Is it legal to work 12 hours a day according to the requirements of the labor law?

According to Article 36 of the Labor Law of People's Republic of China (PRC), "the state implements a working-hour system in which the working hours of laborers do not exceed eight hours a day and the average working hours per week do not exceed forty-four hours." Working 12 hour is definitely illegal.

In addition, according to the provisions of Article 41: "Due to the needs of production and operation, the employer may extend the working hours after consultation with the trade unions and laborers, generally not exceeding one hour per day;

If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours a day and thirty-six hours a month under the condition of ensuring the health of the workers. "Six days a week is 12 hours, which is definitely illegal.

Extended data:

Workers' rights

(1) Equal employment rights. The labor law stipulates that all citizens who have the ability to work have equal employment rights, that is, workers have the right to employment. The right to employment is the right of citizens who have the ability to work to obtain practical protection to participate in social labor and get paid according to their work.

Citizens' right to employment is the basis for citizens to enjoy other rights. If citizens' right to employment cannot be realized, all other rights will also promote the foundation.

(2) the right to choose a career. The Labor Law stipulates that workers have the right to choose a career that suits their talents and hobbies according to their own wishes, their own quality, ability, hobbies and market information, that is, workers have the right to choose a job freely.

The right to choose a job is conducive to the workers to give full play to their own specialties and promote the development of social productive forces. This is not only the embodiment of workers' labor rights, but also a sign of social progress.

(3) the right to receive labor remuneration. According to the Labor Law, workers have the right to receive remuneration in accordance with the labor contract and relevant state laws. The right to receive labor remuneration is an indispensable material guarantee for workers to continue to exercise their labor rights.

(4) The right to labor safety and health protection. The Labor Law stipulates that workers have the right to obtain labor safety and health protection. This is the most direct protection for workers' life safety and health and their enjoyment of labor rights.

(5) Have the right to rest. According to our constitution, workers have the right to rest. To this end, the state has stipulated the working hours and vacation system for employees and developed facilities for employees to rest and recuperate.

(6) the right to enjoy social insurance benefits. In order to provide protection for workers when they are sick and old, China's labor law stipulates that workers have the right to social insurance and welfare, that is, workers enjoy labor insurance and welfare including endowment insurance, medical insurance, work injury insurance, unemployment insurance and maternity insurance. Social insurance and welfare are the objective needs of labor reproduction.

(7) the right to receive vocational skills training. According to the Constitution of China, citizens have the right and obligation to receive education. The so-called education includes both general education and vocational education.

The right to receive vocational skills training is the basic condition for workers to realize their labor rights, because workers must have certain vocational skills to realize their labor rights, and to acquire these vocational skills, they must receive special vocational training.

(8) The right to submit a labor dispute for settlement. The Labor Law stipulates that when there is a labor dispute between the employee and the employer, the employee has the right to submit the dispute for settlement, that is, the employee has the right to apply to the Labor Dispute Mediation Committee, the Labor Arbitration Committee and the court for mediation, arbitration and litigation according to law.

Among them, the labor dispute mediation committee consists of employers, trade unions and workers' representatives, and the labor arbitration committee consists of labor administrative departments, trade unions at the same level and employers' representatives.

(9) Other rights as prescribed by law.

References:

Baidu encyclopedia-labor law