Is it illegal to do this in the factory?

Hello, first of all, look at the following provisions of the Labor Law of our country, Article 36 The state implements a working hour system 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 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (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.

It can be seen that your factory has obviously violated the law, and you have the right to claim overtime pay for extended working hours.

The main solutions are as follows:

1.You can unilaterally terminate the contract and demand that the factory manager pay severance for insufficient wages;

2.You can file a complaint with the Labor Bureau;

3.apply to the people's court for a payment order;

4.Apply to the labor dispute arbitration commission for arbitration, and then apply to the people's court for first enforcement.

Article 36 The State implements a system of working hours in which the daily working hours of laborers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours.

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 3 hours per day but shall not exceed 36 hours per month under the condition of ensuring the health of the worker.

Article 44 In any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours 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) 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.

The above is the content of the labor law, and you can protect your rights by applying to the labor department for labor arbitration.

Legal Analysis: It is a violation of labor law for factories to not allow children to return home.

The law is based on the Labor Law of the People's Republic of China

Article 36 The State implements a system of working hours in which the daily working hours of laborers shall not exceed eight hours in Xiangshan 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.

It is not illegal to leave a job without a breach of the employment contract or the contents of the relevant agreement signed by you.

The Labor Contract Law of the People's Republic of China is a law enacted to improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of employees, and build and develop harmonious and stable labor relations (see Article 1 of the Law).

It was adopted at the 28th Session of the Standing Committee of the Tenth National People's Congress on June 29, 2007 and came into force on January 1, 2008. The Labor Contract Law is divided into 8 chapters and 98 articles, including: General Provisions, Conclusion of Labor Contracts, Performance and Modification of Labor Contracts, Rescission and Termination of Labor Contracts or Agreements, Special Provisions, Supervision and Inspection, Legal Liability and Supplementary Provisions.

The Labor Contract Law is an important law regulating labor relations, and it is a social law in the first group of socialist legal systems with Chinese characteristics.

First of all, we have to analyze what the situation is.

If it does not occur under special circumstances, it is an illegal act;

If it's because of the pandemic, it's not illegal;

Because of the epidemic, many factories have adopted this method to reduce the risk of transmission, you can report it to the company, and if the behavior is too unreasonable, you can report it to the labor bureau.

During the epidemic period, the inability to return to the company on time due to the lack of transportation does not constitute absenteeism. The way to get your wages back is to report to the Labor Bureau, and the other is to apply for labor arbitration at the Labor Arbitration Commission. According to the Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relations Issues During the Prevention and Control of the Novel Coronavirus Pneumonia Epidemic, if an enterprise suspends work or production due to the impact of the epidemic, it shall pay wages according to normal working hours if it does not exceed one wage payment cycle (up to 30 days).

If the wage payment cycle exceeds one period, wages may be paid according to the labor provided by the employee and the standard newly agreed upon by both parties; If an enterprise does not arrange for its employees to work, it shall pay the living expenses of the employees at a rate not lower than 80% of the local minimum wage standard, and the living expenses shall be paid until the enterprise resumes work, resumes production, or terminates the labor relationship.

Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relations Issues During the Prevention and Control of the Pneumonia Epidemic Caused by the Novel Coronavirus

2. If an enterprise has difficulties in production and operation due to the impact of the epidemic, it may adopt methods such as adjusting salaries, rotating shifts, and shortening working hours for air-burning through consultation with employees to stabilize jobs, and try not to lay off employees or reduce layoffs as much as possible. Eligible enterprises can enjoy the subsidy for job stabilization according to the regulations. If an enterprise suspends work or production within one wage payment cycle, the enterprise shall pay the wages of its employees according to the standards stipulated in the labor contract.

If the wage payment cycle exceeds one period, if the employee provides normal labor, the wages paid by the enterprise to the employee shall not be lower than the local minimum wage standard. If the employee fails to provide normal labor, the enterprise shall pay the living allowance, and the standard of living allowance shall be implemented in accordance with the measures prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.

What should I do if the factory makes it mandatory to work overtime?

If an employer compulsorily arranges overtime work against the employee's will, it is an illegal employment act, and the employee may file a complaint with the labor inspection department of the place where the employee is employed, and the labor inspection department shall order the employee to make corrections.

Legal basis: Labor Law of the People's Republic of China

Article 36 The State implements a system of working hours in which the daily working hours of laborers shall not exceed eight hours, and the average weekly working hours shall not exceed 40 and 4 hours.

1. Is it legal to fine in the factory?

1. It is not legal to impose fines in the factory. The employer does not have the right to impose fines on the movers of the banquet. The employer may require the employee to bear part or all of the losses only if the employee causes direct economic losses to the employer due to gross negligence or subjective intention.

2. Legal basis: Article 16 of the Interim Provisions on Payment of Wages does not contain any article.

If the employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's salary for that month.

If the remaining part of the salary after deduction is lower than the local minimum wage for lead and silver, it will be paid according to the minimum wage standard.

Article 15. The employer shall not deduct the employee's wages. Under any of the following circumstances, the employer may withhold the employee's wages:

1) Individual income tax withheld and paid by the employer;

2) All social insurance premiums withheld and paid by the employer that should be borne by the employee;

3) Child support or alimony required to be withheld in court judgments or rulings;

4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.

2. What are the methods for reporting the illegal acts of the employer?

1. Complain and report to the labor and social security administrative department;

2. Apply for mediation to the mediation organization;

3. Apply to the labor dispute arbitration commission with jurisdiction for arbitration in accordance with the law;

4. Filing labor lawsuits with the people's courts in accordance with the law.

...This one. There is no point in arguing anymore.

Get out of this painful place and find another job. Next time, learn a lesson, you can't trust others casually, especially these intermediaries, many of them are deceitful!That's your first lesson in society!

Labor Contract Law of the People's Republic of China

Article 11 of the Ordinance provides:"Employees who have any of the following behaviors and do not change their ways after criticism and education shall be given administrative sanctions or economic penalties in different circumstances.

If the rules and regulations of the employer have been established, and it is proposed that the rules and regulations be attached to the contract when signing the labor contract, you agree with this form. If the corresponding penalty notice is also posted on the wall of the factory, the factory can impose appropriate financial penalties on employees who violate the regulations. It's legal.

Answer: The following conditions must be met for an enterprise to impose a fine on an employee: 1. The rules and regulations formulated by the employer are legal (first, they need to be approved by the workers' congress or the workers' congress; Second, it needs to be publicized), the content is legal; 2. The mistakes made by the employee belong to the situation where the decision of fines can be made according to the rules and regulations; 3. The amount of the fine shall not exceed the upper limit agreed in the rules and regulations.

Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

It is illegal to impose fines in the factory, and the factory has no right to deduct the wages of workers. They can file a lawsuit with the relevant departments to protect their lawful rights and interests. Businesses are not allowed to impose fines on employees.

However, if an employee causes economic losses to the company at work, the company requires the employee to bear the financial compensation liability.

Legal analysis

If the employer deducts or defaults on the employee's wages without reason, the employee may notify the employer at any time to terminate the labor contract and request compensation from the employer. In addition to paying the employee's wages and remuneration in full within the prescribed time, the employer shall also pay an additional severance equivalent to 25% of the wages and remuneration.

If you are not satisfied with the arbitration result, you may also file a lawsuit with the court in accordance with the law. Appeal to the labor administrative department to pursue the administrative responsibility of the employer: The labor administrative department shall order the employer to pay the employee's wages and remuneration and economic compensation, and may order the employee to pay compensation equal to one to five times the total amount of wages and remuneration and economic compensation paid to the employee.

If the enterprise still uses the fine as a punishment method for employees, it may face a series of risks such as the relevant clause being found invalid, unable to be used as the basis for the penalty, or paying additional economic compensation.

Legal basis

Interim Provisions on Payment of Wages》 Article 15 An employer shall not deduct the wages of an employee. Under any of the following circumstances, the employer may withhold the wages of the employee: (1) the individual income tax withheld and paid by the employer; 2) All social insurance premiums withheld and paid by the employer that should be borne by the employee; 3) Child support or alimony required to be withheld in court judgments or rulings; 4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.

Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 9 Where an employer violates the provisions of the State by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with law.

Labor Law of the People's Republic of China Article 102 Where a worker terminates a labor contract in violation of the conditions stipulated in this Law or violates the confidentiality matters stipulated in the labor contract, causing economic losses to the employer, he shall be liable for compensation in accordance with law.

The amount of compensation to be borne by the employee should clearly follow the basic rule of "alignment of rights and responsibilities".

If an employee violates the company's rules and regulations, the law gives the company full autonomy, but the company should reasonably formulate a fine system and an upper limit of fines to ensure a certain economic income for employees.