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Overtime. Provisions for roommates to work overtime meals. Every overtime is paid for meals, and then for meals.
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Under normal circumstances, there is an overtime meal for overtime. After all, you're asking workers to work overtime. You have to make sure that the workers are well fed before they can work overtime.
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Legal analysis: The state does not specify the unit's meal allowance standard document, which is an internal regulation of the enterprise, and is generally formulated according to the actual local consumption of water bending and formulating meal allowance standards. Meal allowance is generally for working meals (lunch), except for a few positions (security guards and other positions that need to be on duty 24 hours a day), and the calculation formula is:
Daily meal compensation for the deficit x working days of the month.
There are also companies that calculate according to the natural month, or directly issue a fixed monthly fee as a meal subsidy, which refers to the organizational form of the enterprise. A for-profit incorporated corporation. It has achieved a high degree of development in a capitalist society.
After the founding of the People's Republic of China, China carried out a socialist transformation of private companies. The operation and management organizations that implement independent economic accounting in the state-owned industrial, commercial, construction, transportation and other departments, and the professional management institutions divided by industry in some cities, are also commonly referred to as companies.
Legal basis: Labor Contract Law of the People's Republic of China
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
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The Labor Law stipulates that if the employee is not paid overtime wages or fails to pay the overtime wages in accordance with the regulations, it is an infringement of the legitimate rights and interests of the employees. If the employer arranges the employee to work overtime on a working day, it shall pay the employee overtime wages of not less than 150% of the usual wage; If an employee is arranged to work overtime on a rest day and cannot arrange a compensatory break, he or she shall be paid overtime wages of not less than 200% of the usual wage; If an employee is arranged to work overtime on a statutory holiday, he or she shall be paid overtime wages equal to not less than 300% of the usual wage. Employees are required to work 8 hours a day and 40 hours a week, but there is no explanation of the laws and regulations on the specific definition of working hours.
Therefore, at present, does it include the time when the employee is in transit to and from work (including the time on the business trip), the time for preparation before work, the time for sorting and handing over before the end of work, and the time for meals. If I work more than eight hours of normal work, is it considered overtime? If there is no agreement between the employer and the employee, according to judicial cases in practice, the general principle is that overtime is not simply a matter of time, but needs to be supported by specific work.
Legal basis:
Labor Contract Law of the People's Republic of China
Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
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 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
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Legal analysis: Generally, overtime is not allowed, and overtime is paid for overtime.
Basis of the law: Article 44 of the Labor Law of the People's Republic of China In any of the following circumstances, the employer shall pay the employee a salary remuneration higher than the employee's normal working hours 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) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, 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.
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 3 of the Regulations on the Working Hours of Employees Employees Workers work 8 hours a day and 40 hours a week.
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Due to the needs of production and operation, after consultation with the labor union and the workers, the extended working hours shall not exceed 1 hour per day, the extended working hours shall not exceed 3 hours per day for special reasons, and the extended working hours shall not exceed 36 hours per month. If the employee is arranged to work longer hours, he shall be paid a wage remuneration of not less than 150% of the wage, and the overtime shall not be used to arrange for the suspension of leave and dismissal in the future; If the employee is scheduled to work on a rest day, the employer has the right to replace it with a compensatory leave, and if it cannot arrange a compensatory leave, it shall pay a wage remuneration of not less than 200% of the wage; If an employee is assigned to work on a statutory holiday, the overtime cannot be handled with the compensatory leave arranged later, and the employee shall be paid a wage remuneration of not less than 300% of the wage.
1. Overtime pay standard:
1. During statutory holidays, if the employer arranges the employee to work, it shall pay the employee a wage remuneration of not less than 300% of the employee's salary, and shall not be substituted for compensatory leave or compensatory leave;
2. During the rest day, if the worker is arranged to work and cannot arrange compensatory leave or compensatory leave, the wage remuneration shall not be less than 200% of the worker's wage. If the employer does not specify the compensatory or compensatory time for the employee, the employee has the right to demand double the salary;
3. If the working hours are extended, the wage remuneration shall not be less than 150% of the wages of the workers;
4. It is illegal for an employer to require employees to work overtime without paying overtime pay.
2. Statutory holidays stipulated in our country:
1. New Year's Day; 2. Spring Festival;
3. Qingming Festival;
4. Labor Day;
5. Dragon Boat Festival;
6. Mid-Autumn Festival;
7. National Day.
Legal basisArticle 31 of the Hongji Labor Contract Law of the People's Republic of China An employer 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.
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The rules for overtime are:
Employers shall strictly enforce labor quota standards and shall not force or covertly compel workers to work overtime.
1. Article 41 of the Labor Law stipulates that 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 3 hours per day, but shall not exceed 36 hours per month under the condition of ensuring the health of the worker.
2. Article 38 of the Labor Law stipulates that the employer shall ensure that the employee has at least one day off per week. If an enterprise violates laws and regulations and forces a worker to extend working hours, the worker has the right to refuse.
For workers who implement the standard working hour system, if they work overtime on statutory holidays such as May Day, overtime pay shall be paid at no less than three times the daily wage base, and overtime work on May 2 and 3 shall be paid double the standard of overtime on public holidays.
There is a limit on the time of overtime, and if the employer arranges for employees to work overtime, they need to pay the corresponding overtime wages.
If the employer really needs to extend the working hours of the employee due to production and operation, it needs to negotiate between the labor union and the employee and then work overtime, and it needs to inform the employee that it needs to pay overtime pay, for example, it needs to pay double the wage.
3. Article 31 of the Labor Contract Law stipulates that an employer shall strictly enforce the labor quota standard and shall not force or covertly compel an employee to work overtime.
Labor law stipulates working hours, rest and vacations:
1.The working hours shall not exceed 8 hours per day, and the average working hours per week shall not exceed 44 hours.
2.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 provided for in Article 36 of this Law.
3.The employer shall ensure that the employee has at least one day off per week.
Legal basis
Article 44 of the Labor Law.
In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the employee's normal working hour wage in accordance with the following standards:
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According to the provisions of the Labor Law on overtime, if the working hours of the employee are extended, 150% of the wages shall be paid; Those who work on statutory holidays shall be paid 300% of their wages; Those who do not take compensatory time off on rest days are required to pay 200% of their wages. The employer shall pay the wages in accordance with the law, and shall not deduct or delay the wages of the employees without reason. According to Article 44 of the Labor Law of the People's Republic of China, 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) If a noisy worker is scheduled to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of the wage; (3) Workers who are prepared to work on statutory holidays shall be paid wages and remuneration of not less than 300% of their wages.
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