Labor Law: It is expressly stipulated that daily working hours are 8 hours, but in most private companies it is 12 hours. Can I sue?

The labor law clearly stipulates that employees of an organization must work 8 hours a day, which must not be exceeded. Once this is exceeded, the organization will be severely punished and the employees will receive corresponding compensation.

So, since the labor law clearly stipulates, why do many companies have working hours of more than eight hours, and some work hours reach 12 hours, or even 15 hours.

Aren’t they afraid of breaking the law? Is it usually okay to sue him in this situation?

Nowadays, working in a factory or an enterprise, eight hours a day is the dream of many people who leave early and come home late, but now it is not the kind of thing where many people work more than eight hours a day, and sometimes they work overtime. , eleven or twelve hours on average, the daily workload will exceed 12 hours.

But my salary is very small, which feels like an imbalance. Although many people understand that according to the labor law, it is illegal for the employer to do this, and they can fully sue them. Generally, if an employee's work exceeds eight hours of fishing time, he or she must be paid a certain amount of overtime pay. As long as the employer pays overtime pay, it is not illegal. How can we sue employees who work more than eight hours without overtime pay? What evidence is needed?

①. Proof of labor cooperation: Two copies of the labor contract signed with the unit during the period of work, the work permit given to you by the unit, and many people paid social security during the period of work. It is still OK, with the record of paying social security and joining the job. You also need to fill in the registration form when you work. These are proof of labor cooperation with the unit and are a piece of evidence.

②. Proof of overtime work: Like many units and factories, they are generally divided into many groups, led by group leaders. Each group creates a group on WeChat to notify work matters, usually like These team leaders will notify the employees of each group through WeChat about overtime work, rest breaks, etc.

③. Proof of salary flow: Every month, the unit has different salary payment times. Generally, each employee will be given a salary slip and salary slip before paying wages. You can rely on these salary slips and salary slips. And the bank's salary flow is used as evidence to sue the unit. What should I do if there is no labor contract?

The Labor Law stipulates that regardless of the unit, the company must sign a formal ceremony with its employees, two labor contracts, and purchase employee social security for its employees.

If one of these two is missing, the unit will face penalties. But in real life, many units do not sign labor contracts when recruiting employees. This is generally the case in factories. Some employees don't care about the labor contract, they just think that they can get a salary every month and find a job. What should you do if your employer asks you to work more than ten hours of overtime every day without overtime pay or a labor certificate?

In fact, situations like this are easy to handle. The chat records in the work group, the clock-in and clock-out records, the records of eating in the work canteen, and the monthly salary records can all prove that you are in the company. Worked for this company unit.

You can rely on this evidence to go to the Labor Bureau to sue him. He did not sign a labor contract for himself, nor did he buy social security for himself. Moreover, he worked more than eight hours a day, all overtime without pay, and he was not paid. One cent overtime pay. Generally, in this case, you can apply for labor sanctions, and the labor bureau will talk to the leaders of your unit. In a situation like this, if you go through legal procedures, you should prepare the following materials after notifying the Labor Bureau.

①. Prepare two copies of the labor application arbitration document, and apply for the labor application arbitration document at the Labor Bureau. You can apply for the arbitration document with the above evidence.

②. The front and back of the valid original and photocopy of my ID card.

③. Several copies of the respondent’s business registration information.

④. Labor contract and related evidence information.

After preparing these materials, wait for the court to notify you of the hearing time. Once the court makes a judgment, the unit must pay a certain amount of compensation. If the unit fails to compensate within the specified time, it can apply to the court for compulsory compensation. Once the compulsory compensation unit has to compensate, if it fails to compensate, all bank card accounts in his name will be frozen.

So, according to the labor law, if your working hours exceed eight hours a day, and there is no overtime pay for the exceeded time, you must voluntarily work overtime. Then you can refuse, or you can apply to the labor bureau of the court for sanctions. .

Under normal circumstances, no company would be so stupid. Generally, a certain amount of overtime pay will be given for daily workload exceeding eight hours, but the overtime pay they give is very small. And you can’t go to the labor bureau to sue them, so many people choose to run away with buckets. This is why there are fewer and fewer workers now. My opinion on this is:

If you work more than eight hours and your employer lets you work overtime for free, you can negotiate with the employer and give you overtime pay. If you are not given overtime pay, you can make other arrangements. Generally, units will pay overtime pay.

But once you choose to break up with your employer, after the labor bureau gives you overtime pay during the overtime period, it means that you will not be able to continue working in this company.

Although on the surface the company cannot unilaterally fire any employee because this is illegal, they will use many methods to force B to leave and let you resign yourself, which can save a large amount of compensation. Why do some security guards take turns taking turns a day? What about a security guard working 12 hours a day?

This far exceeds the standard of eight hours a day. Speaking of which, let’s talk about the comprehensive calculation of working hours. Generally, the comprehensive calculation of working hours is approved by the company and unit to the labor department. If allowed, the calculation period is every week, month, quarter, and year.

For example, working hours are calculated on a monthly basis, that is to say, the working hours this month must not exceed 150 hours, then even if you are asked to work 20 hours of overtime for three consecutive days, as long as this month does not exceed 150 hours hours, then it is not illegal. Once it exceeds 150 hours, the unit must pay overtime pay for those hours exceeded. Summary:

When necessary, we must take up legal weapons to protect our own interests, but as a last resort, we should not get into trouble with the unit. Some jobs are difficult for some people. It is an indispensable job. Once there is a stalemate, it means that they are about to lose their jobs.

After all, many working friends now have parents and children who are going to school. How can there be so many choices? What’s the point of working overtime in the face of life? for them.

What do you think about this?