1. Law: except as stipulated in Article 42 of the Labor Law, that is, workers have the right to refuse to work overtime under other special circumstances that threaten life and health and property safety, need urgent treatment, affect production and public interests, and must be repaired in time;
2. Employees: From the employee's personal point of view, you can refuse to work overtime with any money, not to mention that many times you are still obliged to work overtime;
3. Reality: However, in actual situations, it is difficult to refuse overtime. Once you refuse to work overtime, you will refuse to be promoted and raised, and you may even be "recorded" by the leader.
First, the law stipulates that employees have the right to refuse to work overtime.
labour law
Article 40 For the following holidays, the employing unit shall arrange employees' holidays according to law:
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 42 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 threaten the life, health and property safety of workers and require emergency treatment; (two) 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.
Article 43 An employing unit shall not extend the working hours of laborers in violation of the provisions of this Law.
Articles 40 and 43 of the Labor Law indicate that enterprises should guarantee the rest time of workers and may not make employees work overtime in violation of regulations.
The Labor Law requires that enterprises must work overtime in accordance with the provisions of Article 41, with the consent of trade unions (many enterprises' trade unions exist in name only) and labor consultation, and there is a time limit.
Of course, the provisions of Article 42 of the Labor Law are not used by ordinary enterprises, but only by some special industries. Employees cannot refuse overtime required by these special enterprises.
Therefore, from the legal level, excluding the provisions of Article 42 of the Labor Law, employees have the right to refuse to work overtime-based on the principle of "consultation" in Article 4 1.
Second, from a personal point of view, if you don't want to work overtime with legal support, you can refuse.
Now there is a strange situation in the workplace. The more jobs there are, the more jobs there will be. Being a good leader is just a few words of verbal praise. It's hard to see your shadow when you are promoted and raised, but once you make a mistake, the leader will only find trouble for yourself, completely ignoring your previous efforts.
For individuals, if they work 8 hours a day and devote themselves wholeheartedly, they can basically finish the work at hand or even finish the work ahead of schedule.
A better company will get overtime pay, and a worse company won't even get overtime pay. I just hope that all employees will work overtime for the company. The salary structure of many companies is basic salary plus performance. The basic wage is basically the minimum standard wage in the city, and its purpose is to reduce costs when paying social security and overtime.
The reason why the company requires employees to work overtime is that they are in a hurry and need employees to overcome it. Conversely, why should employees take time off when they are in a hurry? Is it okay to ask for leave without deducting money?
From my own point of view, I can leave early in emergencies and holidays (I am like this now, my home is far away, and my leaders always let me leave early). When the company is in an emergency, I will definitely be willing to stay, even if there is no overtime pay, which is mutually beneficial.
Third, in reality, employees are in a weak position.
As analyzed earlier, all employees can refuse to work overtime, but in reality, how many employees refuse to work overtime aboveboard?
Employees have always been in a weak position in the company relationship and cannot bear the consequences of refusal, which is also the reason why it is difficult for employees to refuse the company's overtime requirements.
Imagine that the leader asked you to work overtime and you refused two or three times. At this time, it is good that the leader will not wear shoes for you. How is it possible to think about promotion and salary increase? If you don't wear little shoes, you are Amitabha.