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Is it legal for Nanjing Huamai Technology Co., Ltd. to work overtime seriously? No one works more than 300 hours in a month.
According to the provisions of the labor law, workers work no more than eight hours a day, work overtime for up to three hours a day, and then take at least one day off every week. The longest working hours of workers are 1 1 hour, 6 days a week and 4 weeks a month, totaling 264 hours; Then I have to work 22 hours for two extra days, with a maximum of 286 hours a month. Exceeding the maximum monthly working hours stipulated by the state.
If the legitimate rights and interests of workers are infringed, they shall collect evidence to complain to the labor inspection brigade or apply to the labor dispute arbitration committee for arbitration, or they may negotiate with the employing unit for settlement.
According to labor law
Article 36 The state practices a working-hour system in which laborers work no more than eight hours a day and no more than 44 hours a week on average.
Article 38 The employing unit shall ensure that workers have at least one day off every week.
Article 41 The employing unit may, due to the needs of production and operation, extend the working hours after consultation with the trade unions and laborers, which shall generally not exceed 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.
Article 77 In case of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration or bring a lawsuit according to law, or settle it through consultation.
The principle of mediation applies to arbitration and litigation procedures.
Article 78 The handling of labor disputes shall follow the principles of legality, fairness and timeliness, and safeguard the legitimate rights and interests of the parties to labor disputes according to law.
Article 79 After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of their own unit for mediation. If mediation fails and one party requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration. One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
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