A company in Shenzhen requires less than 30 hours to donate 300 yuan!Lawyer: Violation of labor law

Earlier this month, some netizens broke the news on social platforms that a business company in Shenzhen issued the "Announcement on Strict Execution of overtime systems" within a business company in Shenzhen, requiring employees to work overtime for 30 hours a month, and give up up to 20 yuan meal at 20:30 to 20:30. repair. "If the monthly overtime does not reach 30 hours, the job performance is 300 yuan/month." Once this incident was exposed, it attracted the attention of the entire network. Some netizens said that this is to owe money at work, and some netizens said that the company said it was an internal affairs and violated the labor law. Let's listen to what the lawyer says.

◆ Companies need to be negotiated overtime.

Xia Xianyuan, a lawyer of Henan Guoyin Law Firm, said that the announcement issued by the company violated Article 4 of the Labor Contract Law, and was determined without the discussion of the employee congress or the discussion of all employees. In addition, in accordance with Article 31 of the Labor Contract Law of the People's Republic of China, employers shall strictly implement the labor quota standards and shall not force or forced workers to work overtime. If an employer arranges overtime, the overtime pay shall be paid to the workers in accordance with relevant national regulations. Therefore, the company has no right to force employees to work overtime.

"The‘ every month for less than 30 hours to donate 300 yuan/month ’. The so -called music donation is actually a disguised fine. This behavior violates the labor law and violates the workers' rights." Xia Xianyuan said.

◆ The total time of overtime must not exceed 36 hours

Some netizens calculated that for 30 hours per month, that is, it is calculated according to 8 hours of regular working hours per day, and more than 3.7 days per month. So, is there a legal restriction on the length of overtime?

Xia Xianyuan said that the company's overtime time is too long, which violates the provisions of the labor law on extending working hours. According to Article 41 of the Labor Law of the People's Republic of China, the employer can extend the working time after negotiation with the trade union and workers due to the needs of production and operation. Generally, it must not exceed one hour daily; Time, extend the working time under the condition of ensuring the health of the workers, must not exceed three hours a day, but it must not exceed 36 hours a month.

◆ Arrange employees to pay overtime pay overtime

"Arrange employees to work overtime, and the company shall pay the overtime pay to it in accordance with relevant regulations." Xia Xianyuan said that Article 44 of the Labor Law of the People's Republic of China stipulates that if there is one of the following circumstances, the employer shall be paid higher than the following standards than higher than the following standards higher than the higher than the following standards. Wage salary for normal working hours of workers: When arranging workers to extend the working hours, pay a salary remuneration of not less than 150 % of the salary; The salary is more than 200 % of the salary; if the workers are arranged on a legal holiday, the payment of less than 300 percent of the salary is paid.

According to Xinhua News Agency, in response to the above -mentioned illegal acts suspected of the company, the Shenzhen Municipal Bureau of Human Resources and Social Security has filed a case for investigation.

◆ Workers can complain or mention labor arbitration

How should workers safeguard their legitimate rights and interests in such incidents?

Xia Xianyuan said that if such incidents are encountered, workers can protect their rights by complaining to the local labor supervision department and mentioning labor arbitration.根据《中华人民共和国劳动争议调解仲裁法》第五条的规定， 发生劳动争议，当事人不愿协商、协商不成或者达成和解协议后不履行的，可以向调解组织申请调解；不愿调解、调解不成或者If the mediation agreement is not fulfilled, it may apply for arbitration with the labor dispute arbitration committee; if the arbitration decision is not convinced, in addition to the other regulations of this Law, a lawsuit may be filed with the people's court. (Yang Shufang, a reporter from Henan Legal System) ⑦

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