Is it reasonable to work 60 hours a week for three consecutive weeks and still be treated as an unde

The labor law stipulates that the 8-hour working day is not legal, and it is not legal to pay overtime if it is exceeded, which is no longer reasonable and unreasonable.

You can go to the labor and social security department to complain about him, but if you can't do it, you can go through the legal process.

Article 36 of the Labor Law of the People's Republic of China stipulates that: "The State shall implement 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. "Provisions on the working hours of employees Employees work 8 hours a day and 40 hours a week.

Therefore, the working hours of the worker are 40 hours per week, 8 hours per day, and overtime pay is paid for exceeding the statutory time.

Article 44 of the Labor Law of the People's Republic of China stipulates: ".

Under any of the following circumstances, the employer shall pay the employee a wage higher than the employee's normal working hour wage in accordance with the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid;

2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid;

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. ”

If you work more than the statutory hours, you should be paid overtime as required by law. You can request the labor dispute mediation committee of the enterprise to mediate, and if the mediation fails, you can apply to the labor dispute arbitration committee for arbitration, and if the arbitration fails, you can file a lawsuit with the people's court.

deprived of your right to rest, you can complain to the labour inspectorate;

After receiving reports and complaints, the labor inspection brigade conducts an investigation and on-site inspection, and makes a decision on handling within 60 working days.

The company makes the rest count as a lack of work, and those who have overtime can be topped, and one hundred will be deducted for one day if there is no overtime, and our unit has been doing this for several years, is this legal?

But the company still has a subsidy for the basic salary! Everything is deducted, and if you don't go to work for a few days off, you will have to deduct more than 100 per day, not because you don't count your salary, but you have to deduct your salary.

According to your description, the employer you work for is a private company, how to take leave, should be clearly stipulated in the labor contract between you and the company, if the enterprise violates the rules, you can report to the local labor and social security bureau, or apply to the local labor inspection brigade for assistance, you can also apply to the local labor arbitration commission for arbitration.

Is your unit a production-oriented enterprise? I suggest you check whether your employer has applied for comprehensive working hours, and you can check with your local labor department for details.

Because there are few cases of direct violations of the law in joint ventures, the foreign representative of a joint venture will almost always ask a local lawyer to specify the corresponding clauses first.

Generally speaking, if an enterprise applies for comprehensive working hours, it is difficult to claim anything if it is closed in the off-season and overtime in the peak season.

Foreigners don't do that, it's all tricks that the Chinese have come up with. Overtime on weekends is legal. It is illegal to work overtime and take time off.

But to put it bluntly, if you don't want to do it, you can ask for overtime pay, and you don't sign your overtime to be counted as a vacation time. Otherwise, it will be difficult to win. The law is labor-oriented, but the local ** needs taxes, so it's hard for you to win.

There was a time when we owed a few days to work, and the company asked us to return to work.

I started working 5 weeks ago, which means that I have been working for more than a month without a break (and night shifts).

Last week, some of our shifts were paid off, but the company didn't count overtime for those who paid off, but instead owed us.

In the future, it is convenient to let us take a vacation when the company's production is low. The company is nominally saying that it is a compensatory holiday.

Is it legal?

Hello: Compensatory leave is legal. But it is not reasonable to work continuously without rest. According to labor laws, there is at least one day off per week.

In addition, the company requires us to work overtime on weekends, (in fact, it is to let us go to work, and then we are not paid overtime pay, that is, we are owed) I don't go to work, then I am naturally legal, and I also know. But once the company gives me a day off on weekdays, that is to say, I owe the company's shift at that time, and then I am required to return work on the weekend, if I don't go, is it legal?

This one is also legal. But as above, it's best to take one day off a week.

The company gives you a weekday off, which can not be counted as a salary, but it cannot require you to return to work. It's problematic to do so.

People crowded into the sheds to pull cattle according to the results of catching paper eggs.

There is no such thing as a lack of class. If you take personal leave, your salary will be deducted.

According to the understanding of the statement, it is divided into two kinds, one is that the employee takes personal leave, resulting in the so-called non-compliance, in this case, the enterprise can not pay the wages of the employee during the leave, and the actual salary of the shift still needs to be paid in full, and the other is that the employee is unable to provide labor due to the reasons of the enterprise, and the enterprise pays the wages as usual, and informs the employee that you owe the enterprise the actual number of working days (or cumulative working hours), if it belongs to the latter, the enterprise's argument is not valid, because according to the Interim Provisions on Wage Payment Article 12 Where the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the wages of the employee according to the standard stipulated in the labor contract. If the wage payment cycle exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.

If your company exceeds 44 hours a week, your company is already breaking the law. You can apply for arbitration

Article 36 of China's Labor Law 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 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, provided that the health of the worker is guaranteed.

If the employer requires the employee to go to work on the statutory holiday, he or she needs to pay three times the salary, which is not considered to be in arrears at all.

If there is a contract first, it should be more reasonable.

First, it is not illegal, there is no explicit provision in the law that the employees of the enterprise or unit cannot take leave (change shifts), as long as the parties concerned are approved by the company's leaders, they can take leave, which is within the scope of the internal management system of the enterprise or unit.

二, 語休 (tiáo xiū):

1. It refers to ordering them not to go to work on a working day, but asking employees to return to work on weekends; Or because you have work and need to work on holidays, you will use the working day to make up for it later.

2. In accordance with the provisions of Article 43 of Chapter IV of the Labor Law of the People's Republic of China - Working Hours, Rest and Leave (2) If the worker is arranged to work on the rest day and cannot arrange compensatory leave, the wage remuneration shall not be less than 200% of the wage;

3. If the company first asks employees to "owe work", then it is "return to work" on the weekend; or work on holidays and then compensatory time off, and the company still pays the employee's basic salary for the working day. Therefore, some companies often adopt the method of compensatory leave.

Do you have irregular working hours? Has it been approved, is there any agreement on working hours in your labor contract, and how to arrange working hours in the rules and regulations of the enterprise?

Enterprises can arrange compensatory holidays on weekends, but enterprises cannot arrange compensatory holidays on statutory holidays.

If none of the above is the case, then the business is illegal.

If you care about the job, you can't help it, if you want to change jobs, collect evidence (attendance card, labor contract), and apply for labor arbitration. There is no fee for labor arbitration.

You can apply for labor arbitration at the arbitration commission where your employer is located, or you can file a complaint with the labor inspection department.

If you don't want to do it. It can be reported to the Labour Inspection Brigade.

Theoretically.

But it's like this all over China. Also tube per person.

Guangdong lawyer Hu:

Report the complaint to the Supervision Brigade of the Labor Bureau.

I didn't go to work for 2 hours at noon, I owe 2 hours, and I work overtime for 2 hours at night.

It's just that you didn't work a two-hour shift, and you added a two-hour shift at night to make up for it.

It's not legal and it's not reasonable, but you can't do anything. After all, you still have to do it there, even if you leave, with such an experience of working against the boss, who wants to use you, it will be difficult to find a job. In China, ordinary people are wronged every day, and they can't only endure it.

The Chinese people are too bitter.