Labor Law Advice: 9 hours a day, 30 days a month, no holidays, no overtime pay

First, the provisions on the working hours of employees

Article 3 Employees work 8 hours a day and 40 hours a week.

Article 4 Where labor is carried out under special conditions or there are special circumstances that require an appropriate shortening of working hours, it shall be implemented in accordance with the relevant provisions of the State.

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.

2. Article 85 of the Labor Contract Law If an employer falls under any of the following circumstances, the labor administrative department shall order it 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 the employee 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 employee's labor remuneration 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 lower than the local minimum wage standard; (3) Arrange 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.

3. Notice of the Ministry of Labor on Issuing the Measures for Administrative Punishment for Violations of the Labor Law of the People's Republic of China.

Article 4 Where an employer forces a worker to extend his working hours without consultation with the trade union and the worker, he shall be given a warning, ordered to make corrections, and may be fined not more than 100 yuan for each hour of extended working hours. Article 5 Where an employer extends the working hours of a worker by more than three hours per day or by thirty-six hours per month, it shall be given a warning, ordered to make corrections, and may be fined not more than 100 yuan for each employee for each hour of working hours. Article 6 Where an employer commits any of the following acts that infringe upon the lawful rights and interests of a worker, it shall order the payment of wages and remuneration and economic compensation to the worker, and may order the payment of compensation to the worker at a rate equal to one to five times the total amount of wages and remuneration and economic compensation paid to the worker

1) Withholding or defaulting on the wages of workers without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers lower than the local minimum wage standard; (4) Failing to give economic compensation to the employee in accordance with the provisions of laws and regulations after the termination of the labor contract. The employer shall be ordered to pay the employee's economic compensation in accordance with the relevant provisions.

If your request is legitimate, you can go to the local labor arbitration department to reflect it and protect your legitimate rights and interests.

If you want to compensate for overtime pay other than eight hours per day, including weekends and statutory holidays (one to five times), the requesting department: labor arbitration, generally at the labor bureau.

Legal basis: Article 36 of the Labor Law The State implements a working hour system in which the daily working hours of workers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours.

Article 37 The employer shall reasonably determine the labor quota and piece-rate remuneration standards for laborers who work on a piece-rate basis in accordance with the working hours system provided for in Article 36 of this Law.

Article 38 The employer shall ensure that the worker has at least one day off per week.

Article 39 Where an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may, with the approval of the labor administrative department, implement other methods of work and rest.

Article 40 An employer shall arrange leave for its employees during the following holidays in accordance with law:

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 3 hours per day but shall not exceed 36 hours per month under the condition of ensuring the health of the worker.

Article 31 of the Labor Contract Law The employer shall strictly enforce the labor quota standard and shall not force or covertly compel the employee 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 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; 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: (3) Arrange overtime work and fail to pay overtime pay;

You can apply to your local labor arbitration department for arbitration.

Overtime pay can be recovered.

Lawyer Yang Yanguo.

Is there overtime pay, if not, it is violated. If not, you can immediately complain to the labor department.

Have you signed a contract, and if so, does it indicate what the salary is? And the treatment and so on.

I don't think this violates labor laws.

Complain to the local labor inspection department, if it is invalid, you can apply for labor arbitration!

Normally, the labor law is that no more than 10 hours a day can be used, and overtime pay must be paid if it is exceeded.

If it violates the law, you can apply for labor arbitration.

According to Article 36 of the Labor Law, 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.

Article 37 stipulates that for workers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system stipulated in Article 36 of this Law.

Article 38 stipulates that the employer shall ensure that the employee has at least one day off per week.

Article 39 stipulates that if an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may implement other work and rest measures with the approval of the labor administrative department.

Article 40 stipulates that an employer shall arrange leave for employees during the following holidays in accordance with the law:

a) New Year's Day; 2) Spring Festival;

3) International Labor Day;

4) National Day;

5) Other holidays and holidays as provided for by laws and regulations.

Article 41 stipulates that due to the needs of production and operation, an 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.

Ten hours a Thursday, pay overtime wages for the extra part, overtime pay on weekdays, 2 times on rest days, 3 times the statutory overtime, overtime hours are not very clear, but many companies will limit overtime hours, for example, we can't work overtime more than 36 hours a month, and we won't add more!

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.

It is recommended that you bring evidence that can prove your employment relationship to the labor department to apply for a settlement and ask for overtime pay. You need to be able to prove your overtime.

Illegal.

According to the provisions of Articles 36, 38, 41 and 44 of the Labor Law, the Provisions on the Working Hours of Employees, and the Reply to Issues Related to the Working Hours of Employees (No. <1997>271) issued by the Ministry of Labor, 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.

The employer shall obtain the consent of the employee when arranging for the employee to extend the working hours, and the extended working hours shall not exceed 3 hours per day and 36 hours per month. If an employer arranges an employee to work longer hours on a working day, it shall pay overtime pay at the rate of 150% of the salary; If the worker is assigned to work on the rest day, he or she shall be arranged to take compensatory leave at the same time, and if he cannot take compensatory leave, he shall be paid overtime pay at 200% of his salary; If a worker is assigned to work on a statutory holiday, he or she shall pay overtime pay at the rate of 300% of his wages.

If an employer illegally arranges overtime for an employee, it may file a complaint with the labor inspectorate, who shall order it to make corrections and impose a fine.

If the employer arranges for the employee to work overtime and does not pay overtime pay, it may file a complaint with the labor inspectorate, and the labor inspector will order it to pay within a time limit, and if the employee fails to pay within the time limit, it shall apply for labor dispute arbitration and claim the payment of overtime pay and compensation of 50% to 100% of the amount of overtime pay (it may also directly apply for arbitration without going through the labor inspection, but cannot claim compensation).

The dispute between the employee and the employer over overtime pay is a labor dispute, and the arbitration of labor dispute is a pre-procedure, and the people's court will not accept it without arbitration.

If this is often the case, you can go to your local labor office to file a complaint.

Article 38: The employer shall ensure that the worker has at least one day off per week.

Article 41: Due to the needs of production and operation, the 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 3 of the Provisions on the Working Hours of Employees:

Employees work 8 hours a day and 40 hours a week. Article 7 State organs and public institutions shall implement uniform working hours, and Saturday and Sunday shall be weekly rest days. Enterprises and public institutions that are unable to implement the uniform working hours provided for in the preceding paragraph may flexibly arrange weekly rest days on the basis of actual conditions.

According to the above laws, if an employee works more than eight hours a day during standard working hours, he or she will be considered overtime. It must not exceed 36 hours per month.

The labor law stipulates that a working day of 8 hours a month, Monday to Friday, and other hours are counted as overtime double pay, weekends are double pay, and national holidays are triple pay.