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If a factory overtime is overtime, it shall file a complaint with the labor and social security administrative department, which shall give it a warning and order it to make corrections within a time limit.
Regulations on the Supervision of Labor and Social Security
Article 11 The administrative departments for labor and social security shall carry out labor security supervision on the following matters:
5) The employer's compliance with the provisions on working hours, rest and vacation;
Article 17 The investigation of violations of labor security laws, regulations or rules by the administrative department for labor security shall be completed within 60 working days from the date on which the case is filed; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.
Article 25 Where an employer extends the working hours of a worker in violation of labor security laws, regulations or rules, the labor and social security administrative department shall give a warning, order it to make corrections within a specified period of time, and may impose a fine in accordance with the standard of not less than 100 yuan but not more than 500 yuan per person who has been infringed upon.
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Hello, according to the provisions of China's labor contract law, you can apply for arbitration resolution at the labor dispute arbitration commission! Have a great day!
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According to Article 36 of the Labor Law of the People's Republic of China, the State implements that the daily working hours of workers shall not exceed eight. You can complain to your local labor bureau, which is called the Human Resources Bureau in some places and the Labor and Social Security Bureau in others.
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Go to the union at the factory to complain.
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Legal Analysis: If the employer forces the employee to work overtime, it can file a complaint with the local labor inspection brigade. You can choose to report in one of the following ways:
1. The facts, legal basis and evidence of the company's evasion of the labor law can be collected and mailed together in the form of letters to the local labor department's petition or supervision department for processing.
2. Directly bring the relevant materials to the petition department of the labor department to fill in the report.
3. You can also call the local labor bureau.
4. Find the local labor bureau to complain online, and submit information for anonymous complaints.
Legal basis: Article 31 of the Labor Contract Law of the People's Republic of China Employers shall strictly implement the labor quota standards and shall not force or covertly compel workers to work overtime. If an employer arranges overtime, it shall pay overtime pay to the employee in accordance with the relevant provisions of the state.
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If the factory overtime is overtime, it shall file a complaint with the labor and social security administrative department and submit a complaint. The labor and social security administrative department shall give a warning and order it to make corrections within a specified period of time. If an employer extends the working hours of an employee in violation of labor security laws, regulations or rules, the labor and social security administrative department shall give a warning, order it to make corrections within a specified period of time, and may impose a fine of not less than RMB 100 but not more than RMB 500 per person for each of the injured workers.
Factory overtime complaint process:
1. Complain from the complaint portal on the official website of the labor department;
2. Call the relevant labor department directly for complaints**, or call the citizens ** to complain;
3. Bring the relevant materials to the window of the labor department within the jurisdiction of the employer to make a complaint, and submit it to the relevant personnel for acceptance, and issue a receipt of acceptance.
1. What should I do if overtime pay is in arrears?
1. Under normal circumstances, the base for calculating overtime wages shall be determined according to the wage standards agreed in the labor contract. Under the condition that it is not lower than the minimum wage, the employer and the employee can freely agree on a reasonable calculation base of overtime pay in the labor contract.
2. The employer shall conduct overtime statistics every month, and have the employee sign to confirm that the overtime hours shall be subject to the overtime statistics.
3. The attendance system should echo the overtime system, and the employer should keep attendance records for no less than 2 years.
4. Specify overtime wages on the payroll.
5. During the existence of the labor relationship, if the employer defaults on the overtime wages of the employee, the employee may file an arbitration with the labor dispute arbitration department at any time to request the employer to pay the overtime wages without being limited by the statute of limitations; Within one year after the end of the employment relationship, if the employee claims rights, requests rights and remedies from the relevant authorities, or the employer agrees to pay, the statute of limitations for arbitration shall be recalculated.
Second, the type of overtime.
1. Overtime on weekdays.
2. Overtime on weekends and statutory holidays.
3. Overtime work of government agencies and institutions.
Legal basis: Labor Contract Law of the People's Republic of China
Article 5 The people's labor administrative departments at or above the county level, in conjunction with representatives of trade unions and enterprises, shall establish and improve a tripartite mechanism for coordinating labor relations, and jointly study and resolve major issues related to labor relations.
Article 80 Where the rules and regulations of an employer directly related to the vital interests of the workers violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give it a warning; If any damage is caused to the worker, he shall be liable for compensation.
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If the factory works overtime, the worker can go to the labor and social security administrative department to file a report, and it is necessary to provide certain evidence, but not much evidence is required. Generally speaking, after receiving a report, the labor and social security administrative department will take the initiative to carry out an investigation, so there is no need for much evidence.
[Legal basis].
Article 9 of the Regulations on the Supervision of Labor and Social Security provides that any organization or individual has the right to report to the administrative department for labor security any violation of laws, regulations or rules on labor security. If a worker believes that the employer has infringed upon his or her legitimate rights and interests in labor security, he or she has the right to lodge a complaint with the labor security administrative department. The administrative department for labor and social security shall keep the informant confidential; Whistleblowers who report truthfully and provide the main line and evidence for the investigation and punishment of major violations of labor security laws, regulations, or regulations will be rewarded.
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If the employer forces the worker to work overtime, you can file a complaint with the local labor inspection brigade. You can choose to report in the following ways: First, you can collect the facts, legal basis and evidence of the company's avoidance of labor laws, and send it in the form of a letter to the local labor department's complaint or supervision department.
2. Directly bring the relevant information to the complaint department of the labor department to fill in the report. 3. You can also call ** to the Labor Bureau. 4. Find the local labor bureau **complaint** and submit anonymous complaint information.
Article 9 of the Regulations on the Supervision of Labor and Social Security provides that any organization or individual has the right to report to the administrative department for labor security any violation of laws, regulations or rules on labor security. If a worker believes that the employer has infringed upon his or her legitimate rights and interests in labor security, he or she has the right to lodge a complaint with the labor security administrative department. The administrative department for labor and social security shall keep the informant confidential; Whistleblowers who report truthfully and provide major clues and evidence for the investigation and punishment of major violations of labor security laws, regulations or rules will be rewarded.
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Article 36 of the Labor Law of the People's Republic of China The State shall exercise caution in the daily working hours of laborers. You can complain to your local labor bureau, some places are called the Human Resources Bureau, and some places are called the Labor and Huai Leadjing Social Security Bureau.
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You can complain to the local labor inspection brigade that the employer should pay overtime wages. ”
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The factory should complain to the labor and social security administrative department for overtime and submit a complaint to Lu Pei. The labor and social security administrative department shall give a warning and order it to make corrections within a specified period of time. If an employer extends the working hours of an employee in violation of labor security laws, regulations or regulations, the labor and social security administrative department shall give a warning, order it to make corrections within a time limit, and may impose a fine according to the standard of not less than 100 yuan but not more than 500 yuan per person who has been infringed.
[Legal basis].Article 25 of the Regulations on the Supervision of Labour and Social Security.
If an employer extends the working hours of an employee in violation of labor security laws, regulations or rules, the labor and social security administrative department shall give a warning, order it to make corrections within a specified period of time, and may impose a fine according to the standard of between 100 yuan and 500 yuan for each of the aggrieved workers.
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