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Our working hours are regulated. The Labor Law stipulates that the working hours shall not exceed 8 hours per day, which is also a requirement for enterprises and units. The specific content is in article 36 of the Labour Code, which can also be referred to as statutory working hours.
Employees or workers have the right to refuse if the specified time is exceeded. Article 36 of the Labour Law stipulates that the State shall implement a system of working hours in which the daily working hours of workers shall not exceed 8 hours and the average working hours per week shall not exceed 44 hours. Article 41 Due to the needs of production and operation, after consultation with the labor union and the workers, the employer may extend the working hours, which generally do 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 that the health of the worker is guaranteed.
When a company hires an employee, it often sets the minimum wage for the employee. In this case, workers can only earn higher wages by working overtime. As a result, there are also some workers who subtly believe that they can only strive for higher wages by working longer hours.
In fact, this is completely wrong. If workers do not report, complain, or defend their rights, they acquiesce in the illegal behavior of the enterprise, and the enterprise will only intensify. In the beginning, we might only have people work two hours a day, and then extend it to three or four hours for 12 hours.
In fact, the working hours set by the state are to take care of the health and living standards of employees.
When businesses are faced with competition to sell goods, margins thin and revenues decrease. To change this dilemma, companies should not work overtime to produce more products, but should improve production efficiency or product quality, thereby increasing the profitability of the business. Otherwise, they have to move to areas with lower labor costs or close.
It is also a reality that many labor-intensive industries in China have moved to Vietnam, India and other regions.
So to be honest, even if a private enterprise asks employees to work 12 hours a day, as long as the employees do not get feedback from the labor department, it is difficult to effectively solve the problem. I think that the management of working hours by the labor department needs to be strengthened, and enterprises, especially private enterprises with non-standard management, should be more considerate of the difficulties of employees, have more humanistic concepts, give employees more rest time, and work less overtime.
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The Labor Law stipulates that the working hours of the company cannot exceed 8 hours per day, and if the employee is forced to work overtime, he or she needs to be legally liable, and the working hours per week are 40 hours, and overtime pay is required for extension.
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The Labor Law has specific labor regulations on working hours, which stipulate that workers may not work more than 8 hours per day and 44 hours in a week.
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The working hours may not exceed 8 hours per day, 44 hours per week, and 36 hours per month for extended working hours.
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The labor law actually stipulates that this is the case for work, generally working less than 8 hours is normal, if it exceeds 8 hours, it is a violation of the law.
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The working hours are 8 hours a day, and if you work overtime, you can't work more than an hour, and you need to pay overtime.
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<> high-pressure and fast-paced is a true portrayal of modern workplace life, and for most professionals, overtime has become a norm. Whether it is a worker or a business operator, it is still necessary to understand a little labor law. The Labor Law of the People's Republic of China came into force on January 1, 1995 and was amended in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Certain Laws adopted by the Standing Committee of the Eleventh National People's Congress at the 10th Session of the Standing Committee of the Eleventh National People's Congress on August 27, 2009.
The original text of the law reads: "Article 36 The State shall implement a system of working hours in which the daily working hours of workers shall not exceed eight mid-eight hours and the average weekly working hours shall not exceed forty-four hours. Article 38 The employer shall ensure that the worker has at least one day off per week", and for part-time employment, the average daily working hours of the worker shall not exceed 4 hours and the cumulative working hours per week shall not exceed 24 hours in the same employer.
The employer shall ensure that the employee has one day off per week. Workers shall be arranged to take leave on statutory holidays. 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.
Combined with the actual needs of work, people who really need to work overtime should know more about overtime working hours and overtime pay system. Generally speaking, if we work more than the standard working hours stipulated in the labor law, then we are considered overtime working hours. Among them, overtime working hours can be divided into three categories: extended working hours on weekdays, overtime on statutory holidays, and overtime on rest days.
150% of the overtime wages shall be paid for the extended working hours on the working day, and no time off shall be compensated; 300% of the overtime wages shall be paid for overtime work on statutory holidays; Overtime on rest days should first consider whether to compensate for leave, if the compensatory leave can not be paid overtime pay, if not, 200% of the overtime pay should be paid. All in all, work is for a better life, a healthy body is the premise of a better job, and people in the workplace must dare to work hard, but also be physically and mentally healthy.
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The regulations in it are that when the worker is working, the working hours per day cannot exceed 8 hours, and the time of each repentance cannot exceed 44 hours, and if they need to work overtime, they need to pay overtime pay.
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The Labor Law stipulates that the working hours of a worker cannot exceed 8 hours a day. Therefore, many units have formulated an 8-hour work week. However, there are also many units that require overtime to be compulsory.
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The daily working hours should not exceed 8 hours, the weekly working hours should not exceed 44 hours, and at least one day off per week should be guaranteed, and the extended working hours should not exceed 36 hours per month.
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Supporting national policies is the hard way! People are not greater than national policies, and only national policies are the standard line.
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There are no regulations, but how to implement them is the key. This thing is just a rule, nothing good.
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Our working hours are regulated. The Labor Law stipulates that the daily working hours should not exceed 8 hours, which is also a regulation for enterprises and units. The specific content is in article 36 of the Labour Code, which can also be referred to as statutory working hours.
If the specified time is exceeded, the employee or worker has the right to refuse. So what are the specific regulations?
Article 36 of the Labour Law stipulates that workers work no more than 8 hours per day and an average of 44 hours per week. Article 41 Due to the needs of production and operation, after consultation with the labor union and the workers, the employer may 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 extension of working hours shall not exceed 3 hours per day, but shall not exceed 36 hours per month under the condition that the health of the worker is guaranteed.
Extended working hours: natural disasters, accidents or other reasons threaten the life, health and property safety of workers and require emergency treatment; If production equipment, transportation lines, and public facilities fail, affecting production and public interests, they must be repaired in a timely manner; Other circumstances provided for by laws and administrative regulations.
Calculation of years of service in the Labor Law:
1. Continuous calculation method, also known as continuous calculation of length of service. For example, if an employee is transferred from unit A to unit B, his working time in unit A and unit B shall be counted as continuous length of service;
2.The combined calculation method, also known as the combined calculation of continuous length of service, refers to the combined calculation of the two working hours before and after the interruption due to non-subjective reasons during the employee's work experience, deducting the interruption time;
3.Years of service conversion method. Workers engaged in special types of work and special working environments can be converted into continuous service years.
For example, one year and three months can be counted for each year of work in underground miners or employees working in low-temperature workplaces below 32 degrees Fahrenheit or in high-temperature workplaces around 38 degrees Celsius. In industries where lead, mercury, arsenic, phosphorus and acids are refined or manufactured, as well as in chemical, ordnance and other industries, employees who are directly engaged in work that is harmful to their health shall be counted as one year and six months for the purpose of calculating their continuous service.
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It is based on the working hours to which the person is most suitable, i.e. the working hours do not exceed 8 hours per day and the average working hours do not exceed 44 hours per week.
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That is, the general stipulated time is 8 hours, if it exceeds 8 hours, this is counted as overtime, and then pay an additional fee.
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Legal Analysis: The labor law stipulates a maximum of 208 hours of work in a month, which is calculated according to the national implementation of a worker's daily working hours of no more than eight hours and at least one day of rest per week. It is calculated by multiplying the working hours by the number of working days.
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 38 The employer shall ensure that the worker has at least one day off per week.
Article 41 Due to the needs of production and operation, the working hours may be extended after consultation with the labor union and the laborers, 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, under the condition of ensuring the health of the worker.
Article 42: In any of the following circumstances, the extension of working hours is not subject to the restrictions provided for in Article 41 of this Law:
1) Natural disasters, accidents, or other reasons that threaten the life, health, or property safety of workers, and need to be dealt with urgently;
2) Production equipment, transportation lines, and public facilities fail, affecting production and public interests, and must be repaired in a timely manner;
3) Other circumstances provided for by laws and administrative regulations.
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