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It is a violation of labor laws.
Irrational. Unless:
Overtime can be implemented in accordance with the labor law. However, there are some special circumstances where it is legal for leaders to let overtime.
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The company's leaders force employees to work overtime, if they do not work overtime, it is unreasonable, this is a violation of the labor law, there is no provision that no overtime is considered absenteeism. If your company treats you like this, you can go to your corresponding labor arbitration unit to sue them. Because absenteeism refers to your normal working hours and not completing the leave formalities.
Overtime is a kind of labor outside of normal work, and the labor law requires a certain amount of remuneration, and there is no provision that overtime must be compulsory.
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Of course it's unreasonable, but we are the most vulnerable group, disobedient and not negotiable, what else can we do?
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This is illegal, it is a violation of the Labor Law, overtime is voluntary, it cannot be forced, and it cannot be forced to comply with threats by means of threats, and it is considered absenteeism if it does not work overtime, which is a manifestation of the company's leadership without a sense of the legal system, if it is really done, then you can go to the court to sue him.
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This is certainly unreasonable, and the company does not enforce the right of employees to work overtime. Because overtime is voluntary. If you exceed the scope of overtime stipulated by the labor law, you can file a complaint with the labor department.
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It must be unreasonable and illegal, if you don't want to do it, go directly to the boss, and report the situation to the bureau. But those who can accept to continue working will have to endure it.
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It's definitely unreasonable, and you can go to the industrial and commercial bureau to complain in the long run.
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It must be unreasonable, but what can it be if it is unreasonable? Either endure or roll, there is no way to survive.
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Unreasonable, this is a violation of labor law. Evidence can be collected and a complaint can be filed with the Labor Bureau.
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The company cannot force employees to work overtime, and employees work overtime on their own, so it is wrong and unreasonable for the company to say that this practice of the company is also unreasonable.
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Irrationality. If an employer requires an employee to work overtime, it must obtain the employee's consent. Overtime wages shall be paid for overtime.
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It is unreasonable for the company's leaders to force employees to work overtime, which has seriously violated the relevant labor contract laws and regulations, and you can apply for labor arbitration.
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This practice is a serious violation of relevant labor laws and regulations, and workers can argue on the basis of reason, or retain evidence to complain to the relevant labor department.
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The company goes to work, and the leader forces you to work overtime. Your performance work is not done, and your family bag is deserved. Let's be cautious about this home.
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Legal analysis: An employee's refusal to work overtime is not considered absenteeism, because the employer shall notify the employee in a timely manner and obtain the employee's consent when arranging the employee to work overtime, and if the employee does not agree to work overtime, then the employer cannot force the employee to work overtime in principle.
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 8 hours and the average weekly working hours shall not exceed 44 hours.
Article 37 The employer shall reasonably determine the labor quota and piece-rate remuneration standards for workers who are omitted to 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 but shall not exceed thirty-six hours per month under the condition of ensuring the health of the workers.
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Legal Analysis: It is illegal for an employer not to work overtime, except for the circumstances specified in Article 42 of the Labor Law.
Legal basis: Labor Law of the People's Republic of China
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 worker, but shall not exceed thirty-six hours per month.
Article 42: In any of the following circumstances, the extension of working hours is not subject to the restrictions provided for in Article 41 of this Law:
1) The occurrence of natural disasters, accidents, or other reasons that threaten the life, health, and property safety of laborers, and require urgent treatment;
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 provided for by laws and administrative regulations.
Article 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.
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Hello, the answer to your question is as follows: Except for one of the following circumstances, the employer shall obtain the consent of the employee and the labor union to arrange overtime, and the employee has the right to refuse to work overtime: 1. The occurrence of natural disasters, accidents or other reasons that threaten the life, health and property safety of the employee 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. It is necessary to use the suspension period of statutory holidays or public holidays to overhaul and maintain the equipment; 4. In order to complete the emergency task of national defense, or to complete other emergency production tasks arranged by the superior in the state plan, as well as the urgent task of purchasing, transporting and processing agricultural and sideline products in the peak season of commercial and supply and marketing enterprises. If an employer illegally extends working hours, the worker may file a complaint with the labor inspectorate, who will give a warning and order corrections, and the injured worker shall be fined not less than 100 yuan but not more than 500 yuan per person.
Article 41 of the Labor Law stipulates that due to the needs of production and operation, an employer may extend its 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. Article 42 In any of the following circumstances, the extension of working hours shall not be subject to the restrictions provided for in Article 41 of this Law: (1) the occurrence of natural disasters, accidents or other wanton reasons that threaten the life, health, and property safety of laborers, 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 provided for by laws and administrative regulations.
Article 25 of the Regulations on the Supervision of Labor and Social Security: If an employer extends the working hours of a worker in violation of labor security laws, regulations or rules, the labor and social security administrative department shall give a warning, order it to make corrections within a specified period of time, and may impose a fine according to the standard of not less than 100 yuan but not more than 500 yuan per person who has been infringed. Article 7 of the Ministry of Labor's "Implementation Measures for the Provisions on the Working Hours of Employees" Labor Ministry Fa [1995] No. 143 If there are any of the following special circumstances and urgent tasks, the extension of working hours is not subject to the restrictions stipulated in Article 6 of these Measures: (1) The occurrence of 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) It is necessary to use the suspension period of statutory holidays or public holidays to overhaul and maintain equipment; (4) In order to complete emergency tasks for national defense, or to complete other emergency production tasks arranged by superiors unplanned by the state, as well as for commercial and supply and marketing enterprises to complete urgent tasks for purchasing, transporting, and processing agricultural and sideline products during the peak season.
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1. If you do not go to overtime, it is not considered absenteeism, and the employer shall not force the worker 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 three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed. Employers shall strictly enforce 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 worker in accordance with the relevant provisions of the state.
Article 36 of the Labor Law stipulates that the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours. Article 41 Due to the needs of production and operation, the working hours may be extended after consultation with the trade union and the laborers, 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 under the condition of ensuring the health of the worker, but shall not exceed thirty-six hours per month.
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Legal analysis: The Labor Law stipulates that an employer shall negotiate with the labor union and the employee to arrange overtime, and obtain the consent of the employee. If the employer arranges for the employee to work overtime, and the employee does not go, it is not considered absenteeism.
Legal basis: Labor Law of the People's Republic of China
Article 36 The State shall implement a system of working hours in which the daily working hours of laborers shall not exceed eight hours of blindness and hunger, and the average weekly working hours shall not exceed forty-four hours.
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 small number of minutes 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 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.
Theoretically reasonable.
But the theory is still the theory of the actual way to do this is bound to be unpopular, our company did this, and then many people jumped ship, but the company it doesn't matter, you also said that it was affected by the financial crisis, you left him and then recruit people, absolutely not afraid of not being able to recruit people. So it's good enough to let you rest on a regular basis. However, better companies are generally willing to pay overtime (double pay). >>>More
Illegal. The employer shall formulate an overtime plan in advance when arranging overtime, and the employer that has established a labor union shall notify the labor union and obtain the consent of the employee. >>>More
Illegal acts are also known as "invalid acts". One of the illegal acts. Acts that violate laws and regulations. >>>More
Or is it because the company's leaders are not human, they only look at the interests of the company.
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary: >>>More