Is such a system legal? Whether such a work system is legal

Fairness in formulation and openness in implementation. Fairness refers to the system's prior provisions on matters that do not matter and matters that occur in the future, and the most impermissible thing is that the right to interpret the system is the private property of the formulator (which can be regarded as an overlord clause), and at the same time, the system of all employers must not conflict with the current laws and regulations (especially the Labor Contract Law). Openness means that the implementation process of the system must have a unified and pre-announced quantitative indicators for reference, and the whole process must be open and transparent, and no black-box operation shall be carried out.

However, subsequent provisions cannot be used to bind matters that have occurred in the past (which can be regarded as a violation of the Labor Contract Law). According to the information you provide, it can be determined that this is a "system" that is seriously illegal, as clearly stated in Article 4 of Chapter 1 of the Labor Contract Law:

When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee. ”

Obviously, your unit did not negotiate with the trade union or employee representatives on an equal footing in formulating this "system", because if an equal consultation was conducted, then it would be impossible to determine the "system" that infringes on the rights and interests of employees, Article 26 of Chapter II of the Labor Contract Law.

Paragraphs 1, 2 and 3 expressly provide:

1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions;

2) The employer exempts itself from statutory liability and excludes the rights of employees;

3) Violating mandatory provisions of laws or administrative regulations.

If there is a dispute over the invalidity or partial invalidity of the labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court.

Therefore, even if the unit leader has informed you of this "system", it is illegal and invalid.

At the same time, you can also follow Article 80 of Chapter VII of the Labor Contract Law, which stipulates that "if the rules and regulations of the employer directly related to the vital interests of the employee violate the provisions of laws and regulations, the labor administrative department shall order correction and give a warning; If any damage is caused to the worker, he shall be liable for compensation. "Defend your rights.

First report to the local labor inspection team, let the inspection team investigate, and then you can file a lawsuit with the local labor arbitration committee.

It's definitely not legal, go to the labor bureau.

It is illegal for an employer to arrange for an employee to work overtime without paying overtime pay, and the employee may apply for labor arbitration to require the employer to pay the overtime pay.

According to the provisions of the "Labor Law of the People's Republic of China" and the "Implementation Measures for the Implementation of the Provisions on the Working Hours of Employees" of the Ministry of Labor, no unit or individual shall extend the working hours of employees without authorization, and extend the working hours of employees in strict accordance with the law. If the employer violates the laws and regulations and forces the employee to extend the working hours, the employee has the right to refuse.

You can search this question on the Internet, and you will understand. Public institutions and enterprises working in three shifts shall have eight hours per shift, and although they work every day, they are not entitled to overtime pay. Depending on what you say, you should only work the day shift.

The state stipulates that those who work five days a week, eight hours per shift, 40 hours a week, and those who work on Saturdays and Sundays without being given consecutive holidays must be paid double wages. Those who work on holidays and can't take a break will be given three times the salary. You go up eight and a half hours a day, maybe half an hour at noon to take a break.

Depending on what you said, overtime pay has been tripled on holidays, but overtime was not paid on Saturdays.

Since your unit is a state-owned enterprise, it should also have a trade union and employee representatives. The representative of the trade union can reflect to the trade union, and the trade union will submit the employee's appeal to your company in writing, either to give cross leave or double overtime pay. If the company can't give a reply, the trade union will come forward and go to three people, on behalf of the trade union of the unit, to report to the Municipal Federation of Trade Unions and ask the Municipal Federation of Trade Unions to coordinate with your company.

If it is a private enterprise in a first-tier city, the implementation of the country's regulations is very good, but the second- and third-tier cities are poor.

I used to study politics and law, and I know a little bit about legal issues, and I don't know if this will help you.

You can search on the Internet for what national system, this is a company, a company is different, you can look at the contract written on his company, and then look at the rules and regulations in his factory.

Overtime is calculated based on the normal working wage.

Only the statute is clearly contrary to the labor law.

The people who made this are veterans, and some of them are already stepping on the edge.