How to complain about corporate employees working overtime during holidays

You can complain, report, or apply for labor arbitration to the labor department.

According to Article 41 of the Labor Law, employers must negotiate with workers when extending working hours (i.e. overtime). Since it is a negotiation, of course there should be an agreement on overtime hours and overtime pay, otherwise it is forced labor.

There are only four circumstances in which overtime work shall not be refused: natural disasters, accidents or other reasons that seriously threaten people's safety and health and national assets and require emergency treatment; production equipment, transportation lines, public roads, etc. ***Facility failure affects production and public interests, and must be repaired in time; legal holidays or public holidays must be used during the shutdown period to conduct equipment inspection and maintenance; in order to complete national defense emergency tasks, or complete other emergencies arranged by superiors outside the national plan production tasks, as well as commercial, supply and marketing enterprises to complete the emergency tasks of purchasing, transporting, and processing agricultural and sideline products during the peak season.

Except for these four situations, if the unit requires employees to work overtime, it must negotiate with the employees. If an employer uses unfair means to require employees to work overtime, employees can refuse. Although employees may not refuse to work overtime under the above four circumstances, the unit must still pay overtime wages, and overtime wages must be paid in accordance with the standards stipulated in Article 44 of the Labor Law. If labor remuneration or overtime wages are in arrears or withheld, it can be resolved in accordance with Article 3 of the "Measures for Economic Compensation for Violation and Termination of Labor Contracts" or Article 85 of the "Labor Contract Law". The difference is that the former can be claimed directly, while the latter can only be claimed after failure to pay after being ordered by the labor department.

The calculation of overtime compensation shall be carried out in accordance with the following regulations:

1. Article 3 of the "Regulations of the State Council on Employees' Working Hours".

2. Article 44 of the Labor Law of the People’s Republic of China.

3. "Notice on the Conversion of Employees' Average Monthly Working Hours and Wages for the Whole Year".