"Thirty hours of overtime per month" is illegal regulations

According to media reports, recently, a netizen broke the news on a social platform that a new company in Shenzhen has released the "Announcement on Strict Execution of overtime system". The company requires employees to work overtime for 30 hours a month Up to 20 yuan meal supplement. If employees have not reached 30 hours of overtime, they need to donate 300 yuan to the company. According to Blue Whale Finance from the company involved, this document is true. The legal representative of the company said this was a matter of internal company. However, on the recruitment software, the company claims that employees do not work overtime, such as overtime can apply for a rest.

The problem is that the "30 -hour per month" policy that is not only supplemented by meals and can be adjusted is reasonable and legal because of this? The answer is obviously denied.

From the perspective of execution, although the company's employees who have reached 30 hours per month this time, the company gives 20 yuan daily supplements, and can also be adjusted. If you don't reach it, you will donate 300 yuan to the company. This requires the way employees to pay for the company, no matter how good the name is, is essentially a kind of superpower of the company's superpower for disguise on employees.

Article 36 of the Labor Law of the People's Republic of China stipulates that the standard working hours are 8 hours a day workers and 40 hours a week. Article 41 of the law clearly states that due to the needs of production and operation, the employer can extend the working time after negotiation with the trade union and workers, and generally not exceed 1 hour daily; The working time is extended at the condition that the working time must not exceed 3 hours per day, but the month must not exceed 36 hours.

It is not difficult to see that workers should at least work overtime: first, voluntary negotiations beforehand, not forced; second, it is necessary; third, the total length of the monthly overtime time is not more than 36 hours.

In this part -time enterprise, the workers are arranged to work overtime. Although the total length does not exceed the upper limit of 36 hours a month, there is no legitimate reason to do so, no equal negotiation with the workers, and there are no similar regulations in the recruitment contract. In the actual labor process, forcing workers to work overtime through disguised fines such as music donations is obviously a labor violation. In addition, overtime supplementation does not meet the requirements of the labor law on the work of overtime pay for overtime, which is also a kind of illegal.

This approach has aroused great concern in society, and once again warn the relevant market entities and workers. The enterprise has the power to arrange employees to work overtime according to law, but this power has a boundary. It can be arranged without restrictions and must be implemented in accordance with laws and regulations.

Earlier, the overtime overtime of the Internet industry has decreased. For example, domestic short video giants and Douyin announced that the previous "size weeks" scheduled time, uniformly arrange weekend breaks, and those who have overtime needs to submit overtime applications through the system to apply for overtime application applications. Only overtime. In addition, Tencent's game studio also requires employees to get off work at 6 pm and start advocating non -overtime culture. There are even some companies that have clearly stipulated that "not allowed to work overtime", free overtime punishment, and no overtime rewards, etc., have made people see that the rights and interests of many enterprises have attracted more and more attention with the joint efforts of society, including rest rights, including rest rights, including rest rights, including rest rights, including rest rights. And the trend of protection, all of which have taken the positive and valuable pace of protecting employees' physical and mental health.

However, the company's approach is the opposite of this. It shows the protection of labor rights and interests including rest rights, and there are still problems such as repetitiveness, unevenness, and still violations of regulations or disguise. The protection and thickening of the overall rights and interests are obviously a negative energy.

This also shows that illegal and compulsory arrangements for employees to work overtime are not only an internal affairs of the enterprise, but also involving whether the workers' rights and interests are respected and related labor regulations have been effectively implemented. It is necessary for supervision and other departments to investigate this random violation of the rights and interests of workers.

Source: Economic Reference News

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