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The state stipulates that the working time is 8 hours a day.
The Labor Law stipulates that full-time employees shall not work more than 8 hours per day and 44 hours per week, and the employer shall ensure that the employee has at least one day off per week. Extended working hours, generally not exceeding 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.
Employees pay overtime on statutory holidays:
1. The Labor Law stipulates that if an employee is assigned to work on a statutory holiday, he shall be paid a wage remuneration of not less than 300% of the wage. When calculating overtime pay on statutory holidays, regular wages cannot be offset against overtime wages.
2. The Supplementary Provisions on Issues Concerning the Payment of Wages issued by the former Ministry of Labor clearly stipulate that any employee who is arranged to work longer hours on a statutory working day or work on a rest day without being able to take a compensatory break shall be paid to the employee a wage not lower than % of the employee's hourly or daily wage standard as agreed in the labor contract;
3. If the employee is arranged to work on statutory holidays, the employee shall be paid a wage not less than 300% of the hourly or daily wage standard agreed in the labor contract.
4. Therefore, if an employee works overtime on a statutory holiday, his employer should pay him overtime wages at 300% of the wage standard of a certain day.
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According to the provisions of the labor law, the working hours are 8 hours a day, but only the office personnel of public institutions or enterprises are implemented according to this, and most of the ordinary workers are in 2 shifts, 12 hours a day.
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1. How many hours per day of legal working hours.
1. The number of hours per day of the statutory working hours, depending on the situation, is as follows:
1) The state implements that the daily working hours of workers shall not exceed eight hours;
2) The average working hours of the worker do not exceed 44 hours per week;
3) If the employer arranges for the employee to work overtime, it shall pay the overtime wage.
Employees work 8 hours a day and 40 hours a week, and no unit or individual may extend the working hours of employees without authorization.
2. The legal basis is early: Article 36 of the Labor Law of the People's Republic of China.
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 44 hours.
2. What are the circumstances of extended working hours?
1. Work cannot be interrupted on statutory holidays and public holidays, and must be continuously produced, transported or operated;
2. It is necessary to use the statutory holidays or public holidays to overhaul and maintain the equipment;
3. Due to temporary failures of production equipment, transportation lines, public facilities, etc., it is necessary to carry out emergency repairs;
4. Due to the occurrence of serious natural disasters or other disasters, the safety and health of the people and national assets are seriously threatened, and rescue is required;
5. In order to complete the emergency production tasks of national defense, or to complete other emergency production tasks arranged by the superior in the state plan, as well as the urgent tasks of purchasing, transporting and processing agricultural and sideline products by commercial and supply and marketing enterprises in the peak season.
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Calculation of system working hours:
Year: 365 days - 104 days (rest days) - 11 days (statutory holidays) 250 days.
Quarter: 250 days 4 quarters per quarter.
Month: 250 days, 12 days, 12 days, months.
Calculation of working hours: multiply the number of working days by the 8 hours per day in a monthly, quarterly or annual period.
Legal basis: "Notice on the Conversion of Employees' Average Monthly Working Hours and Wages throughout the Year" According to the provisions of the "Measures for Holidays on National Festivals and Memorial Days" (Order No. 513 of ***), the holiday holidays for all citizens have been increased from the original 10 days to 11 days. Accordingly, the average number of days worked by the system and the wage conversion method for employees throughout the year are adjusted as follows:
1. Calculation of working hours of the system.
Annual working days: 365 days - 104 days (rest days) - 11 days (statutory holidays) 250 days.
Quarterly working days: 250 days 4 quarterly days quarterly.
Monthly working days: 250 days in December.
Calculation of working hours: multiply the number of working days by the 8 hours per day in a monthly, quarterly or annual period.
2. Conversion of daily and hourly wages.
In accordance with Article 51 of the Labor Law, employers shall pay wages on statutory holidays in accordance with the law, i.e., the 11 statutory holidays stipulated by the state shall not be excluded when converting daily wages and hourly wages. Accordingly, the daily wage and hourly wage are converted as:
Daily wage: monthly salary income Number of days of monthly salary.
Hourly wage: monthly salary income (8 hours of paid days per month).
Monthly payroll days (365 days-104 days) 12 days.
3. On March 17, 2000, the Ministry of Labor and Social Security issued the "Notice on Issues Concerning the Conversion of Employees' Average Monthly Working Hours and Wages for the Year" (No. 8 of 2000 issued by the Ministry of Labor and Social Security) and repealed at the same time.
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Legal analysis: no more than eight hours per day and no more than forty-four hours per week on average.
Legal basis: Article 36 of the Labor Law of the People's Republic of China 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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Summary. Dear, I'm glad to answer your <>
The legal working hours are 8 hours a day The state implements a working hours system in which workers work 8 hours a day and 40 hours a week. The national statutory working hours shall not exceed eight hours per day and the average weekly working hours shall not exceed 44 hours, and the employer shall ensure that the employees have at least one day off per week. 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.
How many hours per day are legally worked
Dear, I am very happy to answer your <>
The state implements a working hours system of 8 hours a day and 40 hours a week. The national statutory working hours shall not exceed eight hours per day and the average weekly working hours shall not exceed 44 hours, and the employer shall ensure that the employees have at least one day off per week. Due to the needs of the operation of premature birth, the employer may, after consultation with the labor union and the employee, extend the working hours, which shall generally not exceed one hour per day.
Legal basis: Article 36 of the Labor Law of the People's Republic of China: 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 38 of the Law of the People's Republic of China on the Movement of Labor and Reputation shall ensure that the employee has at least one day off per week. Article 39 of the Labor Law of the People's Republic of China If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, Xinsui Yu may implement other work and rest measures with the approval of the labor administrative department.
How to calculate if you don't pay your salary if you don't pay it overtime.
The employer belongs to the distribution company, and often let the staff type workers load the truck at 6-7 o'clock, and return the hall or let the employees unload the goods after 5 o'clock in the evening.
If the employer deducts or defaults on the employee's wages without reason, it shall pay the employee an additional economic compensation equivalent to 25% of the salary and remuneration in addition to paying the employee's salary and remuneration in full within the prescribed time.
Illegal. So how do you report the employer for forcing a blank labor agreement.
File a complaint with the labor department.
The worker may refuse to sign the contract.
Is it okay to report directly to the Tongzhou Labor Bureau? That's right.
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Legal Analysis: The State implements a system of working hours in which the daily working hours of workers do not exceed eight hours and the average weekly working hours do not exceed forty-four hours.
Legal basis: Labor Law of the People's Republic of China Article 36 The State implements a working hour system in which the working hours of each branch shall not exceed eight hours per branch and the average weekly working hours shall not exceed forty-four hours.
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Summary. Legal basis: Article 36 of the Labor Law of the People's Republic of China 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.
I am happy to answer for you, dear, how many hours a day the legal working hours are, depending on the situation, as follows: (1) the state implements that the daily working hours of workers do not exceed eight hours; (2) The average weekly working hours of the worker do not exceed 44 hours; (Brother Xiang 3) If the employer arranges for the employee to work overtime, it shall pay the overtime wage.
Basis of the law: Article 36 of the Law of the People's Republic of China on the Movement of Labor Songs and Responses, the state implements a working hour system in which the daily working hours of laborers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.
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