1, the boss forced overtime processing method is as follows:
(1) Documentary evidence of overtime can be collected. Over working hours, you can complain to the labor inspection department where the unit is located;
(2) The labor contract can be dissolved. If the employer forces the employee to work overtime by means of violence, threat or restriction of the employee's personal freedom, the employee may terminate the labor contract.
2. Legal basis: Article 38 of People's Republic of China (PRC) Labor Contract Law.
Under any of the following circumstances, the employer unilaterally terminates the labor contract, and the employee may terminate the labor contract:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
Second, how to report forced overtime?
If the employer is forced to work overtime, it can complain to the local labor administrative department, which will give it a warning, order it to make corrections, and may impose a fine. The extension of working hours should be negotiated with trade unions and workers, and generally should not exceed 1 hour per day. The working hours system shall be implemented, in which the daily working hours of laborers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours.