What happens if the unit does not go to mandatory overtime?

If you don't go, you will be fined, your salary will be deducted, and you will be fired....You have the right not to....However, the employer also has the right to terminate the contract....

The law says that you don't have to go, and there are no consequences.

Overtime is voluntary.

But in fact, it is often two different things, if you don't go, it's easy to be led in small shoes.

Hello, the unit arranges overtime, and if you don't go to work overtime, you will be criticized by the boss.

Overtime is generally voluntary for employees, and there should be additional overtime pay if they are forced to work overtime, otherwise it is illegal.

If you don't go, your salary will be deducted! Either you will be fired or you will be fired from your job.

Of course not, overtime is the need to do official duties outside of the eight hours of the normal working day, so the free choice of the worker should be respected outside of the normal working hours, no. It is illegal to do so. Hello, companies generally do not have the right to force workers to work overtime.

In the absence of special circumstances, the employer may not force the employee to work overtime.

Unless it involves emergency rescue and disaster relief, etc., it is not entitled to mandatory overtime.

If you have any objection or dissatisfaction, you can complain and complain to the labor inspection department or apply for labor arbitration.

1. Your company compulsorily overtime does not pay overtime wages, and it is a violation of the labor law to not rest according to the schedule every month, and you can complain to the labor inspection department and make administrative penalties and rectification of the company's illegal acts in accordance with the law, but it is not the best plan for your personal long-term interests. 2. The above-mentioned behaviors of the company have seriously violated the labor law, and it is recommended to file a labor dispute arbitration complaint to protect your legitimate rights and interests. If you are interested in this suggestion, you can interview the details of rights protection.

Illegal.

1. Except for the four statutory circumstances, the employer shall not force the employee to work overtime;

2. The above statutory circumstances refer to the following four situations:

1) Natural disasters, accidents or other reasons that seriously threaten the safety and health of the people and national assets 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) Equipment overhaul and maintenance must be carried out during the shutdown period of statutory holidays or public holidays;

4) In order to complete the emergency tasks of national defense, or to complete other emergency production tasks arranged by the superior in the state plan, as well as the urgent tasks of commercial and supply and marketing enterprises to complete the purchase, transportation and processing of agricultural and sideline products in the peak season.

3. According to the provisions 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 workers, 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.

It is legal for the unit to occasionally force overtime, such as to rush the goods, for example, to deliver the goods on the same night, it is legal for all employees of the company to work overtime, and it is illegal if they are often forced to work overtime.

Ask what to do.

Article 71 of the Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China stipulates that if an enterprise really needs to extend its working hours due to the needs of production and operation, it shall consult with the trade union and the workers. After negotiation, the enterprise may decide to extend the working hours within the number of extended working hours set by the Labor Law. If an enterprise violates laws and regulations and forces an employee to extend working hours, the employee has the right to refuse.

If a labor dispute arises as a result, it may be submitted to the labor dispute settlement agency for handling.

You can ask the other party to pay overtime according to the national standard.

The standard is 150% of the hourly wage.

In the case of overtime on statutory holidays, three times the salary shall be paid.

Question: Is it legal to not let me take one day off?

If the contract stipulates that you will not be allowed to take 2 days off and 1 day off, it is a breach of contract, and you can apply to the labor bureau for labor arbitration.

Ask the other party to reimburse you for the overtime pay.

Of course, it is illegal for the employer to work overtime, and the state has strict regulations on the working hours of workers every day and week, and if the employer compulsorily works overtime, it is against the regulations.

Illegal. If the employee does not agree, he or she has the right to refuse to work overtime. Because China's labor law stipulates that employers cannot extend working hours at will.

Generally, overtime hours cannot exceed one hour per day. If there is a special reason for the extension of overtime hours, the overtime hours may be extended by no more than three hours under the condition of ensuring the health of the employee, but the overtime hours may not exceed 36 hours per month. ”

Legal Analysis: Not Legal. 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.

Legal basis: Labor Law of the People's Republic of China

Article 36 The State implements a system of working hours in which the daily working hours of veteran workers shall not exceed eight hours, and the average weekly working hours shall not exceed forty-four 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 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 three hours per day under the condition of ensuring the health of the laborers, but shall not exceed thirty-six hours per month.

The company requires that the deadline be closed and the overtime work can not be avoided. The law stipulates that if an employer needs to arrange overtime work for an employee, it must negotiate with the employee, and generally the overtime work shall not exceed one hour per day. If it is necessary to work overtime, it must be for special reasons, otherwise the employee can respectfully refuse.

[Legal basis].

Article 41 of the Labor Law stipulates that 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 41 of the Labor Law of the People's Republic of China stipulates that an employer may, according to the needs of production and on the premise of ensuring the physical and mental health of the workers, arrange for the workers to work overtime after consultation with the workers, and the employer must comply with the law and pay overtime pay for extending the working hours.

Article 31 of the Labor Contract Law of the People's Republic of China Employers shall strictly enforce the labor quota standards and shall not force or covertly compel workers 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 32 of the Labor Contract Law of the People's Republic of China shall not be deemed to be a violation of the labor contract if the employee refuses to be commanded by the management personnel of the employer in violation of regulations or is forced to perform risky work.

Workers have the right to criticize, report and accuse the employer for working conditions that endanger their lives and health. Article 80 of the Labor Contract Law of the People's Republic of China If the rules and regulations directly related to the vital interests of the employee violate the provisions of laws and regulations, the labor administrative department shall order correction and give a warning; If any damage is caused to the worker, he shall be liable for compensation.

If the employer forces the employee to work overtime, he can file a complaint with the local labor inspection department or call 12021 to complain. China implements a working hours system in which the daily working hours of workers do not exceed eight hours and the average weekly working hours do not exceed 40 hours. If the employer needs to extend the working hours for a long time, it may extend the working hours after consultation with the labor union and the workers, and generally shall not exceed one hour per day, and if it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours per day but not more than 36 hours per month under the condition of ensuring the health of the workers.

If an employer violates the appeal provisions and forcibly extends the working hours of an employee, it is considered compulsory overtime. However, under any of the following circumstances, the employer may request an extension of working hours, which is not mandatory overtime. (1) Where a natural disaster, accident, or other reason threatens the life, health, or property safety of laborers, and needs to be dealt with urgently, (2) Production equipment, transportation lines, or public facilities fail, affecting production and public interests, and must be repaired in a timely manner.