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You can get it back, but generally not through the labor bureau, but through the labor arbitration commission or the court.
According to the law, full-time workers cannot work more than 8 hours a day, and they should be paid overtime wages on time for more than 8 hours.
If it is a working day, the multiplier is multiplied, if it is a public holiday, the multiplier is doubled, and if it is a public holiday.
The multiplier is 3x.
How is the amount of overtime pay calculated? Here's an example.
For example, if your monthly salary is 5,000 yuan, and you work 10 hours of overtime this month, all of which are working on weekdays, then your overtime pay.
The formula for calculating wages is: 5,000 yuan divided by days divided by 8 hours multiplied by times multiplied by 10 hours equals 431 yuan.
However, the respondent suggested that you negotiate with the employer first, and then go to the local arbitration commission to apply for arbitration if the negotiation fails. Let's talk about this so much first, I hope it will be useful to the subject.
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If you work more than eight hours a day, of course, you can get your overtime pay back, because the labor law stipulates that working hours a day is eight hours, and it is illegal for the unit to work more than the specified time, and the employee can complain to the labor department.
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If you work more than eight hours a day, you don't have to go to the labor bureau to file a complaint, you can negotiate with the company, or you can combine with the union to negotiate with the company on your behalf.
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If you work more than 8 hours a day and the leader has asked for your consent to work overtime, you have no way to sue, but if you do not agree, the leader forces you to work overtime, and you can go to the labor bureau to sue.
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According to the labor law, overtime pay is calculated according to the double wage after working more than 8 hours.
Labor Law of the People's Republic of China
Article 44 In any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours 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.
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.
If the negotiation fails, the labor arbitration may be applied.
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No, if the employee works more than 44 hours per week, the employer shall pay overtime pay for the excess, otherwise it is an illegal act, and the employee can complain to the local labor inspection brigade or apply for labor arbitration to protect his legitimate rights and interests.
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Yes, you can apply for labor arbitration or file a complaint with the local labor inspection brigade for overtime pay.
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The state stipulates that the working hours are eight hours a day, and more than eight hours is overtime, if you feel that the company does not pay overtime, you can apply for arbitration, or sue, but then I am afraid that your work will end here.
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Yes, it is recommended to consult the labor bureau first. See what materials to prepare. Don't complain directly, the complaint will be processed.
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If your salary. It's proportional to the number of hours you work. Then you can too. Don't go. Labor Bureau Notice. The salary of the majority. It's all about time, and the longer the time, the more wages you earn. Unless you're on a monthly salary.
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Why sue? Can you sue and win? Some jobs are 12 hours a day, you can be realistic, you can change jobs if you don't do it, and you will only ask for trouble.
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If you occasionally work more than eight hours a day, it is normal, if you often work more than eight hours without reasonable compensation, or use compulsory means, then you can prepare certain materials to go to the Dongshan Labor Department to report the number?
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In fact, if these are more than eight hours, you can see what kind of situation it is, because he will give you overtime pay for some overtime, of course, there is no overtime pay, you have to see what you think, it depends on the end of the unit. Do you treat employees well?
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If you feel that this work model is not acceptable, you can change the working environment, and if you go to the lawsuit after the incident, you may not be able to get a good solution.
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If I work more than eight hours a day, do I have to go to the labor bureau to file a complaint? This netizen. For more than eight hours, he was paid overtime. He doesn't want to pay overtime. It is possible to prosecute.
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I have a job in a state-owned enterprise, I am lucky enough, I go to a private company and try it with an individual, and I still want to sue for more than 8 hours, and I want to sue if I don't want to do it.
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The eight-hour working day is clearly stipulated by Article 3 of the "Regulations on the Working Hours of Employees", "Employees work 8 hours a day and 40 hours a week". As long as it is not a part-time employee.
Rather, if a labor contract is signed with the employer, it must be strictly observed.
As for "the contract stated that it does not exceed 3 hours a day", it was a clerical error and should be corrected.
The eight-hour working day is statutory, and the company's requirements are in accordance with the law and are not improper.
If you are stubborn and refuse to work according to the company's requirements, you are suspected of seriously violating the rules and regulations of the employer (you need to go through the workers' congress to congratulate you.
reviewed and approved and publicized to every employee), it will be in accordance with the "Labor Contract Law".
Article 39 "The employer may terminate the labor contract under any of the following circumstances: (2) if the employer seriously violates the rules and regulations of the employer", the employer shall terminate the labor contract and shall not be required to pay economic compensation.
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The working hours stipulated by the labor law are generally eight hours, and the company requires you to work eight hours, which is a very legitimate requirement and does not violate the labor law.
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The labor law does not stipulate that the working hours of a day are 8 hours, and if your employment contract stipulates that the working hours do not exceed 3 hours a day, then Gonghui Command Company is violating the contract and illegal. You can refuse the company's approach, and if the company fires you for this, it will constitute an illegal termination of the employment contract.
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The labor law has an 8-hour workday, and the contract states that there are no more than 3 hours a dayThen you should be a part-time employee, and it should be executed according to the contract.
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Eight hours, this is the international general working time system, the hole book Wang He contract is written in a Na Tsai day does not exceed the posture of the pants over three hours, maybe the word is more blurry, the printing is not complete, unless it is some special work, otherwise there is no three-hour work system,
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This is not illegal, as the labor law clearly stipulates an eight-hour working day.
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OK. The labor law stipulates that if the employer works more than the legal hours for eight hours a day, it is an illegal act, and the employee can file a complaint with the labor department.
According to Article 5 of the Measures for Punishment of Violation of the Labor Law of the People's Republic of China, if an employer extends the working hours of an employee for more than three hours per day or 36 hours per month, it shall be given a warning, ordered to make corrections, and may be fined not more than RMB 100 for each employee for each hour of working hours. You can file a complaint with the labor administration department by providing the relevant overtime order.
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OK. The labor law stipulates that the working hours of the unit exceed the legal hours for eight hours a day, which is an illegal act, and the employee can file a complaint with the labor department. According to Article 5 of the Measures for Punishment of Violation of the Labor Law of the People's Republic of China:
If an employer extends the working hours of an employee by more than three hours per day or by more than 36 hours per month, it shall be given a warning, ordered to make corrections, and may be fined not more than 100 yuan for each hour of working hours. You can file a complaint with the labor administration department by providing the relevant overtime order. Additional Information:
Article 41 of the Labor Law stipulates that due to the needs of production and operation, an employer may, after consultation with the labor union and the worker, 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. Article 40: An employer shall not extend the working hours of an employee in violation of the provisions of this Law. Article 44 In any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours 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% of the wage.
This is very happy, everyone has different opinions and preferences about their work, so I feel happy and disappointed.
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