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Working hours of Optics Valley Government Affairs Center
National legal working hours: According to the laws of China, employees work 8 hours a day, with an average of 44 hours a week, and at least rest 1 day per week. If the working hours need to be extended due to production and operation, the daily working hours shall generally not exceed 1 hour, and the cumulative monthly working hours shall not exceed 36 hours. Due to the needs of production and operation, the employer may extend the working hours after consultation with the trade unions and workers, 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.
Under any of the following circumstances, the extension of working hours shall not be restricted by the provisions of Article 41 of this Law:
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.
The provisions of the labor law on working hours are mandatory, but it is voluntary for employees to work overtime after work. The company does not need to arrange compensatory time off or pay overtime. If the average daily working hours have already exceeded eight hours, and the employer can never guarantee rest, and there is basically no rest at ordinary times, then these operations of the company are serious violations.
Legal basis: Article 41 of the Labor Law of People's Republic of China (PRC). Due to the needs of production and operation, the employer shall extend the working hours after consultation with the trade unions and workers, and generally shall not exceed one hour per day; If it is necessary to extend the working hours for special reasons, the working hours shall not exceed 3 hours a day and 36 hours a month under the condition of ensuring the health of the workers.
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