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In the case of yours, it falls under the circumstances stipulated in Article 39 of the Labor Law: if an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may implement other work and rest measures with the approval of the labor administrative department.
There are two main types of work break methods: irregular working hours and comprehensive calculation of working hours.
Irregular working hours system: refers to a working hours system adopted for employees who cannot be measured by standard time or need to work flexibly due to the relationship between production characteristics, special needs of work or scope of responsibility. It is characterized by the fact that when the working hours of a day exceed the standard working day, the excess part is not counted as overtime, and overtime pay is not paid, but only compensatory time off.
From this characteristic, you don't fall into this situation.
Comprehensive calculation of working hours: This is the case for you. It refers to a working time system that comprehensively calculates working hours on a weekly, monthly, quarterly, and annual basis.
In the comprehensive calculation period, the actual working hours on a specific day (or week) (you are on a monthly basis) may exceed 8 hours (or 44 hours), but the total actual working hours in the comprehensive calculation period shall not exceed the total statutory standard working hours, and the excess part shall be regarded as extended working hours and wages and remuneration shall be paid in accordance with the provisions of Article 44, Paragraph 1 of the Labor Law, of which the employees shall be paid wages and remuneration in accordance with the provisions of Article 44, Paragraph 3 of the Labor Law if the employee is assigned to work on statutory holidays. Moreover, the average number of hours of extended working hours may not exceed 36 hours per month.
Therefore, whether your rights and interests are infringed depends on whether your total working hours exceed the total legal standard working hours (180 hours) within 20 days of your work. If the average working hours per month exceed 216 hours, it is illegal.
If your rights and interests have been violated, you can report it to the local labor and social security department. (You don't trust unions anyway).
Last but not least, the 20 days you spend away from home don't count as your working hours.
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Judging from the time, it may not violate labor laws, and the specific hours worked are not clear. Sinopec is a special industry, and the country may have relatively relaxed places, so it is best to negotiate with the trade union to solve it!
It is true that there are too many imperfections in China, unlike foreign trade unions that will speak for workers, these words are useless, we are not able to solve them, this system.
Special circumstances can be reported to the unit, 20 days will not be regarded as all time, because there is still time to rest and sleep.
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 8 hours and the average weekly working hours shall not exceed 44 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 its production characteristics, it may, with the approval of the labor administrative department, implement other methods of work and rest.
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Slowly get used to it, Sinopec's meal is unpalatable.
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You can contact the Labor Arbitration Division of the Labor and Personnel Department.
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According to the General Provisions of the Detailed Rules for the Implementation of the Labor Law.
1. The "other organizations" in Article 2 of the Labor Contract Law not only refer to enterprises, individual economic organizations, and private non-enterprise units within the territory of the People's Republic of China, but also include accounting firms, law firms, ** associations and other units registered in accordance with the law.
2. A branch that has registered with the administrative department for industry and commerce and obtained a business license may enter into a labor contract with the employee in accordance with the law with the authorization or consent of the employer. When the branch fails to fulfill its obligations to the employee, the employer shall be liable.
3. When a state organ or social organization recruits a worker other than a civil servant and a reference civil servant manager, it shall establish a labor relationship with him and conclude a labor contract in accordance with the law.
4. The employee referred to in the Labor Contract Law shall be at least 16 years old and has not yet enjoyed the basic pension insurance benefits or retirement pension.
5. The Labor Contract Law does not apply to civil servants and personnel managed by reference to civil servants, rural laborers (except employees of township enterprises and farmers who go to cities to work or do business), servicemen, nannies directly employed by families, and persons who have enjoyed basic pension insurance benefits or received retirement pensions.
6. When an employer recruits a worker who maintains a full-time labor relationship with another unit, it shall conclude a labor contract in accordance with the law.
7. When an employer recruits veterans who choose their own jobs and change jobs, it shall conclude a labor contract in accordance with the law.
8. When an employer recruits a foreigner, it shall apply for a foreigner's employment permit and conclude a labor contract in accordance with the law.
9. When an employer recruits personnel from Hong Kong, Macao or Taiwan, it shall apply for employment permits for Hong Kong, Macao and Taiwan personnel and conclude labor contracts in accordance with the law.
10. The recruitment of workers by the offices of foreign enterprises in China, foreign embassies and consulates, and international organizations in China shall be handled in accordance with the relevant laws and regulations in force.
11. When an employer formulates, amends or decides on rules and regulations or major matters directly related to the vital interests of employees, it shall discuss with the workers' congress or all employees, put forward plans and opinions, consult with the trade union or employee representatives on an equal footing, and after consultation with the trade union or employee representatives on an equal footing, the employer shall decide on the implementation of the rules and regulations or major matters.
12. The head office requires the subsidiary to implement the rules and regulations formulated by the head office in the form of the following documents, and the rules and regulations can only be used as the basis for the employment management of the subsidiary after the subsidiary performs the procedures stipulated in Article 4 of the Labor Contract Law.
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Labor Law:
Article 1 This Law is enacted in accordance with the Constitution in order to protect the lawful rights and interests of laborers, adjust labor relations, establish and maintain a labor system suited to the socialist market economy, and promote economic development and social progress.
Article 2 This Law shall apply to enterprises and individual economic organizations (hereinafter collectively referred to as "employers") within the territory of the People's Republic of China and to workers who have formed labor relations with them.
State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.
Labor Contract Law:
Article 1 This Law is enacted for the purpose of improving the labor contract system, clarifying the rights and obligations of both parties to the labor contract, protecting the legitimate rights and interests of workers, and building and developing harmonious and stable labor relations.
Article 2 This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with workers and conclude, perform, modify, dissolve or terminate labor contracts.
The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law.
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As long as it is an employment relationship, the industrial and commercial business registration number is also in line with the qualifications, civil servants, military personnel and other personnel relations are not counted, nannies, nurses and other employment relationships are not counted.
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**yes, suitable for all units with no special circumstances.
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On the one hand, you should collect evidence of employment relations with the employer; On the other hand, complain to the local labor inspection department or directly apply for labor arbitration.
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File a complaint with the local labor inspection department or apply directly to labor arbitration.
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What can you do if you break the law, you don't do a lot of people, labor law is a book, just look at it, you still take it seriously.
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Just give the money... I can't help it.
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When I worked at Sinopec, I was on call 24 hours a day, and if you don't do it, there are many people who do it, so I advise you to do it well.
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Can you show your salary?
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If your family has a business license, it is an employment relationship and a work-related injury, and the provisions of the "Work-related Injury Insurance Regulations" should be applied to pay work-related injury benefits.
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