Labor law overtime problem, how to deal with labor law overtime

Addresses and contact numbers of labor and social security supervision departments at all levels in Beijing**.

Dongcheng District Labor Inspection Brigade: No. 27, Jiaodaokou South Street, Dongcheng District 64041222 Xicheng District Labor Inspection Brigade: No. 20, Xizhimen South Street, Xicheng District 66180004 Chongwen District Labor Inspection Brigade:

No. 1, Changqing Garden, Chongwen District 67188956 Xuanwu District Labor Inspection Brigade: No. 24, Zixin Road, Xuanwu District 63539996 Chaoyang District Labor Inspection Brigade: No. 34, Xiaoyun Road, Chaoyang District 64678220 Haidian District Labor Inspection Brigade:

No. 275, North Fourth Ring Middle Road, Haidian District 82373060 Fengtai District Labor Inspection Brigade: No. 1, No. 3, Dong'an Street, Fengtai Town, Fengtai District 63812540 Shijingshan District Labor Inspection Brigade: Shijingshan Yangzhuang West Exit 68878442 Mentougou District Labor Inspection Brigade:

No. 13, Xinqiao South Street, Mentougou District 69831534 Fangshan District Labor Inspection Brigade: No. 5, Liangxiang West Road, Fangshan District, 89367054 Tongzhou District Labor Inspection Brigade: No. 85, Tongzhou Canal East Street, 81537029 Shunyi District Labor Inspection Brigade:

Shiyuan West Road, Shunyi District 89445756 Huairou District Labor Inspection Brigade: No. 21, Yingbin Middle Road, Huairou District 69641730 Daxing District Labor Inspection Brigade: No. 5, Huangcun East Street, Daxing District 69241320 Yanqing County Labor Inspection Brigade:

No. 80, Gaota Street, Yanqing County 69101155 Miyun County Labor Inspection Brigade: No. 32, Xinxi Road, Miyun County 69041504 Changping District Labor Inspection Brigade: No. 3, ** Street, Changping District 69744520 Pinggu District Labor Inspection Brigade:

No. 1, Fuqian West Street, Pinggu District, 89985416 to find a lawyer for consultation is charged, and the effect of reflecting the situation will be more direct, and the best and fastest way is through ****. A word of reminder, documents for the collection of evidence, the regulations on overtime during working hours, etc. You can also file a labor arbitration directly.

I suggest that you want the labor inspection department in Beijing to report your situation, and they should be able to solve it, because what you said is not very clear, I can't be sure how big the problem is, but I feel that there is a problem, such as overtime hours exceeding the legal requirements

Report to the labor inspection department first, then file labor arbitration, and then file a lawsuit

I'm from Shanghai, so I can only give you these suggestions

Legal Analysis: Overtime wages should be paid accordingly. According to the relevant laws and regulations of the People's Republic of China, China implements an eight-hour working system, and the daily working hours of the workers shall not exceed eight hours, and if the employer arranges the employees to extend the working hours for more than eight hours, the excess part shall be counted as overtime hours, and the overtime wages shall be paid to the employees not less than 1.5 times their normal wages, and if they are really resting days, they shall be paid overtime wages not less than twice the normal wages.

Legal basis: Article 36 of the Labor Law of the People's Republic of China The State implements a working hour system in which the daily working hours of the workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Legal Analysis: Employers shall strictly enforce labor quota standards and shall not force or covertly force employees to work overtime. 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 3 hours per day, but shall not exceed 36 hours per month under the condition of ensuring the health of the worker. The employer shall ensure that the employee has at least one day off per week.

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

Article 41 Due to the needs of production and operation, the employer may, after consultation with the labor union and the tenant of the Labor Bureau, extend the working hours, 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 under the condition of ensuring the health of the workers, but shall not exceed 36 hours per month.

Article 44 Overtime shall be paid according to the following standards: (1) Where a worker is arranged to work longer hours, he shall be paid a wage remuneration of not less than 150 percent of the wage; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wages shall be paid; (3) Where 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.

Overtime hours shall be negotiated with the trade union and the workers, and if agreed through negotiation, the working hours may be extended, and the overtime hours shall not exceed one hour per day and 36 hours per month, and the overtime pay shall be paid to the workers in accordance with the relevant provisions of the State. As for the question of what to do if the working hours are overtime, I will answer them for you in detail below.

1. What should I do if my working hours are overtime?

1. If the working hours are overdue, the worker may negotiate with the employer and require the employee to arrange work according to the normal working hours or pay him overtime pay in accordance with the law; If the two parties fail to reach an agreement through negotiation, the employee can apply for mediation, arbitration, anger or litigation.

2. Legal basis:

In accordance with Article 36 of the Labor Law of the People's Republic of China.

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 41.

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.

Article 77.

In the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, or file a lawsuit in accordance with the law, or may resolve it through negotiation.

2. What is the formula for calculating overtime pay?

1. Calculation of overtime wages for extended hours: overtime wages = daily standard wages (or piecework wages) 8 (hours) overtime.

2. Calculation of overtime wages on rest days: overtime wages = daily standard wages (or piecework wages) 8 (hours) 2 overtime hours.

3. Calculation of overtime wages on statutory holidays: overtime wages = daily standard wages (or piecework wages) 8 (hours) 3 overtime hours.

Legal Analysis: Overtime wages should be paid accordingly. According to the relevant laws and regulations of the People's Republic of China, China implements an eight-hour working system, and the daily working hours of the workers shall not exceed eight hours, and if the employer arranges the workers to extend the working hours for more than eight hours, and the overtime hours shall be calculated in excess of the ministerial peace talks, the overtime wages shall be paid to the workers not less than 1.5 times their normal wages, and if they are really resting days, they shall be paid overtime wages not less than twice the normal wages.

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 workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

If the working hours are overtime, the employee may negotiate with the employer and require the employee to arrange work according to the normal working hours or pay him overtime pay in accordance with the law.

If the working hours are overtime, the employee may negotiate with the employer and require the employee to arrange work according to the normal working hours or pay him overtime pay in accordance with the law. If the two parties fail to reach an agreement, the employee can apply for mediation, arbitration, or litigation.

What should I do if I don't sign a labor contract and don't pay my salary?

If the boss does not pay wages when resigning without signing a labor contract, there are several ways to solve the problem:

1. Negotiate with the boss and regret it;

2. The labor arbitration commission of the local labor bureau applies for labor arbitration to get the wages back. The procedure is specifically designed to resolve labor disputes, works very well, and does not require any fees;

3. If you are not satisfied with the arbitration result, you can file a lawsuit with the court;

4. You may file a complaint with the labor inspection agency, which will order the employer to make corrections.

We hope you find the above helpful, and if you have any other questions, please consult a professional lawyer.

Legal basis: Article 77 of the Labor Law of the People's Republic of China.

In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit in accordance with the law, or resolve it through negotiation.

The principles of conciliation apply to both arbitration and litigation proceedings.