Since I didn t work overtime, how should the company compensate me for terminating the labor contrac

If the company terminates the contract in violation of the law, it may request to continue to perform the contract or pay compensation.

According to Article 41 of the Labor Law, if an employer arranges an employee to extend working hours due to the needs of production and business work, it shall negotiate with the employee and obtain the consent of the employee, and the employee has the right to refuse to work overtime. The company's termination of the contract on the grounds that the employee does not work overtime has no basis in law and is an illegal termination. According to Articles 48 and 87 of the Labor Contract Law, if the employee requests to continue to perform the labor contract, the company shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the company shall pay compensation at the rate of twice the severance payment, that is, two months' salary per year for the working years of the employer.

However, according to Article 42 of the Labor Law, if the company arranges overtime workers under any of the following circumstances, the company shall obey the overtime workers, and the company has the right to punish them in accordance with the rules and regulations formulated in accordance with the law

1. Natural disasters, accidents or other reasons that threaten the life, health and 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 stipulated by laws and administrative regulations.

You can claim two and a half months of seniority compensation, and overtime pay can be claimed.

In view of the company's illegal acts, can I request the termination of the employment contract and claim compensation? I resigned in 06 on the grounds that the company did not pay overtime, and the calculation method of severance was as follows: Article 1 of the Labor Contract Law.

If the employee resigns on the grounds that the company does not pay overtime pay, the calculation method of severance is as follows: Article 47 of the Labor Contract Law states that "severance shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer." where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract. "You have worked for 3 years and 2 months, and you can receive: (your average monthly salary for the previous 12 months)* financial compensation.

An employee who does not pay overtime may unilaterally terminate the employment contract. Under any of the following circumstances, the employee may terminate the labor contract immediately without prior notice to the employer: failing to pay social insurance premiums for the employee in accordance with the law; Failure to provide labor protection or working conditions in accordance with the labor contract; Failure to pay labor remuneration in full and in a timely manner; Other.

Article 38 of the Labor Contract Law of the People's Republic of China provides that an employer may terminate the labor contract under any of the following circumstances: (1) failing to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by the law or administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Legal analysis: If the company fails to pay wages or overtime wages according to the statutory standards and time, it can be forced to resign, requiring the company to pay one month's salary as compensation for each year of service, and at the same time, the wages during the working period can also be recovered.

Legal basis: Labor Contract Law of the People's Republic of China Article 46 In any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law (the employer is at fault and the employee unilaterally terminates).

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee.

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law (neither party is at fault).

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law (economic layoffs).

5) Except in the case where the employer maintains or raises the agreed conditions of the labor contract and quietly repents of the labor contract at an early stage, and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law (Lu Zheng does not renew the contract upon the expiration of the contract.

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law (bankruptcy of the employer, revocation of business license, closure or dissolution).

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

1。The labor contract may be terminated on the grounds of Article 38, Paragraph 2 of the Labor Law, and overtime pay is labor remuneration.

2。Deductions for overtime can be claimed. "Deducted overtime pay" is the remuneration for labor in the case of an employment relationship before the termination, so there is a basis for paying compensation.

You can say: Yes, now the labor relationship does not exist, but the previous remuneration has not been paid, which is called debt repayment.

Legal channels: First, complain to the Labor Bureau; The second is to apply for labor arbitration.