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Article 41 of the Labor Law: Due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the labor force, which shall generally not exceed one hour per day; Where it is necessary to extend working hours due to special reasons, the extended working hours shall not exceed 36 hours per day under the condition of ensuring the health of the workers.
Note: Therefore, overtime should be subject to the consent of the employee. The factory does not have the right to deduct the wages of the workers.
At the same time, Article 42 has an exception to the limit of extended working hours: the occurrence of natural disasters, accidents or other reasons that threaten the life, health and property safety of workers and need to be dealt with urgently. Production equipment, transportation lines, and public facilities fail, affecting production and public interests, and must be repaired in a timely manner.
Other circumstances provided for by laws and administrative regulations.
Article 31 of the Labor Contract Law: Employers shall strictly enforce the labor quota standards and shall not force or covertly compel employees 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.
Note: Your factory requires you to work overtime by deducting wages. It should be regarded as "forcing or disguised forced workers to work overtime".
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I have no power to withhold your hard-earned money!! Go complain about it!
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Certainly not right! But if you don't add it, will the factory find a reason to trouble you?
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Overtime pay is calculated as follows:
Article 44 of the Labor Law stipulates that under any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours according to 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.
Workers in arrears of wages can file a complaint by calling 12333**, which is the Human Resources and Social Security Bureau, and the labor inspection brigade will order the employer to pay wages, and if the labor inspection brigade fails to coordinate, the worker can apply for labor arbitration. If the labor arbitration award is refused to be enforced, it may apply to the court for compulsory enforcement.
Article 85 of the Labor Contract Law: In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
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It is very common for private enterprises to have policies and countermeasures.
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If you don't work overtime, you don't need to deduct your wages.
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As long as the factory has a business license, it will form an employment relationship or de facto labor relationship with it, regardless of whether it has signed a labor contract or not.
Work-related injuries are provided for in Article 14 of the Regulations on Work-related Injury Insurance and shall be recognized as work-related injuries.
In the event of a work-related injury, it is unreasonable to excuse the employment relationship, and even if it is an employment relationship, the employee should be liable for the corresponding personal injury compensation.
You can file a complaint with the local labor inspection brigade to request intervention and investigation.
It is also possible to directly apply for labor arbitration, request a ruling on the establishment of a labor relationship or a de facto labor relationship, and apply for a work-related injury determination for the injured person in accordance with the provisions of Article 17 of the Regulations on Work-related Injury Insurance.
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It's enough to report to the local social security bureau and keep the relevant evidence.
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If the employer arranges overtime, the employer shall pay overtime pay.
The calculation method is as follows: According to the Interim Provisions on Wage Payment issued by the Ministry of Labor, if an employee who is subject to piece-rate wages is arranged by the employer to extend his working hours after completing the piece-rate quota task, he or she shall pay the employee overtime wages based on the unit price of the piece-rate working hours in accordance with the principles determined in the Labor Law and the Interim Provisions on Wage Payment. If overtime is arranged outside the statutory working hours, the salary shall not be less than 150% of the unit price of the piecework during the statutory working hours; Those who work overtime on rest days and statutory holidays shall be paid wages not less than % of the unit price of their statutory working hours.
If the unit does not pay in accordance with the regulations, it may apply for arbitration.
1. Employees injured at work should do a labor ability appraisal (disability appraisal). If there is a disability level in the assessment, the social security will pay the employee a lump sum disability allowance in addition to the expenses incurred during the medical treatment. When terminating the employment relationship, the employer also needs to pay the employee a one-time employment subsidy or a one-time medical subsidy. >>>More
People have worked hard all their lives, in order to be able to achieve their ideal life, each of us has been working hard in the first half of our lives, that is, in the second half of our lives, we can have more choices. And work is very important for each of us, in our daily life, there will be a lot of time will be used to work, because a good career in addition to their own harvest to get the corresponding reward, more often to make yourself like this job, and in our daily life, not everyone can work in their ideal career, and in this workplace will also encounter a variety of things, and getting along with people is also a very troublesome thing, Not to mention the relationship with the boss and some company decisions. >>>More
First, eat people and serve others, since you have chosen the unit, you have to obey, even if you work overtime, you are forced to be helpless, because you have no way out. >>>More
Overtime pay refers to the remuneration received by an employee for continuing to work or work beyond the prescribed working hours according to the needs of the employer's production and work. Workers who work overtime, work longer hours, and increase the amount of work they work should be paid reasonably. >>>More
The worker can claim double wages.
Article 82 of the Labor Contract Law stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. >>>More