With regard to overtime pay for working hours, it is said that overtime pay will not be paid if the

Hello, to the problem you described, the lawyer replied as follows:

First of all, you need to confirm the facts of the employment relationship with the employer, such as pay stubs, attendance records, and documents in the course of work.

Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages.

Third, the employer shall notify the employee one month in advance when terminating the labor contract, otherwise it shall pay one month's severance as a payment in lieu of payment.

Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment.

Fifth, if an employer illegally terminates a labor contract, it may claim economic compensation, which is twice the amount of economic compensation.

Sixth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

Labor Contract Law of the People's Republic of China.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Overtime can be interchangeable with rest, but it should be in the current month, not the next.

If you do not sign a contract, you can claim double wages within one year, and if you do not sign a contract, you can claim that it is an indefinite labor contract; The absence of insurance can be a reason for the employee to terminate the contract and claim compensation.

Article 85 of the Labor Contract Law stipulates that if an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the employer shall be ordered to pay additional compensation to the employee at the rate of 50% to 100% of the amount payable

1) Failure 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.

Theoretically, more than 3 months without a labor contract can get a maximum of 11 months of double pay (i.e. from the day you go to work), special occupations such as security or security management can be exempted from the 8-hour work limit but need to be reported, but the actual operation is difficult, you can try.

Illegal. 1. According to the provisions of the Labor Law and the Labor Contract Law, normal wages and overtime pay should be paid on a monthly basis, and arrears of wages are illegal.

2. If wages are in arrears, the worker can file a complaint with the local labor inspection brigade and request that the wages be paid on a monthly basis.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China? The employer shall, in accordance with the provisions of the labor contract and state regulations, pay the labor remuneration to the employee in full and in a timely manner.

If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

Article 7 of the Interim Provisions on Payment of Wages? Wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day.

Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.

Article 50 of the Labor Law of the People's Republic of China? Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

In addition, if there is a holiday or a rest day, it should be paid in advance, and the employer should pay the employee at least once a month.

Legal basis: Labor Law of the People's Republic of China Article 44 In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours in accordance with the following standards: (1) If the employee is arranged to work longer hours, the employer shall pay the employee a remuneration of not less than 150% of the wage; (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, a wage remuneration of not less than 300 percent of the salary shall be paid.

The monthly salary responsibility system cannot be without overtime pay, as long as it is overtime, overtime pay needs to be paid. Those who work overtime on statutory holidays are generally paid three times the wage, those who work overtime on rest days are paid double the wage, and those who work overtime after work after work are paid double the wage.

[Legal basis].

Article 41 of the Labour Law.

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.

Article 44.

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) 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) 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.