Foreigners looking at China: How can the boss just tell employees to work overtime?

Foreigners looking at China: How can the boss just ask employees to work overtime

When I first came to China to teach English in 1987, I could neither speak nor understand Chinese. I can't recognize a few Chinese characters. As an illiterate person, going to a restaurant to eat is a severe test. The easiest way for me is to recite the names of several dishes I have hidden in my stomach to the waiter. If someone doesn't have these recipes, then I will take the second trick and stare blankly. Recipe guessing anagrams. For example, if I recognize the word "ox", I will quickly order the dish with the word "ox". As for whether it is beef with tangerine peel or braised beef, I have no idea. I also know the words chicken, duck, tofu and vegetables. I eat whatever is brought to me and I am not qualified to choose. When I travel with my American friends, we often have a lot of fun. More than once, I have heard Chinese friends lament: "Oh, it's so strange. I can understand the foreign languages ??you speak, but I can't understand the foreign languages ??spoken by those foreigners. The foreign languages ??you speak are really different." I thought, this Maybe it's psychological. As a Chinese-American, whenever I introduce myself as an American, the Chinese people’s reaction is always the same: “Why are you an American? You are obviously Chinese.” I have to tell them: In fact, there is no standard American. The concept is that since the United States is a country of immigrants, people come from all over the world and collectively form the American nation. They have a sense of belonging to the land at their feet. They are no longer just immigrants, but have become the masters of this new continent. Of course, in this melting pot of races, each ethnic group still clings to its own cultural and religious traditions. The population distribution in the United States is very uneven. Some states are 98% white. California, which is close to Mexico, has a large proportion of South Americans. Some areas in Mississippi and Georgia have a large number of black residents. New York is even more famous around the world. kind of museum metropolis. However, I found that the so-called Americans in the Chinese concept only refer to Americans with white panels. There are striking similarities among some developing countries in their disapproval of non-white Americans. Once, Princeton University’s international relations major held a conference for non-white students. At the meeting, some American diplomats who had served in the diplomatic community for a long time told us: “If you are not white, your future in the diplomatic community will be very bleak and difficult. If American diplomats sent to Asian and African countries are not white, they will be boycotted by the other side. "The reality is so cruel. I have also experienced similar embarrassment. When I was an interpreter, the Chinese seemed to be worried about whether my American English was pure and whether I could really translate their words into standard English. At the post office near the school, I had a lot of trouble every time I picked up a package, but my white colleagues were never asked to issue any invoices. As soon as the clerk saw the white people, she immediately greeted them with a smile and quickly completed the process for the foreign guests. everything. In public places such as hotels and shops, Chinese Americans can easily notice that waiters are not as attentive and courteous to Chinese Americans as they are to white "foreign guests". Because they often encounter this kind of treatment that is inferior to white people, most Chinese Americans feel that there is a certain level of psychological harm. Let’s talk about the Chinese concept of human relations that makes me at a loss. After coming to China, I realized more clearly that I am an American, because my thinking and behavior are completely American. In my opinion, I cannot do anything inappropriate for any of my relatives or friends. One day a woman came to visit and asked me an incredible thing. She said: "You are from Princeton, can you help my child to smoothen the relationship when he goes to Princeton?" I explained to her that the United States does not talk about relationship studies, and it is not easy to find connections. Your child only needs to apply according to the usual procedures. . Afterward, she complained that she was usually so nice to me and often gave me gifts, but when she needed me at a critical moment, I stood by and watched. It was a big loss for me as a friend. The debt of gratitude I encountered in China often tortured my soul. The computer company I currently work for has an office in Beijing. I have always wondered why there is such a big gap in the working and thinking styles between Chinese and Westerners, and why it is so difficult for the two offices to communicate with each other. For a small company with only a dozen people, office politics are surprisingly complicated, and everything is roundabout, which is a headache.

The working atmosphere in the Beijing office is full of paternalism. The hierarchy between employees and their bosses is very clear. Employees must obey their immediate bosses and implement them even if their bosses’ opinions are wrong. This makes me feel uncomfortable. This reflects a very big difference in culture and work styles. American employees are generally not shy about making suggestions to their bosses. The Chinese also misunderstood that Americans are lazy. An employee asked me: "Are Americans not as desperate as us?" At first I didn't understand what he meant, but later I found out that one of his so-called desperate measures was to finish work at night. Afterwards, everyone will go out drinking together. The general concept of Americans is: getting off work means getting off work, and working overtime is another matter. There are relatively few things like drinking and socializing. There are also differences in the concept of overtime between China and the United States: Americans believe that the boss cannot ask employees to work overtime casually, so the boss is required to make a careful work plan in advance to avoid temporary surprises; employees have the right to refuse to work overtime, if If the boss's plan fails and employees work overtime, the boss cannot escape the blame. However, due to poor planning in the Beijing company, the boss will often give a password asking everyone not to leave tonight, or suddenly call you on the phone to ask you to come back to work on Sunday, which is very disrespectful of employees' spare time. Another characteristic of Beijing companies is that their work lacks planning. Several leaders sometimes get together for lunch, and everyone comes up with an idea. They discuss it verbally for dozens of minutes without drafting a feasible plan. They just work on it in a hurry and without any structure. Colleagues across the table are in a fuss. It's not clear what the other party is doing. How much of the leader's will each employee understands depends entirely on their feelings. It has been delayed for two years now, and there is still no progress in the software design that was originally planned. Excerpted from "Foreigners Talking about China", written by Guo Ying, Writers Publishing House, 2003 edition. If the boss asks employees to work overtime, the employees have to work overtime?

Overtime negotiation system Article 41 of the "Labor Law" stipulates: The employer has to work overtime due to If necessary for production and operation, working hours may be extended after consultation with the trade union and workers, generally not exceeding one hour per day; if working hours need to be extended due to special reasons, working hours shall not be extended for more than one hour per day while ensuring the health of workers. Three hours, but no more than thirty-six hours per month. What crime can a boss sue if he deceives his employees into working overtime without paying overtime pay?

Article 44 of the "Labor Law" stipulates: Under any of the following circumstances, the employer shall pay the employee higher than the normal payment according to the following standards: Wage remuneration for working time wages:

(1) If workers are arranged to extend their working hours, a wage remuneration of no less than 150% of the salary shall be paid;

( 2) If workers are arranged to work on rest days and no compensatory time off can be arranged, a salary of no less than 200% of the salary shall be paid;

(3) If workers are arranged to work on statutory holidays, wages shall be paid Salary remuneration not less than 300% of salary.

To complain about wage arrears, non-payment of wages, or wage theft, you can call 12333, which is the phone number of the Human Resources and Social Security Bureau. You can also make a complaint to the Labor Bureau Supervision Team.

Because the company fails to pay labor remuneration on time, the party concerned may apply to terminate the labor contract and labor relationship and request financial compensation. The parties concerned can report to the local labor inspection administrative department, and the labor inspection brigade will order the employer to pay wages. If the labor inspection brigade fails to coordinate, the worker can apply for labor arbitration. If you refuse to implement the labor arbitration conclusion, you may apply to the court for compulsory enforcement.

Article 85 of the "Labor Contract Law": If the employer has any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; the labor remuneration is lower than the local minimum wage If the amount exceeds the standard, the balance shall be paid; if payment is not made within the time limit, the employer shall be ordered to pay additional compensation to the employee at a standard of not less than 50% but not more than 100% of the amount payable:

( 1) Failure to pay labor remuneration in full and on time as stipulated in the labor contract or national regulations;

(2) Paying wages to workers below the local minimum wage standard;

(3) Arranging overtime work without paying overtime pay;

(4) Removing or terminating the labor contract and failing to pay economic compensation to workers in accordance with this law. The boss asked me to work overtime on New Year's Day, saying that if I didn't work overtime, I would be considered absent from work.

No, it's simply lawless! Employees often work overtime, but their supervisor says there is no overtime pay. Let’s see what the boss says

Overtime pay must be paid for overtime work. The national overtime pay standards are as follows:

During statutory holidays, the employer must pay overtime pay. When arranging workers to work, they shall be paid a salary of no less than RMB 300 of the worker's salary, and shall not substitute it with paid leave or compensatory leave.

During the rest day, if the employee is arranged to work but cannot be scheduled to take off or make up for the rest, a wage remuneration of no less than 200 yuan of the employee's salary shall be paid. If the unit does not clearly provide employees with time off or compensatory time off, employees have the right to demand twice the salary.

If the working hours are extended while working, a wage remuneration of no less than 150% of the worker's salary shall be paid.

It is illegal for an employer to require employees to work overtime without paying overtime pay.

According to the "Notice on the Conversion Issues of Employees' Average Monthly Working Hours and Wages for the Whole Year" issued by the Ministry of Labor and Social Security on March 17, 2000: "The average monthly working days and working hours of employees throughout the year Adjusted to 20.92 days and 167.4 hours respectively. "Therefore, when the comprehensive calculation of working hours is implemented, if the average monthly working days exceeds 20.92 days, or the average monthly working hours exceeds 167.4 hours, it should be regarded as an additional point, and according to the fourth chapter of the Labor Law, Paragraph 1 of Article 14 pays overtime pay, that is, the overtime pay is not less than 150 wages.

The boss asks employees to work overtime and on duty regularly. How can I complain if there is no overtime pay?

Tell the boss’s wife that the boss is a mistress. Then go to the labor inspection brigade or labor arbitration committee where the company is located. If an employee wants to work overtime, can the boss stop him?

Normally, the boss will not stop the employee from working overtime.

However, if overtime is paid, If so, then you have to apply

Doesn’t it mean that employees who want to work overtime can directly go to work overtime and have the right to refuse overtime? Why does the boss still say that if you don’t work overtime, get out

According to the current labor law , employees have the right not to work overtime. If they have to work overtime, the company should compensate them with overtime pay. If they have signed a labor contract, they cannot fire the employee casually before it expires. These bosses are clearly barbaric, domineering and hooligans. They bully you for being ignorant, and bully you for being weak and unable to litigate with them. What should I do if my boss keeps asking me to work overtime?

According to Article 41 of the Labor Law, if the employer requires the employee to work overtime, it must obtain the employee's consent. You can refuse.

Attachment: Legal Basis

Labor Law

Article 41 Due to production and operation needs, the employer may extend the work period after consultation with the trade union and workers. The working time shall generally not exceed one hour per day; if working hours need to be extended due to special reasons, the extended working hours shall not exceed three hours per day under the conditions of protecting the health of the workers, but shall not exceed thirty-six hours per month. If overtime pay is provided, can employees be allowed to work overtime at will?

A company that can provide overtime pay is considered a good company. Many companies do not even provide overtime pay.