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An employer's extension of one hour of working hours is not considered an overtime violation.
According to the provisions of the "Labor Law" and the "Provisions on the Working Hours of Employees" (Order No. 174), China currently implements the standard working hours system of 8 hours a day and 40 hours a week. Enterprises with conditions should implement a standard working hour system. Some enterprises cannot implement the standard working hours system due to the nature of work and production characteristics, and should ensure that workers work no more than 8 hours per day, no more than 40 hours per week, and at least one day off per week.
Regardless of the implementation of the cooperative working hours system, the comprehensive working hours of the employer shall not exceed the statutory working hours, and if the statutory working hours are exceeded, the employer shall pay overtime pay or arrange compensatory rest in accordance with the law.
Article 38 of the Labor Law The employer shall ensure that the employee has at least one day off per week.
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) 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.
***。Provisions on the Working Hours of Employees".
Article 3 Employees work 8 hours a day and 40 hours a week.
Article 5 Where it is not possible to implement the standard working hours system of 8 hours per day and 40 hours per week due to the limitations of the nature of work or the characteristics of production, other methods of work and rest may be implemented in accordance with the relevant provisions of the State.
Article 6 No unit or individual may extend the working hours of employees without authorization. Where it is truly necessary to extend working hours due to special circumstances or urgent tasks, it is to be carried out in accordance with relevant state provisions.
***。Regulations on the Supervision of Labor and Social Security
Article 25 Where an employer extends the working hours of a worker in violation of labor security laws, regulations or rules, the labor and social security administrative department shall give a warning, order it to make corrections within a specified period of time, and may impose a fine in accordance with the standard of not less than 100 yuan but not more than 500 yuan per person who has been infringed upon.
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This is unreasonable, working 40 hours a week, and overtime cannot exceed 2 hours a day, otherwise it is a violation of labor law.
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Nowadays, it is relatively normal to work overtime, especially in Internet companies, where information is updated quickly and overtime is common. And sometimes I have to work overtime, which is really hard
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The main reason why there is a lack of laughter in today's society is that everyone is busy with work every day, and there is not much time to enjoy their lives in such a situation. If you have more time to do what you like, then the whole society will soon come alive again. This has a very positive impact on society as a whole, so I hope that everyone can take a reasonable view of this work system.
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Of course, I am satisfied, and I am willing, so that I will work two hours a day to get a day off, and I can also do something I like in life.
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I don't want to, because it will be very tiring every day, and the work efficiency will not go up, and it will disrupt my original rhythm of life.
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Yes, such a work system is conducive to ensuring one's own state and allowing oneself to enjoy rest time, so the individual is willing.
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The 8-hour work day is a working day with a length of 8 hours stipulated by the National Shirt family, but how many people in society can hold on to the 8-hour work day? In late January 2019, a company called Hangzhou Youzan Technology announced the implementation of the 996 work system, arriving at 9:30 in the morning and working until 9 in the evening.
The proposal of this work system was opposed and resisted by many people. Does the 996 work system have any meaning in existence? In fact, most people in society now live a 5+2 life of white and black!
White plus black 5+2, not because of your low work efficiency, but because he can't finish a lot of work.
Take myself as an example, the temporary work during normal working hours is just enough to cope, and when the leader adds more work, there is no way you can only take up your own rest time to complete it, otherwise the leader will think that your work or regret ability is not good. So what is the significance of the existence of the 8-hour workday? I think the 8-hour workday was proposed so that we could get a good rest and be more productive at work.
But how many people are working 8 hours a day? Or we can stick to 8 hours of work, that is, regardless of whether your work is done or not. Work hard when it's time to go to work, and put down what you're doing when it's time to get off work and go about life without distractions.
But in many cases, there is no way to complete all the tasks assigned by the leader for 8 hours, so insisting on 8 hours means that our work cannot be completed, and if we do not adhere to the 8-hour work system and take up rest time to work, what is the significance of the so-called 8-hour work system?
Maybe at this time, some people will say that whether you work overtime or not depends on whether you want to make progress, but who doesn't want to make progress in life, who doesn't want to be praised by the leader, on the premise of sacrificing their rest time, is the progress and praise really worth it? Is it really worth it to work and pursue it on the premise of consuming physical capital in advance?
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Yes, if you continue to work more than 8 hours of normal work, you will be paid multiple the normal working hour wage.
For example, the normal salary for 8 hours of work is 80 yuan, so it is 10 yuan per hour. If you continue to work for more than 8 hours, then your overtime pay is RMB. It's 15 yuan an hour
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First of all, distinguish between the division of labor and the time system, whether it is a comprehensive system or a standard.
If it is not specified in the contract, the standard working hours will be applied.
150% of overtime is paid for overtime work in excess of eight hours.
Basically.
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There is no overtime pay. The irregular working hours system needs to be filed by the regular labor department, and the labor department agrees to implement it. Let's see if your unit has a record?
It's not that what the unit leader says is what it is. Leaders often speak nonsense from selfishness. If after inquiry, there is indeed a record, then there is no overtime pay.
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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.
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Summary. Hello dear, I'm glad to serve you, please wait a moment, I need a little time to type here, and I'm answering for you.
I have been working in the company for 20 years, and recently I worked 10 consecutive days in the unit, including 5 hours of overtime during the week, 11 hours on Saturday, and 15 hours on Sunday.
Hello dear, I'm glad to serve you, please wait a moment, I need a little time to type here, and I'm answering for you.
If an employee suddenly falls ill during working hours, if it is recognized as a work-related injury and the employer does not pay work-related injury insurance for the employee, the employer shall be liable. If the employee dies within 48 hours after the rescue fails, it is a work-related death; If it is not the illness during working hours, nor the death during working hours, or the death is not due to occupational diseases, the unit is not responsible.
Is it illegal to work for 10 days in a row?
It's not illegal. The company has rules as long as it is legal.
The questions I ask are not to be published.
No, it would be illegal to publish it to the public.
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Talk to your immediate boss and immediately make it clear that there are too many meetings that make you wonder. And explain that this kind of meeting will not help you in any way except for delaying time. At the same time, ask the leader for instructions and report, and be able to attend or participate in such a meeting (naturally, it is necessary to participate in a meeting that is closely related to your job responsibilities).
If you want to come, the company's public culture and art, the leader has a better grasp and understanding, and knows its shortcomings better, and you clearly put it forward, and in most cases, the leader will allow you to participate in some meetings that are completely unnecessary.
Communicate with the HR department (preferably with the person you're interviewing for the first time) to show that the hiring interview doesn't mention the frequent and long hours of overtime meetings, that your plans are completely disrupted, and that you can't explain it to your family or close friends. There are two proposals that are clearly put forward, one is to apply for not to participate in or participate in this kind of meeting (naturally, when this article is mentioned, it can be repeatedly said that this kind of meeting is not helpful for itself to understand the company's understanding of the position); Second, if you can apply for overtime pay, there is no problem, because if you have overtime pay, you can at least explain it to your family (please rest assured, the HR department will definitely not be able to allow a meeting to pay overtime because of yourself).
In the first case, the company's culture is contrary, from the beginning of the establishment of the company or the establishment of the unit, the CEO or the leader himself loves to take advantage of the rest time of the employees to hold meetings. It's that the company has already established this kind of learning atmosphere from the beginning, and if you want to get rid of this kind of thing, it is not easy, because it is already a habitual thing. The reason for this is that the CEO or leader is unwilling to occupy the working hours of employees.
The working hours of employees are mainly to solve the management of affairs in the work, especially some CEOs, who stipulate that employees have a sense of hard work, so they stipulate that employees should do the work they should do during working hours, and leave this kind of thing to do during the rest time.
Considering whether overtime is acceptable, although the company is working overtime at night to hold meetings until more than nine o'clock, it is possible that other companies are required to work overtime at night to ten o'clock, so what you need to consider here is whether it is acceptable to work overtime at night, if it is completely unacceptable, then leave as soon as possible, and the next time you apply for a job, you have to ask whether there is such a thing as overtime. You can ask the old employees of the company or observe the operation status of everyone in the daytime, etc., to specifically analyze the reason why the company works overtime at night to hold meetings, which is the company's corporate culture, or because the recent new projects are in a hurry or because everyone is used to delaying until the night. If the company does not work overtime to produce culture and art, but for other reasons, such as the habit of delaying the opening until the night, then you can clearly put forward your proposal to the leader.
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The company's rule is to get off work at 6 o'clock, you should insist on getting off work, because this is the company's rule, no one has the right to let you work overtime, if you don't finish your work, you can work overtime in an appropriate amount, but if your work is done, you can get off work at the point.
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I will insist on getting off work, because the rule is to leave work at 6 o'clock, and after 6 o'clock, it will be my time to get off work, and I will not choose to endure it.
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If you don't always leave work on time, the leader will take it for granted that you should work overtime after a long time.
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Summary. Hello, this is not legal. Here's why:
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 44 hours. The employer shall ensure that the employee has at least one day off per week. 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.
The company went to work from 8:30 to 17:30, and at 19:00 it began to count overtime, and then every day after work, the pants were not allowed to go, and they had to work overtime until more than six o'clock, and then they were not counted as overtime pay.
Hello, it is not legal to scatter the hood like this. The reasons are as follows: The State implements a system of working hours in which the daily working hours of workers do not exceed eight hours and the average weekly working hours do not exceed forty-four hours.
The employer shall ensure that the employee has at least one day off per week. 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.
Legal basis] Article 36 of the Labor Law stipulates that 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 44 hours.
I know this law, what I want to ask is that he takes this period of time is not counted as overtime for eating and resting, and then in fact there is no meal and rest at all, and after overtime, it is not counted as overtime at 7 o'clock in the company's regulations, and the overtime time will be over, so what to do, hello, after 17:30, it is considered overtime, and the salary is times the normal working hours.
Hello, if the employee is arranged to work longer hours, he shall be paid a wage remuneration of not less than 150% of the wages and remuneration included in the work disorder; If a worker is assigned to work on a rest day and cannot arrange a compensatory holiday, he or she shall be paid a wage remuneration of not less than 200% of the wage; If an employee is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300% of the wage.
Legal basis] Article 31 of the Labor Contract Law stipulates that the employer shall strictly implement the labor quota standard, and shall not force or accompany the model to force the worker to work overtime in disguise. If an employer arranges overtime, it shall pay overtime pay to the employee in accordance with the relevant provisions of the state.
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