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Did the last break violate the labor law?
According to the provisions of the Labor Law, it is legal for the employer to change the working hours stipulated in the Labor Law due to production needs, and it is approved by the labor department, and it is the approved working hours. As long as the employer pays the laborer's labor remuneration and overtime pay in full in accordance with the provisions of the labor law. The implementation of such working hours does not require approval unless the company implements a comprehensive working hour system or an irregular working hour system. Only these two working hours need to be approved by the local labor department, and the company can implement such a working hour system after approval.
If the company violates the labor law, the channels for workers to complain are:
1. Workers can directly complain to the local labor department, and the relevant labor administrative department will promptly investigate, verify and urge the enterprise to make corrections.
2. You can seek help from local or relevant trade unions. Trade unions shall safeguard the legitimate rights and interests of workers according to law, supervise employers and enterprises, and have the right to put forward opinions or ask employers to make corrections.
3. You can apply to the Labor Arbitration Committee for arbitration or bring a lawsuit to the court.
To sum up, after approval, rest is not illegal. The state stipulates the working hours and vacation system for employees and develops facilities for employees to rest and recuperate. If the company works overtime without the approval of the relevant departments and does not pay wages, the workers can report the company's illegal behavior to the relevant departments.
Legal basis:
Article 38 of People's Republic of China (PRC) Labor Law
The employing unit shall ensure that workers have at least one day off every week.
Article 36
The state practices a working-hour system in which workers work no more than 8 hours a day and 44 hours a week on average.
Article 39
If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may take other measures of rest for labor with the approval of the labor administrative department.
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