Then, since the labor law clearly stipulates, why do many enterprises work more than eight hours, while others work as high as 12 hours or even 15 hours?
Aren't they afraid of breaking the law? Can I sue him for this situation?
Nowadays, working in a factory or enterprise is a dream of many people, but now it is not the kind that many people work more than eight hours a day, and sometimes they work overtime. The average daily workload will exceed 12 hours.
But my salary is very small, and I feel unbalanced. Although many people understand that in the labor law, it is illegal for the unit to do so, and it can be prosecuted completely. If the average employee's job is to copy fish for more than eight hours, he should be paid overtime. As long as the unit pays overtime, it is not illegal.
How can I sue employees who work more than eight hours without paying overtime? What evidence do you need? 1. labor cooperation certificate: the labor contract signed with the company during the work period is in duplicate, and the company gives you a work permit. Many people pay social security during the work period. There is a record of paying social security, and a registration form must be filled in when you join the company. These are all proofs of labor cooperation with the company, and they are all evidence.
2. Overtime certificate: Like many units and factories, it is generally divided into many groups, led by the team leader, and each group builds a group on WeChat to inform the work situation, such as overtime rest. These group leaders will notify the employees of each group through WeChat.
(3) proof of salary flow: the company has different salary payment time every month. Generally, before paying the salary, each employee will be given a payslip, which can be used as evidence to sue the company with these payslips, payslips and bank salaries.
What if there is no labor contract? According to the provisions of the labor law, no matter any unit or enterprise, it is necessary to sign a formal ceremony, two labor contracts and purchase employee social security for employees.
If both are indispensable, then the unit will face punishment. However, in real life, many companies do not sign labor contracts when recruiting employees. There are many factories like this. Some employees don't care about the labor contract, just want to get paid every month and find a job.
What if the company makes you work overtime for more than ten hours every day and there is no overtime pay? In fact, this situation is very easy to handle. Chatting records in the work group, punching in and out, eating records in the work canteen and monthly salary records can all prove that you have worked in this company.
You can take this evidence to the labor bureau to sue him, without signing a labor contract or buying social security for yourself. And if the workload exceeds eight hours every day, you all work overtime for free and don't give any overtime pay. Then in general, you can apply for labor punishment, and the labor bureau will talk to the leader of your unit.
In this case, if you go through legal procedures, you should prepare the following materials after notifying the Labor Bureau. (1), prepare an application for labor arbitration in duplicate, and apply for labor arbitration in the labor bureau. You can apply for arbitration with the above evidence.
② The valid original and photocopy of my ID card.
(3) several copies of the applicant's industrial and commercial registration information.
(four) the labor contract and related certification materials.
After preparing these materials, wait for the court to inform the hearing time. Once the court decides, the unit has to pay a certain amount of compensation. If the unit fails to pay the compensation within the specified time, it may apply to the court for compulsory compensation. Once the compulsory compensation unit wants to pay compensation, once it does not pay compensation, all bank card accounts under his name will be frozen.
Therefore, according to the labor law, if you work more than eight hours a day and have no overtime pay, you must voluntarily join overtime, then you can refuse or apply to the court labor bureau for sanctions.
Now, under normal circumstances, no unit would be so stupid. Generally, overtime pay is given to the workload of more than eight hours a day, but they pay very little overtime. And you can't sue them at the labor bureau, so many people choose to run away with buckets, which is why there are fewer and fewer workers now.
In this regard, my opinion is: if you work more than eight hours, the unit allows you to work overtime for free, and you can negotiate with the unit and give you overtime pay. Do not give you overtime pay, make other decisions, and the general unit will give you overtime pay.
However, once you and your company choose anus, it means that you will not be able to continue working in this company after the Labor Bureau pays you overtime during overtime.
Although on the surface, the company can't unilaterally dismiss any employee, because it is illegal, but they will use many methods to force B to leave and let you resign yourself, which will save a lot of compensation.
Why do some security guards take turns changing shifts a day? How about a security guard for one day 12 hours? This is far beyond the standard of eight hours a day. At this point, it is necessary to talk about the comprehensive calculation of working hours. Generally, the comprehensive calculation of working hours is submitted to the labor department for approval by companies and units, and the calculation period is weeks, months, quarters and years when permitted.
For example, if the monthly working hours are comprehensively calculated, that is to say, the working hours in this month should not exceed 150 hours, then even if you are required to work overtime for 20 hours for three consecutive days, as long as it does not exceed 150 hours this month, it is not illegal. Once it exceeds 65,438+050 hours, the unit must pay overtime for these overtime hours.
Conclusion: When necessary, we must take up legal weapons to protect our own interests. However, if we have to worry about it, we should not get into trouble with the unit. Some jobs are indispensable for some people, and once they get into trouble, it means they will soon lose their jobs.
After all, many friends who work now have children to go to school, so there are many choices. What is working overtime in front of life? For them.
What do you think of this?