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Illegal. The employment contract stipulates that the employee will work 12 hours a day, which seriously damages the rights and interests of the employeeLaws and Regulations
It stipulates that the State shall implement 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. If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day and 36 hours per month under the condition of ensuring the health of the workers.
Legal analysis
The contract stipulates that the employee will work 12 hours a day, which seriously damages the rights and interests of the employeeLaws and Regulations
It stipulates that the working hours of workers shall not exceed eight hours per day and forty-four hours per week on average. For the extra hours worked, the employee has the right to claim overtime wages. If an employer arranges an employee to work outside the statutory standard working hours according to actual needs after the worker has completed the work quota or the prescribed work tasks, and the employer arranges the worker to work longer hours beyond the statutory standard working hours in accordance with the law, the employer shall pay the employee wages at a rate not lower than 15% of the employee's hourly wage as stipulated in the labor contract, and the employer arranges the worker to work on rest days in accordance with the law, but cannot arrange compensatory leave. The employer shall pay the employee wages at a rate not lower than 200% of the employee's daily or hourly wage as stipulated in the labor contract, and if the employer arranges the employee to work on statutory holidays and holidays in accordance with the law, the employee's salary shall be paid at a rate not lower than 300% of the employee's daily or hourly wage as stipulated in the labor contract.
If an employer needs to extend working hours, the extended working hours shall not exceed three hours per day and 36 hours per month under the condition of ensuring the health of the employee.
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 37 The employer shall reasonably determine the labor quota and piece-rate remuneration standards for laborers who work on a piece-rate basis in accordance with the working hours system provided for in Article 36 of this Law.
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.
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This kind of labor contract violates the provisions of the labor law and is absolutely illegal.
The Contract Law stipulates that even if the nature of the work is special, it can be extended by up to three hours per day, plus eight hours is eleven hours, so such a contract is not legal.
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It is definitely not legal, and you will not find such serious violations of the clause in the labor contract, and now the enterprise has a legal department, which specializes in drafting legal documents and reviewing the contract, and the clauses that violate laws and regulations, and the clauses that are not conducive to the interests of the company will not appear in the contract.
It is definitely not legal, and you will not find such serious violations of the clause in the labor contract, and now the enterprise has a legal department, which specializes in drafting legal documents and reviewing the contract, and the clauses that violate laws and regulations, and the clauses that are not conducive to the interests of the company will not appear in the contract. It is definitely not legal, and you will not find such serious violations of the clause in the labor contract, and now the enterprise has a legal department, which specializes in drafting legal documents and reviewing the contract, and the clauses that violate laws and regulations, and the clauses that are not conducive to the interests of the company will not appear in the contract. It is definitely not legal, and you will not find such serious violations of the clause in the labor contract, and now the enterprise has a legal department, which specializes in drafting legal documents and reviewing the contract, and the clauses that violate laws and regulations, and the clauses that are not conducive to the interests of the company will not appear in the contract.
It is definitely not legal, and you will not find such serious violations of the clause in the labor contract, and now the enterprise has a legal department, which specializes in drafting legal documents and reviewing the contract, and the clauses that violate laws and regulations, and the clauses that are not conducive to the interests of the company will not appear in the contract. It is definitely not legal, and you will not find such serious violations of the clause in the labor contract, and now the enterprise has a legal department, which specializes in drafting legal documents and reviewing the contract, and the clauses that violate laws and regulations, and the clauses that are not conducive to the interests of the company will not appear in the contract.
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Probably legal and reasonable. Whether working 12 hours a day violates labor laws is determined according to the specific work situation. For special industries, such as railways, aviation, post and telecommunications, exploration, etc., eligible units may implement different work and rest periods with the approval of the labor administrative department.
Therefore, for special positions, it is possible to adjust the working hours to 12 hours.
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The contract is signed for 12 hours to work on shifts, and the single sentence is not legal. But in fact, there is another condition, which is called five shifts and two runs or six shifts and two operations, and the rest time has not been reduced, which is legal.
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The contracted working hours are 12 hours, and it is not legal to work on shifts. Because the labor contract requires that it cannot exceed 8 hours, if it exceeds 8 hours, additional labor remuneration needs to be paid, otherwise it is illegal.
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I think the working hours are 12 hours when I sign a contract with the company, this is because the company's working system belongs to the 12-hour system, that is, we often say two shifts, a total of 12 hours from work to work, and the middle also includes meal time and rest time, so such a contract must be legal!
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Whether it is considered overtime or violating the law depends on what kind of work and what kind of position, and the working hours stipulated by different types of work and different positions vary greatly, and cannot be generalized, but analyzed on a case-by-case basis. Statutory working hours include: standard working hours, combined working hours and irregular working hours.
Work no more than 8 hours a day, no more than 40 hours a week, at least one day off a week, no more than 1 hour of overtime per day, no more than 3 hours of overtime for special reasons, and no more than 36 hours of overtime per month. For special industries such as railways, posts and telecommunications, aviation, and exploration, the law stipulates that units that meet certain conditions may, upon approval, take monthly, quarterly, and annual working hours as the calculation cycle, and implement the comprehensive calculation of working hours system, regardless of the number of ordinary working hours of the workers, as long as the total number of working hours in a comprehensive working hours calculation period does not exceed the total number of hours that should be worked under the standard working hours system, it is not regarded as overtime. If exceeded, the excess shall be regarded as extended working hours and remuneration shall be paid in accordance with the provisions of the Labor Law, and the number of hours of extended hours shall not exceed 36 hours per month on average.
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I don't know what you mean by that, that is, whether you signed a contract with you in 12-hour clock or 8-hour clock. If it is a weekend or holiday, it will be calculated according to double the salary on the weekend, and the holiday will be calculated according to three times the basic salary, depending on how the thing you signed up tells you. Now no company will openly deal with the labor law, because the labor law stipulates that 8 hours, and the working system is 8 hours, and you have to pay additional salary, but the specific length of time your company needs to let you work depends on how you sign the contract with the company.
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According to the provisions of China's labor law, workers work no more than 8 hours a day, so it is illegal to work 12 hours a day, but it is legal to work 12 hours a day through labor negotiation, and with the approval of the labor department, or in the event of a natural disaster.
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The Labor Law does not stipulate the time that should be worked every day, but it stipulates the upper limit of the working hours in months, as long as the upper limit is not exceeded, it is legal.
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At present, China implements a standard working hour system of 8 hours a day and 40 hours a week. At the same time, it stipulates that the employer shall extend the working hours, which shall generally not exceed 1 hour per day; If it is necessary to extend the working hours due to special reasons, it shall not exceed 3 hours per day and 36 hours per month under the condition of ensuring the health of the migrant workers. If it exceeds this limit, it is an illegal act and the corresponding legal responsibility shall be borne.
However, in the event of an emergency that may endanger the safety of the state, the collective, or people's lives and property, the employer may directly decide to extend the working hours, and the length of the extended working hours is not limited according to the needs of the employer, and there is no need to negotiate with the labor union and the workers. These situations are: (1) The occurrence of natural disasters, accidents or other causes requires urgent treatment.
For example, floods, rescues, traffic accidents, etc. (2) Production equipment, transportation lines, and public facilities fail and must be repaired in time. For example, water pipes, sewer pipes, and gas pipes are leaking or blocked.
3) Other circumstances stipulated by laws and administrative regulations. If the work cannot be interrupted during statutory holidays and public holidays, and continuous production, transportation or business must be carried out. (4) It is necessary to use the shutdown period of statutory holidays or public holidays for equipment warranty and maintenance.
5) In order to complete the task of emergency production for national defense. (6) In order to complete other emergency production tasks issued by the state.
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It is definitely illegal to sign a contract with 12 hours of working hours, because it is stipulated that the working hours cannot exceed eight hours per day, and more than eight hours should be counted as overtime, and if it is signed in the contract, it is a school contract.
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In any sense, this is contrary to the behavior of China's labor law. Because our country has an eight-hour workday. But in real life, if you sign a contract with the other party.
If you already know your working hours and you can accept it, you can't help it. That's what it's legal.
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The Labor Law stipulates that if the working hours are not more than 8 hours per day, 40 hours per week, and the working hours in special industries are more than the specified time, corresponding compensatory rest shall be arranged. You can request the employer to terminate the employment contract on this basis, and if the employer does not agree, you can report to the labor bureau, or you can file an arbitration request for termination of the contract with the labor bureau.
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It is legal for contract workers to contract 12-hour shifts. In general, companies work 12 hours and take 48 hours off. This leaves employees with plenty of time to rest.
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According to the provisions of China's labor law, the working hours of a worker do not exceed 8 hours a day, so it is absolutely illegal to work 12 hours a day by signing a contract, but it is legal to work 12 hours after negotiation between labor and management, and with the approval of the labor department, or if there is a natural disaster or other circumstances.
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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. If these provisions are not met, the contract is not legal.
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According to the provisions of China's labor law, workers work no more than 8 hours a day, so it is illegal to work 12 hours a day, but it is legal to work 12 hours after labor and management negotiation, and with the approval of the labor department, or in the event of natural disasters.
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The contract is signed, and the working hours are 12 hours, and I think it is legal. Because there's also time to rest. It's not about a 12-hour workday.
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If it is not lawful, the contract is null and void. Generally speaking, if the employer and the employee agree on a monthly salary in the contract, the number of working days should be 22 days per month, 8 hours a day, and if it exceeds 8 hours, it should be counted as overtime. Article 36 of the Labor 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 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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It is actually legal to sign a 12-hour working day, because there is no rule that the working time must be eight hours. All are based on each enterprise and unit. situation to be formulated. As long as she pays. The same salary is legal.
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Legal analysis: It is possible to report to the labor bureau or file a lawsuit against the labor bureau, and you can complain to the labor administrative department if you work more than 8 hours a day.
Article 36 of the Labor Law stipulates that the State shall implement 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 stipulates that 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 stipulated in Article 36 of this Law.
Article 38 stipulates that the employer shall ensure that the employee has at least one day off per week.
Article 90 stipulates that if an employer extends the working hours of an employee in violation of the provisions of this Law, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine.
Legal basis: Article 36 of the Labor Law 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 44 hours.
Article 37 stipulates that 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 stipulated in Article 36 of this Law.
Article 38 stipulates that an employer shall ensure that an employee has at least one day off per week.
Article 90 stipulates that if an employer extends the working hours of an employee in violation of the provisions of this Law, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine.
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If it is a physical work that requires 16 hours of working time, it does hurt the body, the company in order to work overtime to complete the task in advance, working 16 hours and resting the next day can not be illegal, in addition to physical work, other work does not matter, for the development of the company and the completion of the task, it does not matter if you work a few more hours, I can also increase the rest time, so the company requires 16 hours of working time as an overtime is not illegal.