Fortune Telling Collection - Comprehensive fortune-telling - What are the overtime cases in the workplace?
What are the overtime cases in the workplace?
1. The standard working hours of employees are 8 hours a day or 40 hours a week; The irregular working hours are 8 hours a day or 40 hours a week, with at least one day off every week; Calculated by week, month, quarter and year, but the average working hours are the same as the standard working hours. Employers, trade unions and laborers may extend working hours through consultation, and generally, overtime work per day shall not exceed 1 hour. Special work and circumstances, no more than 3 hours a day, no more than 36 sales overtime hours a month. But in practice, many enterprises do not work 8 hours a day, and some work more than 10 hours without paying overtime. In addition to the standard daily working hours, those who extend the working hours, such as overtime at night, cannot make up for the rest, and have to pay overtime pay 1.5 times. On the other hand, if you work on a rest day, that is, work overtime on weekends, you can make up for it. If you don't arrange compensatory time off, you have to pay 2.5 times your salary. Those who work overtime on national day, Mid-Autumn Festival and other legal holidays can't take compensatory time off, and need to pay no less than three times the overtime pay. If the company arranges overtime, but fails to pay overtime wages, the labor department shall order it to pay within a time limit; In case of overdue payment, the employee shall be paid 0.5- 1 times compensation.
2 in order to complete the national defense emergency production tasks or other emergency production tasks outside the national plan, such as the purchase, transportation and processing of agricultural products and side chain products by supply and marketing enterprises. Other circumstances stipulated by laws and administrative regulations. According to the labor law, the employer will extend the working hours (that is, overtime) and negotiate with the workers. Because it is a negotiation, overtime hours and overtime pay must be consistent, otherwise it is forced labor.
There are only four situations that can't be refused: natural disasters, accidents or other reasons seriously threaten people's safety and health and national assets and need urgent treatment; Production equipment failure: traffic lines and public facilities; Affect production and public interests; Must be repaired in time. During the termination of legal holidays or public holidays, the equipment shall be maintained and maintained.
3. In order to complete the national defense emergency task, commercial and supply and marketing enterprises that are not planned by the state completed the emergency procurement, transportation and processing tasks of agricultural products and side chain products in the summit competition. In addition to this situation, the unit also requires employees to work overtime and must negotiate with employees. If the unit takes improper measures to ask employees to work overtime, the employees can refuse. Although employees may not refuse to work overtime under the above four circumstances, the unit shall pay overtime wages, which must be paid in accordance with the standards stipulated in the Labor Law. If the owner's labor remuneration or overtime pay can be solved in the form of economic compensation or violation and relief of the labor contract law. The difference is that the former can claim directly, and the latter has not paid after being ordered by the labor department.
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