Is it legal not to work overtime if you don t perform well at work?

Legally, overtime is inherently discouraged, so it's legal not to allow it. Legally speaking, this matter has nothing to do with whether the performance is good or not, and can only be implemented in accordance with the internal management regulations of the enterprise.

The company has the right to make the company's arrangements according to your work performance, which must be legal, so what we have to do is to improve our ability and try to do a good job, so that the company can arrange more important work for us to do, right? Come on.

If you work overtime and the employer does not pay overtime, then you are justified and should fight for it.

Of course, it is not legal, the employer can deduct your performance bonus for poor performance, but it cannot not be paid overtime. Under the communication with the personnel of the unit, if the other party has a very bad attitude, go to labor arbitration or call 12333 to report, and the overtime pay arrears can be doubled. According to Article 31 of the Labor Contract Law, employers 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. Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay the employee 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 employee's labor remuneration 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 lower than the local minimum wage standard; (3) Arrange 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.

The following 10 situations are not considered overtime:1) on duty; 2) Non-mandatory early arrival;

3) The time to commute to and from work;

4) Rest and meal time;

5) Extended working hours due to their own failure to complete work tasks.

6) Safety training meetings organized and arranged by the company in accordance with the law;

7) Non-mandatory training;

8) Standby or preparation period for special work positions;

9) Daily after-hours meeting;

10) Leaving the post due to the postponement of normal finishing work.

Legal analysis: It is illegal for the employer to arrange overtime for employees, which is not in line with the statutory circumstances and is not fully reasonable, and the working hours can only be extended after consultation with the employee, and overtime treatment can be provided in accordance with the law. If an employee refuses to work overtime for a legitimate reason, it cannot be treated as a disciplinary violation.

Legal basis: Article 31 of the Labor Contract Law of the People's Republic of China Zhaoqi Employers shall strictly implement the labor quota standards and shall not force or covertly force workers to work overtime. If the employer arranges overtime, he shall pay overtime pay to the worker in accordance with the relevant provisions of the state.

Not illegal. The company's refusal to allow overtime work does not constitute a violation of the law, and employees who make mistakes should be held accountable for their actions. However, if Rolling Mountain Company does not pay overtime pay for overtime, it is illegal and violates the relevant provisions of the labor law, and the employee can complain to the labor department.

In any of the following circumstances, the employer shall pay wages and remuneration higher than the wages of the workers for normal working hours in accordance with the following standards: (1) If the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150% of the wages; (2) If the worker is unable to arrange compensatory rest for his work on the rest day, he shall be paid a wage remuneration of not less than 200% of the wage.

It depends:

1. Due to the needs of production and operation, the unit may extend the working hours after consultation with the trade union and the workers, generally not more than one hour per day, which is not considered illegal;

2. If it is necessary to extend the working hours due to special reasons, the extension of working hours shall not exceed three hours per day under the condition of ensuring the health of the worker, which is not illegal;

3. If there is an agreement in the contract, it is legal;

4. If it is forced overtime, you can file a complaint with the local labor inspection brigade, or apply to the local labor arbitration commission for arbitration, and ask the company to stop the infringement and pay overtime pay or damages. There are relevant regulations on the slag, and the working hours system of workers working no more than eight hours per day and no more than four hours per week on average per week shall not exceed 40 molds, and the employer shall ensure that the workers have at least one day off per week.

Employees can choose whether to work overtime, and the company should pay the corresponding overtime pay after the employee works overtime.

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 44 hours.

Article 41.

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 three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

Legal analysis: China's Labor Law stipulates that on statutory holidays, employers shall arrange leave for employees in accordance with the law.

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

Article 3 The principles of legality, fairness, equality, voluntariness, consensus, and good faith shall be followed in the conclusion of a labor contract. 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.