The boss of the private company counted the compulsory overtime for us on the weekend, and the overt

You can sue him, but most likely you will be expelled.

It is a common practice in the private sector, and some large companies are also like this, if you are not satisfied, there is only one way, and that is to quit.

None of the above is legal. Individuals or private companies are like this, although it is not legal, but it is tacitly acquiesced by the people, and you can do it everywhere. Of course, you can sue, but after you sue, you will definitely be fired, and it will be the same wherever you go.

Either you go straight to a regular company, or you can only bear it. In fact, it's not that they don't want to be legal, it's just that their level of ability and scale is not enough to reach the legal level, so they can only be illegal.

Neither legally. Go to the TV station**.

But I guess you won't be able to get along in the company.

The first is to deduct wages according to this, don't you still lose a little less, anyway, overtime and don't give money, at most you lose a little when you settle before leaving, it is normal to take leave and deduct wages, otherwise everyone asks for leave, how to operate the enterprise.

Although working overtime is hard, I don't know how much hardship the older generation has endured to get to where we are today.

The above two issues, from a legal point of view, are both illegal, and you can also report them.

However, from your own point of view, you'd better not be stupid, after the lawsuit, the company is unlucky, you have your own rights protection, everyone has paid a little bit of a drop in the bucket, the boss is angry, you are gone, and it is the same when you get to the new unit, and once someone in your new unit investigates your background, they know that you are a person who cannot tolerate the requirements of the enterprise, do you think you can do it for a long time?

Therefore, it is better to honestly consider how to work and improve the work efficiency of the enterprise, the boss values you and will naturally compensate you, or you simply change companies.

Legal analysis: If overtime is arranged on weekends, in practice, compensatory time off is usually arranged, and if compensatory time off cannot be arranged, then overtime pay must be paid. Therefore, if overtime is arranged on weekends but no overtime pay is paid, it depends on the specific situation.

If you arrange a compensatory leave later, you don't need to give it. However, if you do not arrange compensatory leave and do not pay overtime pay in accordance with national regulations, you can try to negotiate with the company, mediate with relevant departments, apply for labor arbitration, and file a lawsuit in the court.

Legal basis: Labor Law of the People's Republic of China Article 44 In 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) If the employee is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, 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.

Analysis of legal history: If a private enterprise does not pay overtime pay for overtime work on holidays, it is illegal. The worker may file a complaint with the labor administrative department, which shall then order the payment of wages and remuneration and economic compensation to the employee, and may also order the payment of compensation.

In 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. If the employee is arranged to work longer hours, the employer shall pay a wage remuneration of not less than 150% of the wage; 2. If the worker is arranged to work on a rest day and cannot arrange a compensatory break, the wage remuneration shall not be 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.

Legal basis: Article 44 of the Labor Law of the People's Republic of China In any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the normal working hours of the laborer 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) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, 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 the wage.

At this time, we should learn to communicate with the boss, because after all, it is related to our rights and interests, if the communication fails, we can seek help from the relevant departments.

You can make suggestions to your boss to either pay overtime or don't work overtime, otherwise it will have a certain impact on everyone's health.

At this time, you should first discuss with the leader, propose a certain compensation, and if the boss does not agree, you can also report with the corresponding evidence, so as to protect your rights and interests.

Resign, because in such a company, you can't change the situation, so find another company.

Who are you? If you do not receive overtime pay, you can file a complaint with the labor and social security supervision department or call 12333 labor and social security**, and you can also apply for arbitration at the arbitration commission and the people's court. Going through the legal process is complicated.

After the implementation of the Labor Dispute Mediation and Arbitration Law, if the overtime wages recovered in the application for arbitration do not exceed the total amount of the local 12-month minimum wage, then the "arbitration" procedure can be finalized and the award will be completed within 45 days, and will not be delayed for a long time as in previous years. It should be reminded that the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases stipulates that if an employee claims overtime pay, he or she shall bear the burden of proof for the existence of overtime work, but if the employee has evidence to prove that the employer has evidence of the existence of overtime work, and the employer fails to provide it, the employer shall bear the adverse consequences. Therefore, it is necessary to "keep an eye on it" and pay attention to collecting and preserving relevant evidence when working overtime.

For example, a copy of the attendance sheet, an overtime schedule sheet stamped with the official seal, a record of work during overtime, a record of handling incoming and outgoing goods during overtime, a work document made overtime, a sales record handled by yourself, an outbound order, etc. In addition, the testimony of colleagues who work overtime together and the testimony obtained from visiting customers during overtime hours can also play a role as evidence in specific monitoring and arbitration. Good luck!!!

According to Article 85 of the Labor Contract Law, if an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Article 44 of the Labor Law stipulates that under any of the following circumstances, the employer shall pay the employee a wage 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) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, 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.

If an employer arranges for an employee to work overtime but fails to pay overtime wages in accordance with the above-mentioned provisions of the Labor Law, it is an illegal act and shall bear legal liability in accordance with the law.

Prepare labor contracts, overtime certificates and other supporting materials.

If there is no way to negotiate with the employer, you can file a complaint with the labor inspection brigade and apply to the labor arbitration commission for arbitration.

Overtime pay can be obtained directly from the employer. If the employer refuses to pay overtime pay or arrange for the employee to take time off, this behavior is illegal, and the employee can apply for labor arbitration and mediation or report to the local labor inspection authority. In accordance with the provisions of Article 40 and Article 44 of the Labor Law, if overtime is arranged on statutory holidays, overtime workers shall be paid according to the standard of not less than 300% of the salary; If overtime is arranged on a rest day, it may be compensated, and if it cannot be compensated, overtime wages shall be paid at the rate of not less than 200% of the salary.

Legal basisArticle 44 of the Labor Law.

In 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) If the worker is arranged to work for an extended period of time, the employer shall pay the wage remuneration not less than 150% of the wage; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, 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.

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;

3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

1. Three times the salary for overtime on statutory holidays.

Article 44 of the Labor Law stipulates that under any of the following circumstances, the employer shall pay the employee a wage higher than the wage for normal working hours according to the following standards:

1. If a worker is arranged to work longer hours, he or she shall be paid a wage remuneration of not less than 150% of the wage;

2. If the worker is arranged to work on the rest day and cannot arrange compensatory rest to bury the spine, the wage remuneration shall not be 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.

According to the Measures for the Examination and Approval of the Implementation of the Irregular Working Hours System and the Comprehensive Calculation of Working Hours by Enterprises issued by the Ministry of Labor, enterprises may implement the irregular working hours system for employees who meet one of the following conditions.

1. Senior managers, field staff, sales personnel, some on-duty personnel and other employees who cannot be measured by standard working hours due to their work;

2. Long-distance transportation personnel, taxi drivers and some loading and unloading personnel of railways, ports and warehouses in the enterprise, as well as employees who need to work due to the special nature of their work;

3. Other employees who are suitable for irregular work due to production characteristics, special needs of work or scope of responsibility.

2. Is overtime pay taxable?

1. Overtime pay is subject to individual income tax. Overtime pay is included in the total salary of employees and is combined to calculate individual income tax.

2. According to the provisions of the "Provisions on the Composition of Total Wages", the total wages are composed of the following six parts: hourly wages; Piece; Bonus; allowances and subsidies; overtime pay; Wages paid in exceptional circumstances.

3. The taxation content of individual income tax includes: income from wages and salaries, which refers to the wages, salaries, bonuses, year-end salary increases, labor dividends, allowances, subsidies and other income related to the position or employment obtained by individuals due to their positions or employment. That is to say, as long as the income obtained by an individual is related to his position or employment, regardless of the capital expenditure channel of his unit or paid in cash, in kind, valuable **, etc., it is the object of taxation of wages and salaries.

According to Article 41 of the Labor Law, the company shall obtain the consent of the employee when arranging overtime work for production and operation needs, and the employee has the right to refuse to work overtime. However, if the employee refuses to work overtime, he or she shall inform the company.

Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.