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According to labor laws.
The company's regulations have completely violated the relevant provisions of the labor law and are therefore illegal. In addition, the employer must ensure that the employee has at least one day off per week, and pay overtime pay for the excess working hours in accordance with the relevant regulations.
However, many companies require employees to work overtime and deduct money if something goes wrong.
It's completely untenable for companies to have employees work 10 hours a day. However, we found that there are many employees around us who work 10 hours a day, especially some large Internet companies.
Many implement 996, on the one hand, because enterprises require employees to work overtime in order to reduce costs and maximize benefits, so we can collect relevant evidence of overtime and conduct labor arbitration.
Require the company to pay overtime wages.
If you encounter this kind of salary that often asks for overtime, I recommend just leaving. Now there are some small companies, simply do not comply with the relevant provisions of the labor law, often squeeze and exploit employees, and even owe employees wages, because many employees do not have much legal awareness, plus there is not much money, so even if they suffer a little loss at work, there is not too much accountability, and it is this way of dealing with it, so that many enterprises have intensified, resulting in employees are not working overtime, or on the way to overtime, and rarely have their own personal rest time.
Now there is increasing pressure of competition in the country. On the one hand, due to the economic downturn, on the other hand, the number of graduates every year is increasing, which also leads to more and more competition for a position, and enterprises will have more bargaining space, and even put forward some excessive requirements, after all, you are not willing to come, others are willing to come, it is this vicious circle that leads to the frequent occurrence of enterprise pathology, which requires the state to strengthen supervision.
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Illegal. Because the general work cannot exceed 8 hours, and if it exceeds 8 hours, it must be voluntary, not forced, so I think it is not legal.
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This is not legal because the labor law stipulates that the working day should be 8 hours, and overtime pay is required if it is exceeded.
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This is not legal at all, because the labor law stipulates that everyone can work eight hours a day, and if they exceed half an hour, they will have to pay extra overtime.
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Square peg. The normal working hours are usually 8 hours, and the company will act as an oppressive behavior, so you must report it.
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Legal Analysis: Not Illegal. There is a provision in the Labor Law that the employer may arrange the working hours of the employee according to the situation. Especially in the service industry. In fact, there are a lot of 12 hours in the factory. However, overtime pay will be given accordingly.
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 eight hours and the average weekly working hours shall not exceed forty-four hours.
Article 31 Employers shall strictly enforce the labor quota standards and shall not force or covertly compel laborers to work overtime. If an employer arranges overtime, it shall pay overtime pay to the employee in accordance with the relevant provisions of the state.
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Legal Analysis: Not Legal. The State implements that the daily working hours of workers shall not exceed eight hours. A system of working hours in which the average working hours per week does not exceed 44 hours.
Legal basis: Labor Law of the People's Republic of China
Article 36 The State shall stipulate that the daily working hours of laborers shall not exceed eight hours. A system of working hours in which the average working hours per week does not exceed 44 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 An enterprise cannot implement Article 36 of this Law due to the characteristics of its production. Article 38 stipulates that other work and rest measures may be implemented with the approval of the labor administrative department.
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) Laws. Other holidays and holidays stipulated by regulations.
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.
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Legal Analysis: Illegal, the state implements that the daily working hours of workers do not exceed eight hours. A system of working hours in which the average working hours per week does not exceed 44 hours.
If an enterprise needs to extend its working hours due to production, it shall not exceed three hours per day and 36 hours per month, and it violates the relevant provisions of the Labor Law by working 12 hours a day.
Legal basis: Labor Law of the People's Republic of China Article 36 The State implements a working hour system 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 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.
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Legal Analysis: Labor law is violated, as the statutory maximum is eight hours.
According to the provisions of the current labor law of the People's Republic of China, employers should generally implement a standard working hour system of eight hours per day and 40 hours per week.
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 laborers 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 the standard of piecework or imitation remuneration for laborers who work on a piece-rate basis in accordance with the working hours system stipulated in Article 36 of this Law.
Article 38 The employer shall ensure that the worker has at least one day off per week.
What if it is against the law?
If the company requires employees to have a management background, it proves that the company attaches great importance to management, the company has the company's rules, management, and is also a foundation for managers, so the company does not require too much, and there is no basis for management if management is not good.
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Piecework refers to the working time based on the specified number of pieces or the amount of completed pieces. Your situation is not part of the piecework period. >>>More
The focus of the class teacher's daily work is to teach the students how to study and to correct the students' homework.