The pharmacy is working too long, is it necessary to pay overtime?

All units must abide by the work and rest system prescribed by the state, with the exception of troops.

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 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.

The above-mentioned legal provisions, my space is available, you can check it out.

You can resign immediately. Your boss is too dark, it's not worth dying for him, his body matters.

If the private boss doesn't pay your social security, you will resign and get paid and leave on the same day. If not, go to the labor bureau to complain.

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 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 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.

The first is that overtime pay should be paid in accordance with the provisions of the labor law; The second type is to take at least one day off per week.

Summary. According to the Labor Law of the People's Republic of China, an employer shall protect the legitimate rights and interests of its employees and shall not pay wages and remuneration to employees at a rate lower than the local minimum wage. In addition, the Labor Code stipulates working hours, rest and leave systems for workers.

Among them, the worker shall not work more than 44 hours per week, and the excess part shall be paid overtime pay at a rate not less than 150% of the worker's normal work remuneration. Workers shall have at least one day off per week.

According to the Labor Law of the People's Republic of China, employers should protect the legitimate rights and interests of employees, and do not grasp the wages and remuneration of those who are judged to be lower than the local minimum wage standard. In addition, the Labor Code stipulates working hours, rest and leave systems for workers. Among them, the worker shall not work more than 44 hours per week, and the excess part shall be paid overtime pay at a rate not less than 150% of the worker's normal work remuneration.

Workers shall have at least one day off per week.

According to the information you provided, the employees of this pharmacy work 12 hours a week, with only one day off a week, and the basic salary is 4,200 yuan. If the calculation is based on the 12-hour work week, the monthly allocation of work is less than 48 hours, so there is no question of overtime pay. However, if the employee's working hours exceed 12 hours and the weekly working hours exceed 44 hours, the employer shall pay overtime wages in accordance with the provisions of the Labor Blind Finger Law.

In addition, if the employee only takes one day off, it is not in accordance with the rest and leave system stipulated in the Labor Law.