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Double salary, termination of contract.
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It depends on whether you work in private companies and state-owned enterprises, and it is easy to say that you have signed a contract. Generally, private companies often work overtime, and if they can't stand it, they will leave and will not compensate you for your money.
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React to the Labor Inspection Brigade yourself.
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If the boss dismisses the worker without justifiable reasons, he or she may apply to the arbitration committee of the local labor and employment bureau for lost work and other legal compensation.
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I will force the workers to work overtime, and if you don't work overtime, what compensation does the boss have for firing the worker, like this case, you go directly to the local labor arbitrator, take out the evidence, and let the labor arbitration give you the first step to deal with him.
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Of course, according to the contract, the law, and the general n months' salary!!
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If the other party refuses, the boss will fire the worker, which can claim compensation and apply to the labor department for arbitration.
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If you sign a contract, and he doesn't work overtime, you can sue him for dismissal, and if you don't sign a contract, then you can't say anything.
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Workers are required to work overtime voluntarily, and if a worker is fired because he is unwilling to work overtime, the boss's behavior is illegal, and he must compensate the worker for the loss.
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The main thing is whether the contract has been signed, and whether there are provisions in the contract in this regard.
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Your question is to say that if a worker is forced to work overtime without working overtime, what compensation does the boss have for firing the worker? In this case, the overtime is voluntary, then he fires you, and he should compensate you for the financial loss.
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Forcing people to work overtime, the boss who doesn't work overtime is fired, this is definitely unreasonable, you can go to the labor department to apply for arbitration, you can ask for compensation.
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You can apply for compensation at the Labor Bureau.
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Summary. Hello dear, for your inquiry.
The employer does not allow employees to work overtime, which is not illegal, and it is recommended to negotiate with the company to solve the problem. Legal basis: Article 41 of the Labor Law of the People's Republic of China Due to the needs of production and operation, an employer may extend its 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. Article 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.
What to do if the factory owner asks the employee not to work overtime.
Hello, here is a little poetic 1 tutor, I am inquiring for you here, please wait a while, I will reply to you immediately
Hello, dear, for you to find that the employer does not let employees work overtime, does not violate the pants law, it is recommended to negotiate with the company to solve. Legal basis: Article 41 of the Labor Law of the People's Republic of China Due to the needs of production and operation, an employer may extend its 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, Hu Rubu shall not extend the working hours for more than three hours per day, but not more than 36 hours per month, under the condition of ensuring the health of the workers. Article 43 The employer shall not extend the working hours of the employee in violation of the provisions of this Law.
That's all there is to it, I hope it can help you, and I wish you a happy life!
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Hello, the employer's behavior has violated the provisions of the Labor Contract Law, and the parties can apply to the Labor Bureau for arbitration or complaint, and if necessary, they can file a lawsuit in the court.
Labor Contract Law of the People's Republic of China.
Reference may be made to the following legal provisions: Article 31 An employer shall strictly enforce the labor quota standards and shall not force or covertly compel 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.
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, provided that the health of the worker is guaranteed.
Article 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.
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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Mandatory overtime is illegal, and illegal dismissal is also illegal. Lodge a complaint with the labour inspectorate.
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An employee who is forced to work overtime for a long time may terminate the employment contract.
Article 38 of the Labor Contract Law stipulates that an employee may terminate a labor contract if the employer falls under any of the following circumstances:
1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;
2) Failure to pay labor remuneration in full and in a timely manner;
3) Failure to pay social insurance premiums for workers in accordance with the law;
4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;
5) The labor contract is invalid due to the circumstances of the first paragraph of Article 26 of this Law;
6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.
If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
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Under normal circumstances, if an employer requests an employee to work longer hours, it must first be due to the needs of production and operation, and secondly, it must negotiate with the labor union and the employee, and the employer shall not force the employee to work overtime, that is to say, the employee has the right to refuse if he or she does not agree to work overtime. In addition, the length of extended working hours is not arbitrary, generally not more than 1 hour per day, and if it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed 3 hours under the condition of ensuring the health of the worker, but shall not exceed 36 hours per month. However, the employer shall not refuse to extend the working hours due to the following circumstances:
First, natural disasters, accidents or other reasons threaten the life, health or property safety of workers and need to be dealt with urgently; Second, production equipment, transportation lines, and public facilities have failed, affecting production and public interests, and must be repaired in a timely manner. Female employees who are more than 7 months pregnant and who are breastfeeding a baby under 1 year old may refuse to work overtime under any circumstances.
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1. China's "Labor Law" and "Provisions on the Working Hours of Employees" and other laws and regulations have made clear provisions on overtime for workers: the extension of working hours (overtime) must be due to the needs of work, and the labor union and the workers have reached a consensus through consultation, and under the premise of relevant national regulations, the working hours can be appropriately extended. At the same time, the extension of working hours must comply with the provisions of Article 41 of the Labour Code:
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 3 hours per day, but shall not exceed 36 hours per month under the condition of ensuring the health of the worker. "If this provision is exceeded, it is a violation of the law, and legal responsibility will be borne depending on the severity of the circumstances.
2. Circumstances that comply with Article 42 of the Labor Law do not apply. Namely:
1) Natural disasters, accidents, or other reasons that threaten the life, health, or property safety of workers, and need to be dealt with urgently;
2) Production equipment, transportation lines, and public facilities fail, and the British production and public interests must be repaired in a timely manner;
3) Other circumstances provided for by laws and administrative regulations.
In these cases, the enterprise can force the employee to work overtime, and the employee who does not obey the arrangement can be regarded as absenteeism, and the employee can be dismissed according to the reward and punishment system of the unit after reaching a certain number of days. At the same time, when the enterprise requires employees to work overtime, it should give employees reasonable preparation time, and at the same time, they should also pay their overtime pay in accordance with the regulations.
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According to the current provisions of the Labor Contract Law, compulsory overtime is not legal unless both parties agree to do so.
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Because when I entered the factory, I said that I couldn't go past eight o'clock, and now I don't leave work on time.
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According to Article 41 of the Labor Law of the People's Republic of China, due to the needs of production and operation, an employer may extend the working hours after consultation with the labor union and the workers, 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.
According to Article 71 of the Notice of the Ministry of Labor on Printing and Distributing the Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China, consultation is a procedure for an enterprise to decide to extend working hours. After consultation, the enterprise may decide to extend the working hours within the number of extended working hours set by the Labor Law, and the employee has the right to refuse if the enterprise violates laws and regulations to force the employee to extend the working hours.
What are the circumstances under which overtime cannot be refused?
In the event of a labor dispute arising from the extension of working hours, it may be submitted to labor arbitration for handling. However, it should be noted that under any of the following circumstances, the employer shall not refuse if the employer requires the employee to work overtime, regardless of the negotiation procedure:
1. Natural disasters, accidents or other reasons that threaten the life, health and property safety of workers and need to be dealt with urgently;
2. Production equipment, transportation lines, and public facilities fail, affecting production and public interests, and must be repaired in time;
3. Work cannot be interrupted on statutory holidays and public holidays, and must be continuously produced, transported or operated;
4. It is necessary to use the suspension period of statutory holidays or public holidays to overhaul and maintain the equipment;
5. For the purpose of completing emergency tasks for national defense;
6. In order to complete other emergency production tasks issued by the state;
7. Other circumstances stipulated by laws and administrative regulations.
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Relevant provisions of the law on overtime pay: In accordance with the provisions of Article 44 of the Labor Law, the specific standard for paying overtime pay is: if the employee is arranged to work longer hours within the standard working day, the employee shall be paid a wage remuneration of not less than 150% of the wage; If the worker is assigned to work on a rest day and cannot arrange a compensatory break, he 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.
Extending the working hours of workers beyond the standard working hours and arranging work on rest days and statutory holidays all occupy the rest time of workers and should be strictly restricted. However, in the above three cases, the organization of labor is not exactly the same, for example, the statutory holiday day has a more important meaning for the worker than the usual rest day, and also affects the worker's spiritual, cultural and sports life and other social activities, which cannot be compensated by the method of compensatory leave, therefore, higher wages and remuneration should be given. When an employer arranges an employee to work overtime under the above circumstances, it shall pay overtime pay in strict accordance with the provisions of the Labor Law and this Law.
In any case, the provisions of the law on this situation shall be implemented, and they shall not be confused with each other or replaced, otherwise they are all violations of the Labor Law and this Law, and they are all violations of the rights and interests of workers, and they shall bear legal responsibility in accordance with the law. According to the provisions of this article, a person who compels a worker to work overtime in disguised form shall be deemed to have extended the working hours of the worker in violation of the provisions of the Labor Law. In accordance with the relevant provisions of the Labor Law and this Law, the worker may request the employer to pay back the wages and remuneration for overtime work in order to complete the reasonable amount of work quota.
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If you go to the local labor inspection commission to report the company's illegal behavior, the employer will be punished for his illegal behavior, and your legitimate rights and interests will definitely be protected. Are you still satisfied with my answer, if you don't understand, you can continue to ask me
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If you are in your early 20s, you should focus on working overtime, work hard, improve your self-worth, so as to maximize the value of your life, and finally achieve financial freedom. If you are over 40-50 years old, you should complete your work during working hours and try not to work overtime. Because a large part of overtime means that the working hours are inefficient, overtime will also consume the company's resources, such as water, electricity, overtime wages, etc., which is a kind of delaying behavior.