Is it illegal to work more than 10 hours a day?

Updated on society 2024-05-17
8 answers
  1. Anonymous users2024-02-10

    It's not illegal. There is a provision in the Labor Law that the employer may arrange the working hours of the employee according to the situation. Especially in the service industry. In fact, there are a lot of 12 hours in the factory. However, overtime pay will be given accordingly.

  2. Anonymous users2024-02-09

    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.

    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 40 An employer shall arrange leave for its employees during the following holidays in accordance with law:

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

    3) International Labor Day;

    4) National Day;

    5) Other holidays and holidays as provided for by laws and regulations.

    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 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.

  3. Anonymous users2024-02-08

    It's not illegal, if it's 10-15 hours, you have to pay overtime.

  4. Anonymous users2024-02-07

    It's not illegal to pay you a salary.

  5. Anonymous users2024-02-06

    Illegal? We all work 24 hours a day, do you think it's still illegal?

  6. Anonymous users2024-02-05

    We work 270 hours a month and have a week without a break.

  7. Anonymous users2024-02-04

    This must be illegal, and the labor law stipulates that the working day should not exceed 8 hours.

    It was decided to make the following amendments to the "Provisions on the Working Hours of Employees":

    1. Article 3 shall be amended as: Employees work 8 hours a day and 40 hours a week. ”

    Article 5 shall be amended as: Where it is not possible to implement the standard working hours system of 8 hours a day or 40 hours a week due to the limitations of the nature of work or the characteristics of production, other methods of work and rest may be implemented in accordance with the relevant provisions of the state.

    According to the provisions of the "Labor Law" and the "Provisions on the Working Hours of Employees" (Order No. 174), China currently implements the standard working hours system of 8 hours a day and 40 hours a week. Enterprises with conditions should implement a standard working hour system.

    Some enterprises cannot implement the standard working hours system due to the nature of work and production characteristics, and should ensure that workers work no more than 8 hours per day, no more than 40 hours per week, and at least one day off per week.

    Therefore, it is illegal for an employer to work 11 hours a day. The worker may file a complaint with the labor inspectorate, who will order him to make corrections and impose a fine of not less than 100 yuan but not more than 500 yuan per person who has been violated.

  8. Anonymous users2024-02-03

    Legal Analysis: It is illegal to work 12 hours. The labor law stipulates that the working hours of the unit exceed the legal hours for eight hours a day, which is an illegal act, and the employee can file a complaint with the labor department.

    According to the relevant laws and regulations, an employer shall not extend the working hours of an employee in violation of the provisions of this Law. 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: Article 5 of the Labor Law of the People's Republic of China If an employer extends the working hours of an employee by more than three hours per day or by more than thirty-six hours per month, it shall be given a warning, ordered to make corrections, and may be fined not more than 100 yuan for each employee for each hour of working hours. You can file a complaint with the labor administration department by providing the relevant overtime order.

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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. >>>More

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Unreasonable, according to the national regulations of the working day is eight hours, but this company may have something that requires you to work overtime, special circumstances, special treatment, he will not tell you to be like this every day, and the person's energy can not keep up, there will be an accident, if it is like this every day, you can make a resignation report, do not do it or to, the labor bureau sues him.

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What if it is against the law?

20 answers2024-05-17

The company's calculation of working hours is generally based on the time period to count, and the excess actual working time is in principle overtime, but there is no basis for implementation, if the company does not admit that there is no way, look at the owner.

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Hehe, it's like going to jail! The work I do is the assembly line, you have to have someone to go to the toilet for you, no one has to hold it back, you have to sign in to the toilet, what time to go and what time to come back. Standing for twelve hours, eating for half an hour. >>>More