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It is supported and advocated by law that the company does not arrange overtime for employees.
According to Articles 41 and 44 of the Labor Law, if an employer arranges an employee to work overtime due to the needs of production and business work, it shall negotiate with the labor union and the employee, obtain the consent of the employee, and shall not exceed 3 hours per day and 36 hours per month, and pay wages and remuneration in accordance with the standard for overtime work. The law does not advocate overtime, restricts overtime in many aspects, and advocates and supports overtime if it is not arranged.
Article 41 of the Labor Law The employer may, after consultation with the labor union and the workers, extend the working hours due to the needs of production and operation, 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 3 hours per day but shall not exceed 36 hours per month under the condition of ensuring the health of the worker.
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.
Article 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.
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This falls within the scope of the company's own management.
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The workplace is not emotional. Many times, we are embarrassed to admit this because of our face. When you talk to the company about your feelings, the company will talk to you about the system; When you talk to the company about the system, they will start playing the emotional card for you again.
Therefore, in the workplace, we must always keep a clear and rational mind, which is what we deserve, and we must get it. Only what is held in the hand is the most real, and everything else is illusory.
To put it bluntly, the company wants the horses to run, but also wants the horses not to eat grass. But how can there be a free lunch in the world! In this case, to apply for arbitration is really a quasi-lawsuit, since they are ruthless, don't blame you for being unjust.
Besides, this is what you deserve, and there is nothing that cannot be erased.
<> so I hope that employers can do things in a proper manner, either so that employees can commute to and from work normally, or pay overtime pay. I hope everyone can have a fair and just working environment!
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First of all, you should calm down and have a good chat with the leader, ask why you don't pay overtime for overtime, and the boss is always unwilling to pay the salary, then you should report to the labor bureau and ask the other party for compensation.
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This is what employees need to go to the place of human resources to fight for and get their rights and interests back.
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I think it is very necessary for employees to communicate with their leaders, or to report to the relevant departments accordingly.
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Employees can refuse. Employers shall not arbitrarily arrange overtime work for those who work overtime, and shall not force workers to work overtime or covertly force workers to work overtime. If there is a real need, such as due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and Hongjing Demolition Workers, but it shall not exceed one hour per day, and the maximum shall not exceed three hours under special circumstances, and shall not exceed 36 hours per month.
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Hello, the answer to your question is as follows, except for the company arranging overtime in accordance with Article 42 of the Labor Law, the employee may refuse to work overtime. According to Article 41 of the Labor Law, if a company arranges overtime for its employees due to the needs of production and operation, it shall negotiate with the labor union and the workers, and the workers have the right to refuse to work overtime by notifying the supervisor or the management personnel who arrange the overtime. However, if the company arranges overtime work in accordance with Article 42 of the Labor Law, the employee shall not refuse.
Article 41 of the Labor Law The employer may, after consultation with the labor union and the workers, extend the working hours due to the needs of production and operation, 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 3 hours per day but shall not exceed 36 hours per month under the condition of ensuring the health of the worker. 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 occur that threaten the life, health, or property safety of laborers, 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.
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In order to run smoothly, many companies will require employees to work overtime compulsorily, and the rest time will be used for overtime will make employees unhappy, and if the company still refuses to pay overtime, as an employee will definitely be angry. So, what should the company do if it forces overtime and does not pay overtime? Follow the network to learn more.
What should I do if the company forces overtime and does not pay overtime?
Resolve it through legal means. In accordance with Article 44 of the Labor Law, if overtime is arranged within a standard working day, a wage remuneration of not less than 150% of the salary shall be paid; If overtime is arranged on rest days and compensatory rest cannot be arranged, a wage remuneration of not less than 200% of the salary shall be paid; If an employee is assigned to work on a statutory holiday, he or she shall be paid no less than 300% of the wage. What should I do if I don't pay overtime pay for overtime, and if the unit refuses to pay overtime pay, it can complain and report to the labor inspection department.
If the employer is in arrears of wages or fails to pay overtime pay, it may, in accordance with the provisions of the Labor Contract Law, directly notify the employer to terminate the labor relationship, require the employer to pay the overtime pay in full, and may require the employer to pay economic compensation.
Employees may file a complaint with the labor inspection department in accordance with the law to demand payment of overtime pay in arrears, or apply for labor arbitration to demand payment of overtime pay and economic compensation.
Labor Contract Law
Article 38 A worker may terminate a labor contract under any of the following circumstances:
1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;
2) Failure to pay labor remuneration in full and in a timely manner;
3) Failure to pay social insurance premiums for workers in accordance with the law;
4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;
5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.
If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;
3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;
6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;
7) Other circumstances provided for by laws and administrative regulations.
If the company has to file a lawsuit for mandatory overtime and does not pay overtime pay, you can provide legal advice.
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Recently, it has been particularly difficult to deploy staff work. Whenever I gave the staff more work and asked them to work overtime, the staff asked me. The salary I got was 5,000 yuan, and 5,000 yuan was enough.
Why do you need to do a workload of 7,8000 RMB? At this time, the boss was speechless, and the boss was also reflecting. Why do employees work overtime?
What should I do if I ask my employees to work overtime and they are unwilling? There are several situations in which employees do not obey the work requirements of the leader, produce rebellion, and even appear tough. The boss's leadership skills are not good, and there are differences in daily work management and leadership skills.
Management is the process of PDCA, which is actually the process of assigning work objectives and work content to subordinates and supervising their completion. Leadership.
It's the influence of authority. Position power is the power of the above management**, but in the process of using position power, there are coercive elements such as rewards and punishments, which can cause a sense of alienation and fear among employees. Influence is the influence that an individual has on the people around them, and influence can follow.
Therefore, influence is the source of leadership. If the superior has enough influence over the subordinate to make the subordinate unconsciously make follow-up actions, leadership skills will be generated. What should I do if I ask my employees to work overtime and they are unwilling?
Scheduling work through management actions will create antagonistic emotions for subordinates, at least psychologically. This requires the boss to explain why you are doing it and why you are working overtime. If managers are busy, they will ignore this link.
Over time, let the staff build a relationship and say, "The salary I get is 5,000 yuan, and about 5,000 yuan is enough." Why do you need to do a workload of 7800 yuan?
Would say. Giving work to employees through leadership is another playbook. After the leader completes the current workload and work requirements, the subordinates have asked for a larger workload, or even snatched more work, so they look for a "relationship" with the leader.
Isn't it interesting to think about this situation?
Management is the leader asks his subordinates to do things, and the leader is his subordinates who ask them to do things themselves. So in your situation, do you have to analyze whether there is a problem with the way you manage? And, are the personal skills and charisma falling short of the employee's expectations?
Young people, and even some senior office workers, often hear "how much to give, how much work to do". From the point of view of human nature, there is no problem with this sentence at all. However, it is not suitable for use in the workplace.
If a young graduate has this mentality, and shows this attitude in the first few years of work, he or she may outperform the work skills and work experience of his classmates who are not too careful.
The accumulation is much less.
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In order to adapt to market competitiveness, many companies need employees to work overtime, but employees cannot be forced to work overtime, and overtime should be given corresponding overtime pay, so as to motivate employees.
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At this time, some rewards can be formulated, or the leader should invite the employees to dinner, so that the employees will definitely stay and be willing to work overtime.
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Legal basis: Article 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, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.
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In the workplace, we often encounter such a situation: after work, the leader suddenly comes to the message and asks for immediate processing. What do you do when you're eating, bathing, or getting ready to rest?
Is it an instant second return? Or do you wait a while and reply?
If you choose to return immediately, then there are likely to be two situations: first, the leader thinks that you are not active in your work and have not done a good job; Second, your actions may cause dissatisfaction and complaints from colleagues, leading to tension in the relationship.
1. Do you dislike sending messages to leaders after work?
Therefore, when we are at work, we receive some inconsequential text messages or **, we can just ignore them. However, if it is more important information, such as notifying for meetings, scheduling tasks, etc., it is different.
After all, no one's job is easy, especially for those who need to work overtime a lot. If, because of a simple message, you delay your normal rest, it will be more than worth the loss.
02. If you encounter this situation at work, what will you generally do?
In fact, different people will have different approaches to this problem. Some will reply immediately, others will wait, and some will simply ignore it.
The first type of people, they are generally acute, as long as there is an emergency, they will deal with it as soon as possible, and will not procrastinate. However, people with this kind of personality are often easy to offend others, because they are too eager to do things and do not know how to consider the feelings of the other party, which is easy to make people disgusted.
The second type of people are generally more easy-going, they don't like to be careful, they don't get angry easily, and they won't change their rhythm of life because of a word from others. However, this kind of person often lacks assertiveness, is easily influenced by others, and is easy to be led by the nose.
The third type of people are more tactful and know when to say something. Moreover, they have a relatively high emotional intelligence, know how to read words and feelings, and can grasp the balance well, neither offending others nor putting themselves in an embarrassing situation.
3. How to not only affect personal life, but also respond to the leader's arrangement in a timely manner?
1.Have the right attitude.
Although we can't spend our time freely during work, we can't ignore our responsibilities because of this. After all, we are employees of the company, not nannies, and we can't take care of everything.
2.Be principled.
Whether you are a person or a worker, you should have your own bottom line. That is to say, when working, you must be conscientious and responsible, and do not shirk your responsibilities with the department, otherwise it will bring trouble to yourself.
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