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Eight hours before the 11 hours of the employment contract can be pursued.
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It's not that you can't be pursued, you signed up to work 11 hours a day, but you only worked eight hours, if the normal average is 11 hours, he can deduct you. If you work three hours less, your salary can be deducted. Part.
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Although the labor contract is signed for 11 hours, the specific working time should follow the orders in the factory, and if there are many orders, overtime will be arranged; If there are fewer orders and no need to work overtime, you will be allowed to work for 5 days and 8 hours, or 6 days and 8 hours, which is not easy to pursue.
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The labor law stipulates that the normal working day is 8 hours, and you need to negotiate with the other party for the 11-hour contract, and if the other party pursues it, you can request labor arbitration!
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If you work normally for 8 hours, you can only get a basic salary, and if you sign a labor contract for 11 hours, it means that you have to work for 11 hours, of which 3 hours are counted as overtime, and you have not worked 11 hours.
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This is not a question of whether to pursue or not, it is stipulated that you work 11 hours of work, that is to say, the extra time is considered overtime, and if you don't want to work overtime, it is equivalent to taking your minimum salary every day, which will only make the people above fire you, or give you a holiday every day to let you leave your job.
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Since you're with. The good thing to sign with someone is that it is an hour, but. Explain you, but you're only on.
Eight hours of walking, it means that you. Then you can deduct the list, the list and your bonus, so you have to do this yourself. So you, yourself, keep your promises.
In this way, the employer will not dare to use it in the future.
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Legal Analysis: Not Legal. The law clearly stipulates that the working hours of workers shall not exceed eight hours per day and the average weekly working hours shall not exceed forty-four hours.
It is illegal to sign a contract for 12 hours, and this clause is invalid in the employment contract. Working hours of more than 8 hours belong to the category of overtime, and overtime pay needs to be calculated separately, and the law stipulates that if an employee is arranged to work longer hours, he shall be paid a wage remuneration of not less than 150% of the wage.
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 workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.
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 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.
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Legal analysis: It is possible to report to the labor bureau or file a lawsuit against the labor bureau, and you can complain to the labor administrative department if you work more than 8 hours a day.
Article 36 of the Labor Law stipulates that the State shall implement 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 stipulates that for workers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system stipulated in Article 36 of this Law.
Article 38 stipulates that the employer shall ensure that the employee has at least one day off per week.
Article 90 stipulates that if an employer extends the working hours of an employee in violation of the provisions of this Law, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine.
Legal basis: Article 36 of the Labor Law stipulates that 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 44 hours.
Article 37 stipulates that for workers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system stipulated in Article 36 of this Law.
Article 38 stipulates that an employer shall ensure that an employee has at least one day off per week.
Article 90 stipulates that if an employer extends the working hours of an employee in violation of the provisions of this Law, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine.
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The law does not have strict regulations on how many years an employment contract can be signed, but it cannot be said that there are no restrictions. In practice, it is generally necessary to sign for as many years as you want, and as long as there is a consensus, everything is not a problem. However, it should be noted that there are two age stages, one is that you must have reached the working age, and the second is that you have not reached the retirement age, which is the most important thing.
Violating the former would be child labor, and that would involve criminal law issues. If the latter is the case, then the signed agreement will not take effect, and a labor contract should be signed. Second, employment contracts are not necessarily signed for a few years, and some of them are not based on the visible time as the standard of the length of the contract, but on the specific work situation.
For example, cement workers, brick movers in projects, etc., all belong to this situation. In practice, looking at the specific provisions, it is generally presumed that it is a contract without a specific term, which is also trouble-free, and it is also a good thing for employees, at least it represents stability, and there is no need to run around to find a job everywhere, or the embarrassing situation of being old and unemployed. Of course, sometimes if one party has to be "willful", as long as there is a more legitimate reason, it can be done, and only need to apply for approval.
Then the other party can also be willful, saying that if you don't want you, you don't want you, if this happens, then you need to bear a certain cost. This can be regarded as the practice of benevolence and righteousness. The above is the interpretation of the length of the labor contract.
You can file for labor arbitration.
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