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Leaders who violate labor laws by working compulsory overtime. There will be no prison sentence, but the worker will be compensated according to the law.
Legal analysis
Leaders who violate labor laws by working compulsory overtime. China implements a working system in which the daily working hours of workers do not exceed eight hours, and the average weekly working hours do not exceed 40 hours. If the employer needs to extend the working hours, the working hours may be extended after consultation with the labor union and the employee, 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.
If an employer violates the appeal provisions and forcibly extends the working hours of an employee, it is considered compulsory overtime. If the employer forces the employee to work overtime, he or she can file a complaint with the local labor inspection department or call 12333 to complain. Working 14 hours a day is already a violation of labor law, and working more than 8 hours is considered overtime and must be paid.
If the company does not pay overtime pay, it can apply to the labor department for labor arbitration. The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.
It is interrupted because one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.
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 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 39 Where an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may, with the approval of the labor administrative department, implement other work and rest measures.
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It has been illegal, according to the provisions of the labor law, no more than 40 hours of work per week, even if you are given two days off, it is overtime, if you go to the labor bureau or the labor inspection brigade to complain about him, after verification, you can suspend business for rectification, fine, and pay overtime pay, and if the circumstances are serious, you can be sentenced to prison.
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Definitely illegal. The labor law stipulates that employees work no more than 11 hours per day (three hours are counted as overtime), must have one day off per week, and work no more than 36 hours of overtime per month. If the general labor administrative department finds that it will order improvements, and if it refuses to make corrections, it may be subject to compulsory measures.
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If the boss requires employees to work 14 hours a day, it is a violation of the labor law, if the employee wants to defend his rights, he can go to the labor bureau to complain, the boss will generally not be sentenced for violating the labor law, and the labor bureau will fine according to the relevant laws.
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If the labor law is violated, but there is no criminal sentence, financial penalties can be imposed, and then the penalized employee will be given financial compensation. Compensation can be made on the basis of three times the salary.
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Summary. Hello, it is illegal for an employer to make employees work fifteen hours. According to the relevant regulations, the working hours of an employee shall not exceed eight hours per day and the average working hours per week shall not exceed forty-four hours.
If a worker works 15 hours a day in serious violation of the provisions of the relevant law on working hours, and if the negotiation fails, he or she may file a complaint with the Labour Inspection Brigade and demand payment of overtime wages.
The boss makes the employee work for 15 hours, how to punish.
It is illegal for your good unit to let employees work fifteen hours. According to the relevant regulations, the working hours of an employee shall not exceed eight hours per day and the average working hours shall not exceed 44 hours per week. If a worker works 15 hours a day in serious violation of the provisions of the relevant law on working hours, and if the negotiation fails, he or she may file a complaint with the Labor Inspection Brigade and demand payment of overtime wages.
According to the provisions of the labor law, the work time of each Xingmin period does not exceed 40 hours, even if you are given two days off, it is overtime, if you go to the labor bureau or the labor inspection brigade to complain about him, you can suspend business for rectification, fine, and overtime pay will be paid back, and the circumstances are serious and you can be sentenced to prison.
What evidence do I need to provide.
Don't you have to clock in after work?
The time recorded by the punch can be used as evidence.
Hello, there are two suggestions for this matter:
1. From the perspective of laws and regulations, the labor law has made detailed provisions on the labor relationship between employers and employees, if employees need to resign, they should submit their resignation reports in writing one month in advance (including paper writing, e-mail, text messages, and office system submission processes), and after one month, regardless of whether the employer agrees, the employee can leave the company, and if the employer does not pay wages or has other retaliation, he can go to the labor bureau to apply for arbitration or go to the court to sue; >>>More
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Labor. Chapter IV Working Hours, Rest and Vacation.
Article 36 The State implements a system of working hours in which the daily working hours of laborers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours. >>>More