On the issue of compulsory overtime, the company requires compulsory overtime

According to the provisions of the Labor Law, there is no obligation to work overtime, and the employer should pay overtime if it arranges overtime.

Article 44 of the Labor Law of the People's Republic of China 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 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.

This is a clear violation of the law, even if your contract mentions mandatory overtime. This contract is partially null and void and you may exercise your rights in accordance with the law. Or report it to your local 12333!

According to the relevant provisions of the labor law, the working hours are 176 hours per month, 8 hours per day and 40 hours per week. The rest should be considered overtime. and calculate overtime pay paid to employees.

Now it is a society governed by the rule of law, and there is no explanation of obligations, and if there are obligations, there must be rights. There are no rights and no obligations, and there are no obligations and no rights!

I agree with lawyer Xu Chunyan's view.

Although according to the provisions of the Labor Law, 300% of the daily wage shall be paid for overtime work on statutory holidays.

But this year's Spring Festival holiday is:

Spring Festival: 3 days off (Chinese New Year's Eve, January 25, 2009, the second day of the first lunar month), in other words, only these three days are 300% overtime. Other times, if it's Saturday or Sunday, it's 200%. 150% if you work more than 8 hours on a regular basis.

As for overtime pay and allowances, as well as how to take holidays, etc., the labor contract between the employee and the employer shall prevail, and if there is no agreement, as long as it does not violate the mandatory provisions of laws and administrative regulations, the employer shall set it itself.

If the employer does have violated the Labor Law and the Labor Contract Law (initially thinking that it is not, and more detailed analysis is required), it can report it to the local labor inspection department, or keep the evidence and resolve it through legal means when leaving the company in the future.

Not paying for overtime is obviously not in line with the labor law, it is recommended not to go, such an enterprise is obviously informal.

Legal Analysis:1There is no legal obligation to work overtime.

2.Compulsory overtime is not the same as free overtime.

3.If the employee voluntarily waives overtime pay and works overtime free of charge, the employer is not illegal. If the employee does not waive overtime pay, it is illegal for the employer to require the employee to work overtime without paying overtime pay.

4.In the following cases, when an employee is required to work overtime, the employee must not refuse and must obey, which can be understood as an "obligation" from this point. However, the employer still needs to pay overtime pay in accordance with the law, unless the employee voluntarily gives it up.

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, affecting production and public interests, and must be repaired in a timely manner;

3) Other circumstances provided for by laws and administrative regulations.

Legal basis: Article 7 of the Interim Provisions on the Payment of Wages shall be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day.

Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.

Labor Contract Law of the People's Republic of China Article 85 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.

Summary. Cute] [cute] dear, hello! We are glad to answer for you, if the company requires employees to work overtime without overtime pay, the employee can collect relevant evidence, and then report to the labor administrative department and ask the employer to pay overtime pay.

It is also possible to apply for labor arbitration; If they are not satisfied with the arbitration result, they may file a lawsuit with the people's court.

Cute] [cute] dear, hello! If the company requires employees to work overtime without overtime pay, the employee can collect relevant evidence and then report to the labor administrative department and ask the employer to pay overtime pay. It is also possible to apply for labor arbitration; If they are not satisfied with the arbitration result, they may file a lawsuit in the people's court.

Legal basis: Article 4 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, in the event of a labor dispute, the worker may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement. Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China provides that in the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If the applicant is dissatisfied with the arbitral award, he or she may, except as otherwise provided by this Law, file a lawsuit in the people's court.