What are the provisions of the Labor Law on the work and rest time of self employed members?

Updated on society 2024-07-12
5 answers
  1. Anonymous users2024-02-12

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

    Legal Analysis] Article 44 of the Labor Law 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:

    1) Where workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of their wages.

    2) If a worker is assigned to work on a rest day and cannot arrange a compensatory holiday, he shall be paid a wage remuneration of not less than 200% of the wage.

    3) If 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.

    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.

    Personal suggestion] The labor law does not specifically provide for self-employed people, generally speaking, self-employed people are also employers, must follow relevant laws and regulations, generally speaking, employees should be given at least one day off a week, otherwise it is a violation of the rights and interests of workers, I suggest that you must learn to pick up the law in your life, defend your legitimate rights and interests, so as to better reduce your losses, if you are an employer, you must be familiar with the labor law.

    Legal basis] 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.

    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 the characteristics of production, it may, with the approval of the labor administrative department, implement other work and rest measures.

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

  2. Anonymous users2024-02-11

    The Labor Law does not specifically stipulate for self-employed individuals, but self-employed individuals are also employers, and must follow the labor law to give employees at least one day off per week (24-hour uninterrupted rest), otherwise, it is a violation of the rights and interests of employees. There are also employers who use employees to work no more than 40 hours a week, and if they exceed, they will be given subsidies, but this is not advisable, and the damage to the body of employees working more than 8 hours a day is very large. In addition, people who work in toxic and harmful jobs should enjoy more rest time.

  3. Anonymous users2024-02-10

    The work and rest time of workers are uniformly protected by the labor law, and there is no distinction between individuals and enterprises.

    Article 2 of the Labor Law This Law shall apply to enterprises and individual economic organizations (hereinafter referred to as employers) within the territory of the People's Republic of China and to workers who have formed labor relations with them.

  4. Anonymous users2024-02-09

    Stipulate that you should be talking about some kind of law! It is recommended that you seek advice from a professional lawyer. Fadu.com, lawyers have. However, I don't think there are any mandatory rules for self-employed individuals.

  5. Anonymous users2024-02-08

    Relevant provisions of the Regulations on Paid Annual Leave for Employees

    Article 2 Employees of government agencies, organizations, enterprises, public institutions, private non-enterprises, single-foot spring positions, and individual industrial and commercial households with employees who have worked continuously for more than one year shall enjoy paid annual leave (hereinafter referred to as annual leave). The employer shall ensure that the employee is entitled to annual leave. Employees are entitled to the same salary during the annual leave period as they would during normal work.

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