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Is there a factory in Wuhua Industrial Park in Meizhou that doesn't have to work overtime?
Any factory will have unexpected events to deal with when it has a surprise production and operation task. There is no factory that does not work overtime, only whether overtime is arranged according to law, whether compensatory time off is arranged according to law, and whether overtime pay is paid.
According to the provisions of Article 41 of the Labor Law, the employing unit shall negotiate with the trade union and the laborer and obtain the consent of the laborer. The overtime hours shall not exceed 3 hours per day and 36 hours per month. Workers have the right to refuse to work overtime, as long as they inform the supervisor or the management personnel who arrange overtime.
However, according to the provisions of Article 42 of the Labor Law, the employing unit shall not refuse to arrange overtime for workers under any of the following circumstances:
1, natural disasters, accidents or other reasons, which threaten the life, health and property safety of workers and need urgent treatment;
2, production equipment, transportation lines, public facilities failure, affecting production and public interests, must be repaired in time;
3. Other circumstances stipulated by laws and administrative regulations.
According to the provisions of Article 44 of the Labor Law, the employing unit shall pay wages and remuneration according to the following standards when arranging overtime for workers:
Overtime on working days: hourly overtime wage standard = monthly wage standard agreed in the labor contract ÷ (the monthly paid days are 2 1.75×8 hours) ×150%;
Overtime on rest days: daily overtime wage standard = monthly wage standard agreed in the labor contract ÷ paid days per month 21.75× 200%;
Statutory holidays; Daily overtime wage standard = monthly wage standard agreed in the labor contract ÷ paid days per month 2 1.75×300%.
Where the employing unit illegally extends the working hours, the laborer may complain to the labor inspection, which shall give a warning and order it to make corrections, and the infringed laborer shall be fined according to the standard of 65,438 yuan +000 yuan but below 500 yuan. .
Labor law of the people's Republic of China
Article 41 Due to the needs of production and operation, the employing unit may extend the working hours after consultation with the trade unions and laborers, and generally the working hours shall not exceed 1 hour per day; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed 3 hours per day and 36 hours per month under the condition of ensuring the health of the workers.
Article 42 Under any of the following circumstances, the extension of working hours shall not be restricted by the provisions of Article 41 of this Law:
(a) the occurrence of natural disasters, accidents or other reasons, threatening the life and health of employees and property safety, and requiring emergency treatment;
(two) production equipment, transportation lines, public facilities failure, affecting production and public interests, must be repaired in time;
(3) Other circumstances stipulated by laws and administrative regulations.
Article 44 Under any of the following circumstances, the employing unit shall pay wages higher than the wages of the workers during their normal working hours according to the following standards:
(1) If workers are arranged to work longer hours, they shall be paid no less than150% of their wages;
(2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 200% of their wages;
(3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.
the State Council
Regulations on labor security supervision
Article 25 If an employer violates the laws, regulations or rules of labor security to extend the working hours of laborers, the administrative department of labor security shall give a warning, order it to make corrections within a time limit, and may calculate and impose a fine according to the standard of more than 65,438 yuan but less than 0,000 yuan per employee who has been infringed.
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