Pomegranate Legal Gang Group 丨 Company illegally lift the labor contract to pay compensation

Mr. Wang, citizen of Urumqi: In May this year, I went to work in a courier company. The labor contract agreed to the trial period for 3 months and the monthly salary was 5,000 yuan. The company's rules and regulations stipulate that the working hours are 9:00 to 21, and work 6 days a week. By the end of July, I refused to work overtime on the grounds that I had a long working time. The company said that I did not meet the hiring conditions during the trial period, and I lifted the labor contract with me.

Members of Pomegranate Legal Gang Group and Lawyer Gu Lixian Ah in the Xinjiang Ceremony Law Firm: Article 41 of the Labor Law of the People's Republic of China stipulates that the employer is due to production and operation, and the employer is with the trade union and the workers. After negotiation, the working time can be extended, generally not more than one hour daily; if the working time needs to be extended, the working time must not exceed three hours per day under the condition of ensuring the health of the workers, but the month must not exceed 30 per month. Six hours.

In the company's rules and regulations you serve, the content of "working hours from 9:00 to 21, 6 days a week", which seriously violates the law of the law on extending the upper limit of the working time, should be identified as invalid. You refuse to work overtime in illegal timeout, to safeguard your legitimate rights and interests, and you cannot determine that you do not meet the hiring conditions during the trial period. Therefore, you can apply for labor arbitration within one year from the date of the unity's illegal termination of the labor contract and ask the company to pay the illegal liberation of the labor contract compensation.

The Pomegranate Legal Gang Group is a position for the pomegranate cloud/Xinjiang Daily to provide legal public welfare services for users. The "help" sector wrote down your demand, and we will do our best to provide you with legal public welfare services.

(Reporter Sui Yunyan sorted)

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