hours (inclusive) of monthly working hours are normal working hours, and if there are more than 176 hours, overtime hours are counted. Of these 48 hours, 44 hours are paid at double wages, and 4 hours in excess of 220 hours shall be counted as double wages.

Legal basis: Labor Law of the People's Republic of China

Article 38 The employer shall ensure that the worker has one day off every week until the manuscript is disorganized.

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.

Legal analysis: overtime must not exceed 36 hours per month. If the company requires overtime work without consultation with the employee, the employee has the right to refuse the legally permissible conditions, except for the legally permissible conditions, and the dispute can be submitted to arbitration for processing.

The law stipulates that overtime work shall not exceed 36 hours per month outside of normal working conditions.

Legal basis: Labor Contract Law of the People's Republic of China Article 31 Employers shall strictly enforce the labor quota standards and shall not force or covertly compel workers 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.

Labor Law of the People's Republic of China Article 41 Due to the needs of production and operation, an employer may extend its 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, under the condition of ensuring the health of the workers.

Legal Analysis: If you work more than 100 hours of overtime in a month, then it is definitely not legal. We can go to the labor arbitration brigade to make a report.

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.

Where it is illegal to work more than 100 hours of overtime in a month, overtime must not exceed 36 hours per month. Therefore, if the cumulative overtime hours exceed 36 hours per month, it is a violation of the relevant laws. At the same time, the employer shall pay the employee a wage remuneration higher than the employee's normal working hours according to the following standards:

The calculation standard of overtime pay is as follows:

1. If the worker 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 the wage.

In the case of a working hour system in which the working hours of an employee shall not exceed eight hours per day and the average weekly working hours shall not exceed forty-four hours, the employer shall ensure that the employee has at least one day off per week.

Legal basisArticle 41 of the Labor Law of the People's Republic of China.

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 under the condition of ensuring the health of the workers, but shall not exceed thirty-six hours per month.

Legal analysis: In general, the 8-hour working day stipulated by the state is considered overtime if it exceeds 8 hours. However, many Internet companies and state-owned enterprises now work 7 hours, and as long as they do not leave work after the end of the work time, they are considered overtime.

Let's say you go to work at 9 o'clock, take a two-hour break at noon, and leave work at 6 p.m. Then you work from 9:00-12:

In fact, you only work 7 hours, but from 6 o'clock onwards you count overtime. However, the overtime system of many companies is not perfect, and some listed companies may give you overtime pay according to overtime hours, calculated in hours, but there are also many companies that are compensatory leave, and many companies are obligated to work overtime.

Legal basis: Labor Law of the People's Republic of China

Article 44 In any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for the hours they work on a regular basis in accordance with the following standards: (1) If the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a laborer is arranged to work in a shed on a rest day and cannot arrange a compensatory break, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where 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 46 The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented. The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control over the total amount of wages.

Article 47 An employer shall, on the basis of the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and wage level of its unit in accordance with law.

It's very tiring.

If an enterprise works overtime for more than 100 hours a month, it will inevitably seriously overdraft the health of employees, and the body will definitely not be able to bear it for a long time, which will damage the right to health of employees. Therefore, if an employee resigns on the basis of saying that he has worked overtime during his long training and overtime, his health has been seriously affected and he is unable to work, and the company will not be able to escape if he asks the company to pay economic compensation.

According to the relevant provisions of the Labor Contract Law, if the company's rules and regulations violate the law and damage the rights and interests of employees, then the employee may propose to terminate the labor contract on this basis. In this case, the company is required to pay financial compensation to the employee.

Specifically, the enterprise allows employees to take more than 100 hours of overtime every month, but the labor law stipulates that the maximum overtime is 36 hours, which means that the overtime work of the enterprise has been illegal, and the overtime system of the enterprise (whether there is a written provision or not) is not in accordance with the law and is invalid. In the case of violation of the enterprise system, the employee is required to pay financial compensation for resignation.

Effective measures to avoid overtime

1. Improve work ability

Some necessary workplace skills, such as typing document processing, Excel formula use, etc., are proficient in basic work skills, which can improve our daily work efficiency, and can be completed quickly even if there is a temporary increase in work. Complete your tasks within working hours with quality and quantity to avoid overtime if you can't complete your work.

2. Do a good job of basic accumulation

Usually classify the work materials so that they can be called at any time. Arrange time for important and non-urgent work to be completed, and avoid delaying such work to urgent moments. Develop a good habit of handling work in a timely manner, and try to complete the work in advance, so as not to have time to do urgent tasks at short notice.

Legal Analysis: If the overtime hours in a month exceed 100 hours, then Kenhuju is not legal. We can go to the Labor Answer Town Arbitration Team to report.

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.

[Legal Analysis].No more than 36 hours of overtime work per month. Therefore, if the cumulative overtime hours per month exceed 36 small penalty hours, then it is a violation of the Labor Contract Law.

Legal basisLabor Contract 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 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, under the condition of ensuring the health of the workers.