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The working hours stipulated by the state are: full-time employment, daily working hours shall not exceed 8 hours, and weekly working hours shall not exceed 44 hours, and the employer shall ensure that the employees have at least one day off per week. Part-time employment, with a daily working time of no more than 4 hours and a cumulative weekly working time of no more than 24 hours.
Legal analysis
The legal working hours are the maximum working hours of the workers in accordance with the national laws. If it is exceeded, first, the employee has the right to refuse (there are statutory special and non-refusable circumstances), and second, overtime pay must be paid. The state implements that workers should deduct 104 days of public holidays for 52 weeks and 11 statutory holidays from the 365 calendar days of the year, and should work 250 days a year, with an average of 8 hours per month.
Based on this calculation, the average working hours should be about 167 hours per month. The working hours system shall not exceed the above-mentioned quota. For workers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system stipulated in the Labor Law.
The Labor Law stipulates that if an employer arbitrarily or compels an employee to extend working hours, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine. For workers with standard working hours, generally the working hours cannot exceed 8 hours per day, and if the specified or agreed time is exceeded, it is an extended working time, which is often referred to as overtime. At this time, if the employer arranges overtime, the employer can be required to pay a certain amount of overtime pay.
Although the law stipulates that the average working hours per week shall not exceed 40 hours, this does not mean that the rest happens to be taken on weekends.
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 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.
Labor Contract Law of the People's Republic of China Article 85 In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
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The state stipulates that the working time is 8 hours a day. According to the relevant provisions of the "Provisions on the Working Hours of Employees", the state implements a working hours system of 8 hours a day and an average of 44 hours per week. Where labor is carried out under special conditions or there are special circumstances that require an appropriate shortening of working hours, it shall be implemented in accordance with the relevant provisions of the State.
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The daily working hours are not more than eight hours. According to Chapter 4 of the Labor Law, 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 follow the provisions of Article 36 of this Law for workers who work on a piece-rate basis.
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Generally speaking, contract law stipulates that there are a little more than 22 days per month, an eight-hour working day and a five-day working day. As long as these hours are exceeded, they should be counted as overtime pay
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According to the national regulations, it is an eight-hour working day.
Question: How many days off are there in a month?
The eight-hour workday is a working system in which the length of the working day is 8 hours under national law. At present, the eight-hour work week is widely practiced in all countries of the world. A normal working day is 8 hours from 9 a.m. to 5 p.m.
The Labor Law does not explicitly stipulate that employees should have a few days off per month, but the Labor Law stipulates that employers should ensure that employees have at least one day off per week. The specific date of rest for the employee shall be negotiated with the employer at the time of signing the labor contract.
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The legal working hours shall not exceed 44 hours per week. If the production characteristics of the enterprise cannot be implemented, other work and rest methods may be implemented with the approval of the labor administrative department. If an employer needs to extend working hours due to production and business needs, it may be extended after consultation with the labor union and the employee, and generally shall not exceed one hour per day.
The State stipulates that workers shall not work more than eight hours a day. 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 that have been approved to implement comprehensive calculation of working hours shall comprehensively calculate working hours on a weekly, monthly, quarterly, annual and other cycles, provided that their average working hours and average weekly working hours shall be basically the same as the statutory standard working hours.
Employees who have been approved to implement the irregular working hours system are not subject to the daily extended working hours standard and monthly extended working hours as stipulated in Article 41 of the Labor Law, but the employer shall adopt appropriate working and rest methods such as flexible working hours to ensure the employees' right to rest and leave and the completion of production and work tasks. For enterprises that implement the standard working hours system, the extension of working hours shall be strictly implemented in accordance with the provisions of Article 41 of the Labor Law, and the extended working hours shall not be calculated on a quarterly or annual basis. 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 employee in accordance with the relevant provisions of the state.
Legal basis: Article 36 of the Labor Law stipulates that 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.
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The State implements a system of working hours in which the daily working hours shall not exceed eight hours and the average weekly working hours shall not exceed 40 hours. The employer shall ensure that the employee has at least one day off per week. If the employer needs to extend the working hours, the employer may extend the working hours after consultation with the labor union and the workers due to the need for imitation combustion due to production and operation, 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 laborers, but shall not exceed 16 hours per month of Sanyan excavation.
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Summary. Dear, I am happy to answer for you, it is illegal to work 8 hours a day, work no more than 3 hours a day, arrange at least one day off a week, and extend the working hours without calculating the corresponding remuneration. The average working week does not exceed forty-four hours.
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 ri; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per ri, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.
Dear, I am happy to answer for you, it is illegal to work 8 hours a day, work no more than 3 hours a day, arrange at least one day off a week, and extend the working hours without calculating the corresponding remuneration. The average working week does not exceed forty-four hours. Due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the labor defendant, which shall generally not exceed one hour per ri; If it is necessary to extend the working hours due to special reasons for the balance of shortages, the extended working hours shall not exceed three hours per ri, but shall not exceed thirty-six hours per month, under the condition of ensuring the health of the worker.
Legal basis: Article 41 of the Labor Law of the People's Republic of China may extend the working hours of the employer after consultation with the labor union and the workers due to the needs of production and operation, and generally shall not exceed one hour per ri; If it is necessary to extend the working hours due to special reasons, the extended working hours may exceed three hours per ri, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed. Article 3 of the "Provisions on the Working Hours of Employees" is that employees work 8 hours per day and 40 hours per week.
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The State stipulates the number of working hours in a day The State implements a working hour system in which the daily working hours shall not exceed eight hours and the average weekly working hours shall not exceed 40 hours. The employer shall ensure that the worker has at least one day off per week. If the employer needs to extend the working hours, the employer may, due to the needs of production and operation, 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 under the condition of ensuring the health of the worker, but shall not exceed 36 hours per month.
Article 36 of the Labor Law 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 41 of the Labor Law The employer may, after consultation with the labor union and the workers, extend the working hours due to the needs of production and operation, 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. The average worker works a standard working hour, which means that the average working day cannot exceed 8 hours, and the weekly working hours cannot exceed 44 hours.
If the employer needs to arrange employees to extend their working hours, it is actually allowed, of course, under normal circumstances, employees also have the right to refuse overtime arrangements.
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