Overtime during working hours, is overtime counted as working hours

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.

00 Article 37 0 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.

00Article 38 0 The employer shall ensure that the employee has at least one day off per week.

00 Article 39 0 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 methods with the approval of the labor administrative department.

00 Article 40 0 Employers shall arrange leave for employees in accordance with the law during the following holidays:

00 (1) New Year's Day;

00 (2) Spring Festival;

00 (3) International Labor Day;

00 (Thursday) National Day;

00 (5) Other holidays and holidays stipulated by laws and regulations.

00 Article 41 0 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.

00 Article 42 0 In any of the following circumstances, the extension of working hours is not subject to the restrictions of Article 41 of this Law:

00 (1) Natural disasters, accidents or other reasons that threaten the life, health and property safety of workers and need to be dealt with urgently;

00 (2) Production equipment, transportation lines, and public facilities fail, affecting production and public interests, and must be repaired in a timely manner;

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

00Article 430 An employer shall not extend the working hours of an employee in violation of the provisions of this Law.

00Article 44 0 In any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the employee for normal working hours according to the following standards:

00 (1) If a worker is arranged to work longer hours, he shall be paid a wage remuneration of not less than 150% of the wage;

00 (2) If the worker is arranged to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200% of the wage;

00 (3) If an employee is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300% of the wage.

00 Article 45 0 The state implements a paid annual leave system.

00 Workers who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.

1. According to the calculation of the working hours you provide, you only work 6 hours a day, within 8 hours, so it is not counted as overtime for extended working hours;

2. If you do not take a day off on your rest day, the state stipulates that you should guarantee one day off every week, and you can claim overtime pay on your rest day.

1. It should be equal and consistent. That's 40 hours per week. If the actual working hours of the company exceed the statutory standard working hours during the comprehensive calculation period, they shall be regarded as overtime hours, and overtime wages shall be paid at 150% of the daily or hourly wage standard of the employee.

Regardless of whether the working hours are calculated on a weekly or monthly basis, or on a quarterly or annual basis, the average weekly, monthly, quarterly and annual working hours of an employee shall be the same as the statutory standard working hours, and the part exceeding the statutory standard working hours shall be regarded as extended working hours, and the wages for the extended working hours of the employees shall be paid according to the regulations, that is, the employer shall pay overtime wages not lower than 150% of the hourly wage standard of the employee himself. If the employer arranges the employee to work on a statutory holiday, it shall pay the employee overtime wages at a rate not less than 300% of the employee's daily or hourly wage. Positions that implement the comprehensive calculation of working hours system require the enterprise to report to the local county labor and social security bureau for approval, and the scope cannot be arbitrarily expanded without approval.

Implement a comprehensive calculation of working hours, and its working hours do not distinguish between system working days and public holidays. As long as the total actual working hours of an employee does not exceed the total legal working hours in a period of comprehensive calculation of working hours, he or she does not need to pay 200 overtime wages for working on public holidays. 2. Article 7 of the Reply to Issues Concerning the Working Hours of Employees of the former Ministry of Labor stipulates:

In enterprises that implement the system of comprehensive calculation of working hours, if the total number of actual working hours of employees exceeds the total number of statutory standard working hours in the comprehensive calculation period, the excess part shall be regarded as extended working hours. If the total number of actual working hours in the whole comprehensive calculation period does not exceed the total number of statutory standard working hours in that period, but only a specific day (or week, month, or quarter) in the comprehensive calculation period exceeds the statutory standard working hours, the excess shall not be regarded as an extension of working hours. "From the explanation of the Ministry of Labor, it can be seen that since the comprehensive calculation of working hours is based on a certain period of time, the working hours of employees are calculated.

Therefore, only the part that exceeds the total number of legal standard working hours for the entire calculation period can be considered as extended working hours.

Generally speaking, even during working hours, it is not necessary to reply to work messages immediately, you can complete the work at hand before replying. If you have already left work or had a break when you receive a work message, you can wait until the next business day or rest day to reply. If it takes a long time to reply, you can reply with a short message indicating receipt and replying later.

Of course, the specific situation also needs to be determined according to the nature of the individual's work and the requirements of the job. In addition, in order to avoid the creation of an overtime culture, the following measures can be taken:

1.Communicate with colleagues or superiors: You can communicate with colleagues or superiors to explain your work situation and time schedule, and avoid excessive work tasks and overtime.

2.Learn to refuse and assign work: If you already have a lot of work tasks, you can tactfully decline or assign them to other colleagues to avoid overwork and overtime.

3.Make a reasonable work plan: Make a reasonable work plan and time arrangement to avoid overly intense and conflicting work tasks and reduce the possibility of overtime.

4.Cultivate healthy living habits: Cultivate healthy living habits, maintain good sleep and eating habits, and improve physical fitness and work efficiency.

5.Learn to relax and rest appropriately: Learn to relax and rest appropriately, carry out various cultural and sports activities and health promotion activities, and regulate the physical and mental state.

In conclusion, avoiding a culture of overtime requires the joint efforts of both individuals and organizations, the need to develop a reasonable work plan and schedule to avoid overwork and conflicting work tasks, and at the same time, it is also necessary to cultivate healthy living habits and appropriate relaxation and rest. In addition, businesses and organizations can also take the following steps to avoid the creation of an overtime culture:

1.Establish a healthy work culture: Establish a healthy work culture that emphasizes work-life balance and avoids the creation of a culture of overwork and overtime.

2.Regular training and management: Regularly train employees on the knowledge and skills of work efficiency and time management, and strengthen the management and supervision of employees to avoid employees abusing instant messaging software.

3.Clarify working hours and overtime systems: Clarify working hours and overtime systems, stipulate the methods and hours of overtime, and avoid employees from using instant messaging software and overtime during non-working hours.

4.Make a reasonable work arrangement: Make a reasonable work arrangement to avoid overly stressful and conflicting work tasks and reduce the possibility of overtime.

5.Encourage employees to rest and relax: Encourage employees to rest and relax after work, carry out various cultural and sports activities and health promotion activities, and improve employees' physical and mental health and work efficiency.

Through the above measures, enterprises and organizations can better manage employees, avoid the generation of overtime culture, improve the work efficiency and productivity of employees, and also protect the physical and mental health of employees.