Is there any overtime pay for being dismissed?

There is also overtime pay if there is overtime. Do not complain to the Human Resources and Social Security Bureau.

Labor Contract Law.

Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; 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 labor remuneration of the worker 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 at a rate lower than the local minimum wage standard;

3) arranging 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.

Overtime pay is a provision of the Labor Law, and employees belonging to enterprises and individual economic organizations are entitled to overtime pay for overtime work on working days and statutory holidays, and overtime pay is entitled to overtime pay for overtime work on rest days that cannot be compensated. Article 2 of the Labor Law stipulates that this Law shall apply to enterprises and individual economic organizations (hereinafter referred to as employers) within the territory of the People's Republic of China and the workers who have formed labor relations with them. Article 44 In any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for normal working hours according to the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wages shall be paid; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where 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.

Before being dismissed, they all came to work as normal, so it stands to reason that there should be.

Can I still congratulate the group or ask for overtime pay after being dismissed or dismissed?

After the employee resigns, as long as the application is made within one year and there is evidence of overtime, the employee can apply for labor arbitration to request the employer to pay the overtime pay. Evidence to prove overtime hours mainly includes: attendance sheets, timecards, overtime approval forms, overtime notices, surveillance videos, witness testimony, written records of the work done during overtime, e-mails, etc.

Article 31 of the Labor Contract Law stipulates that employers shall strictly enforce the labor quota standards and shall not force or covertly compel employees 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 analysis: After the employee leaves the company, as long as it is submitted within one year and there is evidence of overtime, the employee can apply for labor arbitration to request the employer to pay the overtime pay. The evidence to prove the overtime hours of the regular period mainly includes:

Attendance sheets, attendance cards, overtime approval forms, overtime notices, surveillance videos, witness testimony, written records of the work done while working overtime, e-mails, etc.

Legal basis: Article 31 of the Labor Contract Law stipulates that employers shall strictly enforce labor quota standards and shall not force or covertly compel employees to work overtime. If the employer arranges overtime, it shall pay the employee overtime pay in accordance with the relevant provisions of the state.

After being dismissed, you can still ask for overtime pay. If the employer refuses to pay, it can go to the labor inspection brigade of the local social security bureau to report a complaint or apply for labor arbitration. Article 44 of the Labor Law In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours according to 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) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where 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 45 The State implements a system of paid annual leave. Employees who have worked continuously for more than one year are entitled to paid annual leave.

The specific measures are stipulated by ***. Legal basis: Article 2 of the Law on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of the relationship between Lao Wei and the Burning of the Cave Tomb; (2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, work-related injuries, medical expenses, economic compensation or compensation, etc.; (6) Other labor disputes as stipulated by laws and regulations.

After being dismissed, you can still ask for overtime pay. If the overtime is not paid after resignation, the employer can negotiate with the unit to request payment with the actual evidence such as overtime records, and if the employer refuses to pay, it can go to the labor inspection brigade of the local social security bureau to report the complaint or apply for labor arbitration.

The law is based on the bridgeArticle 2 of the Law on Mediation and Arbitration of Labor Disputes.

This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations shall be eliminated; (2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor compensation, medical expenses for work-related injuries, compensation or compensation for economic bending, etc.; (6) Other labor disputes as stipulated by laws and regulations.

Overtime pay that can be reciprocated. The applicant shall apply for labor arbitration to the local labor dispute arbitration commission within one year from the date of occurrence of the labor dispute. In order to speed up the case filing procedures, the applicant shall submit the following materials when applying for labor arbitration at the case filing room:

The employee shall submit the following information to apply for arbitration:

1) A written statement of claim for arbitration, with copies submitted in accordance with the number of respondents. According to Article 28 of the Labor Contract Law, the claimant shall submit a written application for arbitration and submit copies according to the number of respondents. The statement of claim for arbitration shall contain the following particulars:

1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses.

1) If it is difficult to write an arbitration application, the application may be made orally, which shall be recorded in the record by the labor dispute arbitration commission and informed to the other party.

2) ID card and photocopy; If there is a client, it is necessary to submit a "Power of Attorney", indicating the authority of the entrustment, and at the same time submit the identity certificate of the client; Respondent's industrial and commercial registration information; Proof of the existence of an employment relationship between the applicant and the respondent. Supporting materials include: labor contract, work permit, brand, work card, salary schedule (slip), employment registration form, deposit receipt, as well as proof of punishment and notice of dismissal, removal, dismissal, dissolution (or termination) of labor relations, etc.

The applicant should submit the original and a copy of the supporting materials, and return the original after review. Submit the List of Evidence in duplicate. If there is a request for overtime pay, the overtime pay for extended working hours or rest days or statutory holidays, as well as the specific time, number of days or hours of overtime, and the specific amount of overtime pay, shall be listed.

In addition to the above-mentioned materials, the application for arbitration must have a signature form of all employees, and the applicant must also recommend an arbitration representative, the number of arbitration representatives shall be determined by the labor dispute arbitration commission, and a list of arbitration representatives and a signature form of all employees shall be submitted. In the case of a collective dispute over wage arrears, the applicant is also required to submit a list of employees whose wages are owed by the employer and a table of the amount of arrears.

1) Written application for arbitration, with copies according to the number of respondents; A copy of the copy of the business license of the unit (with the official seal); Proof of legal representative; Proof of the existence of an employment relationship between the applicant and the respondent. If there is a client, a "Power of Attorney" shall be submitted, indicating the authority of the entrustment, and the identity certificate of the entrusting person shall be submitted at the same time; Submit the List of Evidence in duplicate.

As long as you have evidence that your overtime company did not pay you, then you have the benefits you deserve.

Employees should be paid for overtime work prior to dismissal.