Are there any legal restrictions on overtime?

Labor Law of the People's Republic of China Chapter IV Working Hours, Rest and Vacation.

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.

If an enterprise arranges an employee to work outside the statutory working hours according to actual needs after completing the labor quota or the prescribed work tasks, that is, when working overtime, it shall pay the employee at a rate of not less than 150%, 200% and 300% of the (original salary) stipulated in the labor contract in addition to the statutory standard time, and the rest and working days cannot be compensated.

The landlord's overtime should be outside the legal standard time of the day, and the enterprise should pay 150% of your salary for overtime.

The second floor is very specific.

The following restrictions apply to overtime: due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the employee, 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 36 of the Labor Law stipulates that 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 stipulated in Article 36 of this Law. Article 38 The employer shall ensure that the worker has at least one day off per week.

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 under the condition of ensuring the health of the worker.

The Labor Law stipulates that due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the employee, and generally shall not exceed one hour per day; If the employee works overtime on a working day, the employer shall pay overtime pay not less than times the usual wage; If there is no compensatory time off for overtime work on rest days, the employer shall pay overtime pay not less than twice the usual wage; Other.

[Legal basis].

Article 44 of the Labor Law of the People's Republic of China.

Under any of the following circumstances, the employer shall pay the employee a wage higher than the employee's normal working hour wage 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 wages 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) Where a worker is assigned to work on a statutory holiday, a wage remuneration of not less than 300 percent of the salary shall be paid.

Employers shall strictly enforce labor quota standards and shall not force or covertly compel workers to work overtime. The boss forced overtime to break the 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.

It is illegal for the company to work overtime without overtime pay and violates the relevant provisions of the labor law. According to the provisions of the Labor Law, if the company organizes employees to work overtime, it shall pay overtime pay, otherwise it is an illegal act.

Overtime pay refers to the remuneration received by the employee for continuing to produce or work beyond the specified working hours according to the needs of the employer's production and work. Workers work overtime, extend working hours, and increase the amount of additional labor, so they should be given reasonable remuneration by the employer, which is stipulated by law.

Legal basis: Labor Contract Law of the People's Republic of China Article 31 Employers shall strictly implement the labor quota standards and shall not force or covertly force 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.

Derivative question: What is the standard of overtime compensation?

The standard stipulated by the overtime subsidy of administrative institutions is to arrange workers to extend the working hours of Xutongmin within the standard working day, and pay not less than 150% of the salary difference remuneration; If the employee is assigned to work on a rest day and cannot arrange a compensatory break, he or she shall be paid a wage remuneration of not less than 200% of the wage; 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.

Legal Analysis: The regulations on overtime are:

Under any of the following circumstances, the employer shall pay the employee a wage higher than the employee's normal working hour wage 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.

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 employee 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) If the rest day disturbs the work of the worker and cannot arrange compensatory leave, 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 shall be paid a wage remuneration of not less than 300 percent of his wages.