Is it necessarily illegal for a company to stipulate a 10 hour working day 20

What if it is against the law?

Hello. The company's practices violated the relevant provisions of the labor law.

Article 36 of the Labor Law stipulates that the State shall stipulate that the daily working hours of workers shall not exceed eight hours. A system of working hours in which the average working hours per week does not exceed 44 hours.

Article 37 stipulates that for workers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system stipulated in Article 36 of this Law.

Article 38 stipulates that the employer shall ensure that the employee has at least one day off per week.

Article 39 stipulates that enterprises cannot implement Article 36 of this Law due to the characteristics of production. Article 38 stipulates that other work and rest measures may be implemented with the approval of the labor administrative department.

Article 40 stipulates that an employer shall arrange leave for employees during the following holidays in accordance with the law:

a) New Year's Day; 2) Spring Festival;

3) International Labor Day;

4) National Day;

5) Laws. Other holidays and holidays stipulated by regulations.

Article 41 stipulates that due to the needs of production and operation, the 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 stipulates that under any of the following circumstances, the extension of working hours shall not be subject to the restrictions of Article 41 of this Law:

a) The occurrence of natural disasters. Accidents or other reasons threaten the life, health and property safety of workers and need to be dealt with urgently;

2) Production equipment. Transportation routes. The failure of public facilities affects production and public interests, and must be repaired in a timely manner;

iii) Laws. Other circumstances provided for by administrative regulations.

Article 44 stipulates that under 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) 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 51 stipulates that the employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law.

According to labor laws.

The company's regulations have completely violated the relevant provisions of the labor law and are therefore illegal. In addition, the employer must ensure that the employee has at least one day off per week, and pay overtime pay for the excess working hours in accordance with the relevant regulations.

However, many companies require employees to work overtime and deduct money if something goes wrong.

It's completely untenable for companies to have employees work 10 hours a day. However, we found that there are many employees around us who work 10 hours a day, especially some large Internet companies.

Many implement 996, on the one hand, because enterprises require employees to work overtime in order to reduce costs and maximize benefits, so we can collect relevant evidence of overtime and conduct labor arbitration.

Require the company to pay overtime wages.

If you encounter this kind of salary that often asks for overtime, I recommend just leaving. Now there are some small companies, simply do not comply with the relevant provisions of the labor law, often squeeze and exploit employees, and even owe employees wages, because many employees do not have much legal awareness, plus there is not much money, so even if they suffer a little loss at work, there is not too much accountability, and it is this way of dealing with it, so that many enterprises have intensified, resulting in employees are not working overtime, or on the way to overtime, and rarely have their own personal rest time.

Now there is increasing pressure of competition in the country. On the one hand, due to the economic downturn, on the other hand, the number of graduates every year is increasing, which also leads to more and more competition for a position, and enterprises will have more bargaining space, and even put forward some excessive requirements, after all, you are not willing to come, others are willing to come, it is this vicious circle that leads to the frequent occurrence of enterprise pathology, which requires the state to strengthen supervision.

Illegal. Because the general work cannot exceed 8 hours, and if it exceeds 8 hours, it must be voluntary, not forced, so I think it is not legal.

This is not legal because the labor law stipulates that the working day should be 8 hours, and overtime pay is required if it is exceeded.

This is not legal at all, because the labor law stipulates that everyone can work eight hours a day, and if they exceed half an hour, they will have to pay extra overtime.

Square peg. The normal working hours are usually 8 hours, and the company will act as an oppressive behavior, so you must report it.

Illegal.

The labor law stipulates that 8 hours a day, 40 hours a week, in principle, overtime can be allowed, in principle, a certain number of hours per day shall not be extended, and how many hours of overtime per month shall not be allowed, and the employee must communicate and agree, and give overtime pay or compensatory leave. Except for special emergencies. If you exceed 12 hours a day, it is definitely a violation of labor laws, and even overtime pay is not legal.

If you want to protect your interests, you need to pay attention to a few things:

First, whether the working hours of a private enterprise are 12 hours are written into the labor contract or job responsibilities, as long as there are clear provisions, one is allowed. Black and white, it's an illegal act. You wrote it down on paper, it's a knowing.

Take the written evidence, don't go to court, and immediately sentence the enterprise to lose. If you should be compensated for overtime pay, you will be compensated for overtime pay according to the regulations.

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 38 The employer shall ensure that the worker has at least one day off per week.

Legal 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.

Summary. 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.