Rights Protection: Does The Unit Enforce Overtime?

If employers constantly ask them to work overtime, what should they do? Is compulsory overtime legal?

The thirty-first article of the labor contract law of China stipulates that the employers should strictly enforce the standard of labor quota, and must not force or change the workers to work overtime.

If an employer arranges overtime work, he shall pay overtime wages to laborers in accordance with relevant state regulations.

Article forty-first of the labor law stipulates that employers can extend their working hours after consultation with trade unions and laborers because of the need for production and operation, and generally do not exceed 1 hours per day.

If the working hours need to be extended, the working hours should not exceed 3 hours per day, but not more than 36 hours per month.

In addition, the forty-third provision of the labor law stipulates that employers shall not extend the working hours of workers in violation of the provisions of this law.

In order to protect the legitimate interests of employees, although there are provisions in the law for overtime hours of employees, exceptions to some special situations are required.

"

"Article forty-second provides for extension of one of the following situations:

It is not subject to the provisions of the forty-first provision of this Law: (1) there is an urgent need to deal with natural disasters, accidents or threats to workers' lives and health and property safety for other reasons; (two) failure of production equipment, pportation lines and public facilities, which affect production and public interests, must be promptly repaired; and (three) other circumstances stipulated by laws and administrative regulations.

The ninety-sixth provision of China's labor law stipulates that the employing units shall force labor by violent means, and the public security organs shall be liable to detention, fines or warnings for less than 15 days.

The 244th provision of the criminal law stipulates that if the employing unit violates labor management laws and regulations and restricts the method of personal freedom to force employees to work, if the circumstances are serious, the person directly responsible shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention and shall also be fined or fined alone.

Related links:

A salesperson from a trading company in Guangzhou also told reporters that "the annual leave of the company will be deducted from the company's total attendance award of 200 yuan per month, and the company stipulates that the annual leave can not rest for more than three days. It is necessary to take 5 days of annual leave, at least two months to complete the rest, and complete the attendance award of more than two times."

Wang Shengli, a lawyer and research center of the legal aid and research center of Zhicheng migrant workers in Beijing, told reporters that the second regulations on annual paid leave for workers issued in 2008 stipulate: "employees of organs, groups, enterprises, institutions, private non enterprise units, employees of individual businesses and other units continue to work for more than 1 years and enjoy paid annual leave.

The unit shall ensure that employees enjoy annual leave.

Employees enjoy the same wage income during the annual leave period.

In addition, according to the fifty-third provision on the implementation of the "labor contract law", wages refer to the remuneration paid by the employer directly to the workers in the form of money in accordance with the relevant stipulations of the state or the labor contract, which generally includes time wages, piecework wages, bonuses, allowances and allowances, wages extended for working hours and wages paid in special circumstances.

Accordingly, Wang believes that the whole attendance award belongs to the wage category, and the employer's behavior of reducing employee's wages and salaries is not lawful because employees take paid annual leave in accordance with the law. Employees can complain to the local labor and social security supervision team.

"Although some enterprises allow employees to take paid leave, they think that the workers will be delayed in their vacation, so they have a negative attitude towards paid vacation, and even set up obstacles, including the deduction of full attendance award and year-end bonus. This makes some workers want to rest, and this is also the main reason why paid vacation is hard to achieve."

Lawyer Wang said.

Wang believes that paid vacation should be arranged under the supervision of the relevant departments and arranged by the units according to their own circumstances.

However, the implementation of paid vacation system means that the cost of labor increases, and employers, especially private enterprises, lack motivation. The rise in human costs over the past years has aggravated the above situation, coupled with the lack of supervision, and paid vacation is easy to change in reality.