During the interview, it was clearly said that it was a double holiday, but after joining the compan

Updated on workplace 2024-06-13
5 answers
  1. Anonymous users2024-02-11

    Whether it is illegal or not is not a double rest and a single holiday.

    It depends on whether the employer pays overtime.

    During the interview, the employer violated the principle of good faith. However, from a legal point of view, this behavior is fully in line with the regulations of the relevant departments, in other words, it is not illegal to change from two days off to one day off. In accordance with labor laws.

    It stipulates that employers shall implement a system of working hours in which the daily working hours of employees shall not exceed eight hours and the average weekly working hours shall not exceed 44 hours.

    In addition, the employer shall ensure that the employee has at least one day off per week. It can be seen from this that the relevant legal system supports single rest, and the total working hours of a week are less than 44 hours in advance.

    From a legal point of view, it is not illegal to change two days off into a single holiday. However, it is necessary to analyze the total working hours and the algorithm of the single-rest pay. Once the following circumstances exist, it means that the change from two days off to one day off has violated the legitimate rights and interests of the employee.

    First of all, if a worker works more than 8 hours a day, the total working hours in a week are more than 44 hours. In addition, the employee is given a single day off, and the employer not only does not arrange the compensatory leave, but the employer does not calculate the overtime salary at 200% for weekend work.

    From the date of establishment of the labor relationship between the employer and the employee, the employer shall sign a labor contract with the employee in accordance with the law.

    Before implementing rights protection, I personally think that we should first look at the employment contract and the provisions on rest and vacation. If the employment contract has an agreement on rest and the employee has signed it, it means that the employee has recognized the employment contract. However, in practice, the total working hours exceed the legal provisions, indicating that the contract is in violation of the law at the time of signing and is invalid.

    Employees can bring their labor contracts, work attendance sheets or other supporting documents sufficient to prove that the employer has violated the regulations to the local labor service center to complain. or file a labor arbitration with the relevant authorities.

    Safeguard legitimate rights and interests in accordance with the law.

    During the interview, it was clearly said that it was a double day off, but after joining the company, a single day off system was implemented, which is not illegal from a legal point of view. However, it also depends on the actual working process, the total working hours and the calculation method of single rest pay.

  2. Anonymous users2024-02-10

    It's not illegal, and if you don't write it in the contract, it's not illegal, and it won't have a big impact on the company.

  3. Anonymous users2024-02-09

    Not illegal. Because the corresponding contract was not signed at all, the other party only said it verbally once, so the other party's behavior was not suspected of violating the law.

  4. Anonymous users2024-02-08

    It is an illegal act, because such an act is a fraud of employees and a serious fraud, so you can sue to protect your legitimate rights and interests.

  5. Anonymous users2024-02-07

    This is illegal, and the company can be required to compensate for the inconsistency with the contract, and such behavior has already had a certain impact.

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