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The Labor Law clearly stipulates that the average working day for employees is 8 hours, and no more than 40 hours per week.
Article 41 of the Labor Law is due to production and operation.
If necessary, the employer may extend the working hours after consultation with the labor union and the employee.
Generally not more than 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 protecting the health of the workers. So the labor law regulates overtime and overtime pay.
There are strict regulations.
If a company does not comply with labor laws, it violates laws and regulations.
Penalties are required. However, in reality, there are many companies that work overtime in violation of regulations. What should workers do in this situation?
1.Negotiate with businesses for businesses to consider the health of their employees. Even the machine should stop and take a break.
People should get more rest. If there is a physical damage to the employee, the company will also bear the corresponding responsibility. Employees work 12 hours a day, which is beyond the rule of 3 hours of overtime per day.
Working seven days a week also violates the rule that workers should have one day off per week.
In this case, the workers work continuously, which can easily lead to health problems. Therefore, from the perspective of the worker, we should immediately consult with the company, otherwise, if there is a physical problem, there is no way to remedy it. I believe that a company that values its employees will definitely attach great importance to the health of its employees.
After all, health is the capital of the revolution.
2.Apply to the Labor Bureau for arbitration The enterprise establishes an employment relationship with the employee.
Labor protection and safety conditions shall be provided for employees. If the enterprise harms the health of the employee, the employee may refuse to work overtime and apply for termination of the labor relationship and compensation. If the employee and the enterprise cannot reach an agreement, they should apply to the Labor Bureau for arbitration. In fact, the Labor Contract Law.
It is to protect workers. I believe that as long as you apply for arbitration, your legitimate rights and interests can be protected.
3. The body is important, and the overtime arrangement of the enterprise can be refused For the enterprise, the worker cannot be forced to work, and the worker can refuse to do things that harm his own interests. There are many job opportunities now, and there is no need to stay in the company. If the company doesn't value its employees, leave the company and find a company that values its employees.
I believe that a company that does not pay attention to the health of its employees has no future!
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Resign. Generally speaking, other companies work for 8 hours, and 12 hours of continuous work will make me physically and mentally unbearable, so I will quit.
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If the salary is not bad, I will grit my teeth and stick to it if I work for a longer time, after all, it is difficult to make money in this society now, and having a stable income is also a guarantee for life.
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I will resign decisively. Because the body is more important than work, and when we are healthy, we will realize our dreams.
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I will quit my job because my family conditions are still relatively good, and I don't want to look for such a tiring job.
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You can go to labor arbitration.
Department complaints, complaints, because the company has clearly violated the labor law.
, it is completely possible to ask the company to correct the wrong behavior, and at the same time pay overtime for the overtime situation of the employee.
way to compensate. Even if the employee does this voluntarily, the company is illegal, it is not okay, and it must be corrected.
If the company allows employees to work 12 hours a day, 7 days a week, it is equivalent to not allowing employees to rest at all, which is a serious violation of labor law and should be punished.
Our country's labor law clearly stipulates that under normal circumstances, employees work 8 hours a day and no more than 40 hours a week.
Most of the work is like this, especially in private enterprises, small factories, are twelve hours a day, two shifts, and the salary is not high, such factories work, generally older, no education people, in order to earn money to support the family There is no way, you will lose the job if you don't do it, and there is no use in any labor law, because there is no labor contract to work here.
, arrears of wages.
No benefits are commonplace.
At the same time, each employee shall not work more than 36 hours of overtime per month, or 8 and a half hours per week. Otherwise, it is also illegal. In other words, if overtime is included, the working hours must not exceed 48 hours per week.
There are many such companies in reality, mainly concentrated in manufacturing enterprises, large, medium, small, micro, enterprises of all sizes have this situation. You can't change it by yourself, you can only keep improving yourself and saving some money to change jobs, which is the only best choice at this stage.
Evidence of overtime, such as attendance sheets, overtime notices, etc., and evidence of wages is more evidence than pay slips.
Transfer records, etc. When you leave your job, apply to an arbitration institution for an arbitration claim, and the company will compensate for the overtime pay, which will be paid by the arbitration institution or the court. and report the illegal enterprise to the administrative organ, and after verification, the defaulting enterprise will be given administrative penalties, fines, corrections and corrections. Wait.
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If you can't accept it, you can talk to the leader in the company, or you can ask for leave through an excuse, or you can choose to change jobs.
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If overtime pay is not required, report the misconduct to the local labor office. According to the labor law, work regularly and do not work overtime. Believe that maintenance is achieved in a way. Own your rights.
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If the company asks me to work overtime and does not pay me, I will report his illegal behavior to the local labor bureau, the relevant provisions of the labor law, we should work regularly and should not work overtime, I believe that through the legal means to protect their legitimate rights and interests.
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In such a situation, I think you should choose to resign, because such a company will not have too good development, and then it will also squeeze the labor force of employees, and this system does not comply with national regulations.
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You can resign or go to the labor department to file a complaint.
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If I work overtime and do not pay for it, I should report the illegal action to the local labor bureau, the relevant provisions of the labor law, and I should work on a regular basis, and I should not work overtime, and I may realize my legal right to asylum through the merit order.
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You're here to work, not to play with your life.
This kind of company, are you willing to stay forever?
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Legal Analysis: Illegal, the state implements that the daily working hours of workers do not exceed eight hours. A system of working hours in which the average working hours per week does not exceed 44 hours.
If an enterprise needs to extend its working hours due to production, it shall not exceed three hours per day and 36 hours per month, and it violates the relevant provisions of the Labor Law by working 12 hours a day.
Legal basis: Labor Law of the People's Republic of China Article 36 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.
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.
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Summary. Hello, illegal. The details are as follows: the company should check the attendance and pay wages according to the actual working hours of the workers, and the 12-hour work should be according to the 12-hour attendance, and the company's regulations are in violation of the labor law, and the complaint can be reported to the labor inspection department.
Is it illegal to work 12 hours a day and only count as 11 hours of work? The company stipulates that the extra hour will be counted as your rest time during the day's work.
Hello, illegal. The details are as follows: the company should pay the attendance and wages according to the actual working hours of the workers, and the 12-hour work should be according to the 12-hour attendance, and the company's answer to the rubber regulations is in violation of the labor law, and can be complained and reported to the labor inspection department.
Legal basis: Article 36 of the Labor Law 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 workers who work on a piece-rate basis in accordance with the working hours system set out in Article 36 of this Law.
Article 3: Article 18 An employer shall ensure that the employee has at least one day off per week.
Article 41 Due to the needs of production and operation, the 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 under the condition of ensuring the health of the laborer, but shall not exceed thirty-six hours per lunar month.
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This is illegal, according to the provisions of the labor law, the daily working hours of a worker shall not exceed eight hours of Jian Xiaobu, the weekly work shall not exceed forty-four hours, and the 14-hour working day shall obviously exceed eight hours, which violates the relevant provisions of the labor law.
[Legal basis].Article 36 of the Labour Law.
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.
Article 3 of the Decision on Amending the Provisions on the Working Hours of Employees Article 3 Employees work 8 hours a day and 40 hours a week.
Article 5 of the Decision on Amending the Provisions on the Working Hours of Employees and Employees Due to the restrictions of the nature of work or the characteristics of production, if the standard working hours system of 8 hours per day and 40 hours per week cannot be implemented, other work and rest methods may be implemented in accordance with the relevant provisions of the state.
An employer's extension of one hour of working hours is not considered an overtime violation. >>>More
It's not illegal. There is a provision in the Labor Law that the employer may arrange the working hours of the employee according to the situation. Especially in the service industry. In fact, there are a lot of 12 hours in the factory. However, overtime pay will be given accordingly.
Now you can terminate the labor contract at work, so if you don't want to do this job, you can negotiate with the factory to make a resignation report, and then leave the job normally, if you are troubled in the process of resignation, you can go to the local social security bureau to report, because according to the labor law, the daily working hours can not exceed such a long time.
Hehe, it's like going to jail! The work I do is the assembly line, you have to have someone to go to the toilet for you, no one has to hold it back, you have to sign in to the toilet, what time to go and what time to come back. Standing for twelve hours, eating for half an hour. >>>More
Unreasonable, according to the national regulations of the working day is eight hours, but this company may have something that requires you to work overtime, special circumstances, special treatment, he will not tell you to be like this every day, and the person's energy can not keep up, there will be an accident, if it is like this every day, you can make a resignation report, do not do it or to, the labor bureau sues him.