Is It Legal For Employees To Work 12 Hours A Day?

Is it legal for employees to work 12 hours a day?

I am a front-line operator of an electrical appliance company. Now the unit has sent us to work in the field.

Working hours, usually at 7:15 in the morning, 12 hours, 4 hours, 10 minutes in the afternoon, and 8 hours in the evening.

Sometimes it will be more than 9 o'clock before I get off work, and the intensity of labor is very large. I often can't bear it. Attendance is only counted at 7:30 p.m., and extra time is compulsory overtime.

We work 12 to 14 hours a day. Is the appliance company illegal?

Mr. Ding

Lawyer answer:

Chang Weidong, director of Beijing Changhong law firm

Overtime should not exceed 3 hours per day. Unit practice is obviously illegal.

Hello!

"In related regulations, employers shall not extend the working hours of workers in violation of the provisions of this law.

Due to the needs of production and operation, the employer can extend the working hours after consultation with the trade unions and laborers, not more than one hour per day.

Under the condition of good health, the extension of working hours shall not exceed 3 hours per day, but not more than 36 hours per month.

Therefore, your unit does not require employees to agree to require employees to work overtime and not to pay overtime.

.

You can ask the unit to pay overtime fees. If this is dissatisfied, you can rescind the labor contract and ask the unit to pay the economic compensation and overtime payment.

Legal links:

Article thirty-first of the labor contract law: the employing unit shall strictly enforce the labor quota standard, and shall not force or disguise the laborers to work overtime.

If an employer arranges overtime work, he shall pay overtime wages to laborers in accordance with relevant state regulations.

Thirty-eighth: if the employer has one of the following circumstances, the worker may terminate the labor contract: (two) not paying the labor remuneration in time or in full.

Article eighty-fifth: the employer shall be ordered to pay labor remuneration, overtime or financial compensation within the time limit under the following circumstances: if the labor remuneration is lower than the local minimum wage standard, the balance shall be paid; if the payment is not paid, the employer shall pay the laborer more than fifty percent of the amount payable or not; (1) fails to pay the worker's remuneration in full and in full in accordance with the stipulations of the labor contract or the state regulations; (two) pay the laborers' wages less than the local minimum wage standard; (three) arrange overtime work without paying overtime; (four) rescind or terminate the labor contract, and do not pay the financial compensation to the workers in accordance with the provisions of this law. (three)