Is the 12 hour workday a labor law violated? How does the labor law clearly regulate working hours?

The 12-hour working day violates the law, which stipulates that overtime work cannot exceed three hours per day and the normal working hours are eight hours, so the 12-hour working day violates the labor law. It is important to note that a day refers to 0:00 a.m. to 24:00 today. If the working hours are more than 24 o'clock in the morning, the working hours of the next day will be counted as the working hours of the next day, and as long as the working hours from 0:00 to 24:00 on the day do not exceed 12 hours, there is no violation of labor law.

The 12-hour working system of enterprises generally has a zero part, so as to ensure that the daily working hours do not exceed 12 hours (one day off on the previous two days or 12 hours a day and 8 hours on the second day) to avoid violating labor laws.

At present, China implements a standard working hour system of 8 hours a day and 40 hours a week. Enterprises with conditions should implement a standard working hour system. Some enterprises cannot implement the standard working hours system due to the nature of work and production characteristics, and should ensure that workers work no more than 8 hours a day, no more than 40 hours a week, and at least one day off a week.

Combined with the above provisions, the overtime pay is 150% of the person's salary on weekdays, 200% on weekends, and 300% on national holidays. However, this is only the proportion set by the state, and the key to the amount of overtime pay is the wage base. If the employer refuses to pay overtime wages, it may file a complaint with the local labor inspection brigade or initiate labor arbitration.

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 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.

Article 41 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally 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.

1. Does the 12-hour work day violate labor laws?

Hourly work is not necessarily illegal, and this can be legally calculated in two ways:

1) Employees work 12 hours a day, 3 days a week. Then the total number of hours worked in a week is 36 hours, and there is no limit of more than 40 hours in a week. Such operations are legal, such as bus drivers, many of whom come to work according to this;

2) Employees work 12 hours a day, and the extra part is counted as overtime hours. As long as the overtime hours are controlled within 36 hours a month, the company's practice is also legal.

If an enterprise requires employees to work 12 hours a day, it is illegal for the company to calculate it, even if the excess part is calculated as overtime hours.

2. Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China.

In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; 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.

2. From the perspective of the work system, there are three ways: standard working hours and irregular working hours, and comprehensive calculation of working hours.

1. Standard working hours system: suitable for personnel with fixed working hours, that is, working 5 days a week, working 8 hours a day, and working no more than 40 hours a week. For example, administrative staff;

2. Irregular working hours: suitable for those who need to work flexibly or work flexibly because their work cannot be measured by standard working hours. e.g. salesmen, etc.;

3. Comprehensive calculation of working hours: suitable for weekly, monthly, quarterly, yearly, etc., comprehensive calculation of working hours, and personnel who need to work or work continuously. For example, people in industries such as railways, aviation, tourism, etc.

"The employment regulations of enterprises stipulated in the Labor Law are aimed at standardizing the enterprise system and safeguarding the rights and interests of workers. However, there will be differences in the rules of working hours for different jobs, some jobs such as front-line equipment maintenance departments require mobile phones to be on call 24 hours a day, and some need to support work needs at home after returning from work. More overtime needs are due to the fact that the workload is large, and the tight deadline needs to be completed by overtime.

It is not correct to feel that you can set your own time without the protection of the state because you feel that your company is your own company.

This is due to the fact that the 12-hour workday can bring more benefits to yourself, can bring more value, can save costs, and can also get free access to labor, which can improve the efficiency of the company.

Legal Analysis: Hourly employees are part-time employees as mentioned in the Labor Contract Law of the People's Republic of China. The general working hours of an employee in the same unit shall not exceed four hours per day, and the two parties may enter into an oral agreement without agreeing on a probationary period, and either party may terminate the employment at any time by notifying the other party, and the remuneration standard shall not be lower than the minimum hourly wage standard stipulated by the place where the employer is located.

Legal basis: Labor Contract Law of the People's Republic of China

Article 68 "Part-time employment" refers to a form of employment in which the average daily working hours of the workers in the same employer do not exceed four hours, and the cumulative working hours per week do not exceed 24 hours.

Article 69 The parties to a part-time employment may enter into an agreement on the head of the part-time employee. Workers engaged in part-time employment may conclude labor contracts with one or more employers; However, the employment contract concluded later shall not affect the performance of the employment contract concluded earlier.

Article 70 The parties to a part-time employee shall not agree on a probationary period.

Article 71 Either of the parties to a part-time employment may terminate the employment at any time by notifying the other party. If the employment is terminated, the employer shall not pay economic compensation to the employee.

Article 72 The hourly remuneration standard for part-time employment shall not be lower than the minimum hourly wage standard prescribed by the people in the place where the employer is located. The period for settlement and payment of labor remuneration for part-time employees shall not exceed 15 days at the longest.

Legal analysis: The 12-hour working day violates the labor law, which stipulates that overtime shall not exceed 3 hours per day, and the normal working time is 8 hours, so the 12-hour working day violates the labor law. Please note, however, that a day refers to 0:00 a.m. to 24:00 today.

If the working hours are more than 24 o'clock in the morning, the working hours of the next day will be counted as the working hours of the next day, and as long as the working hours from 0:00 to 24:00 on the day do not exceed 12 hours, there is no violation of labor laws.

Legal basis: Article 41 of the Labor Law of the People's Republic of China Luxun Employers may extend their working hours after consultation with the labor union and workers due to the needs of production and operation, 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.