Girls do not accept the humiliation of HR, is it legal?See the judge, say

Henan Daily Client reporter Zhou Qingsha Correspondent Zhao Dongliang

Recently, the news that a girl was humiliated by HR was discussing on the Internet. HR said that the salary was 4,000 to 6,000 per month, and the girl said that the girl could not accept the single break. Unexpectedly, HR replied: "Why do you want to come out to work? Others are looking for workers, not looking for a wife, and hiring an employee to do work Please, please set up, not looking for a primary three. "

Many netizens have expressed their distress on the girl's encounter. Is it illegal to rest alone? What should companies and employees look at this? Come and listen to what the judge says.

Wang Gang Henan Provincial Higher People's Court Four Senior Judge

According to Article 3 and 7 of the State Council's Regulations on Working Hours, employees work on Monday to Friday for 8 hours a day for a total of 40 hours, and rest on Saturdays and Sundays. For enterprises and institutions that cannot be implemented above can arrange a weekly rest date according to the actual situation, the employer will arrange a single break based on benefits, but the implementation of the single -rest system cannot violate Article 36 and 41 of the Labor Law. It is stipulated that regardless of the implementation of a single and double break, the workers must not exceed 8 hours of daily working hours, and the weekly working hours cannot exceed 44 hours. Overtime time usually does not exceed 1 hour daily. Special reasons extend the working time, no more than 3 hours a day, and no more than 36 hours per month.

In short, the violation of the law or not is determined based on the daily and weekly working hours, rather than just a single break must be illegal. If the employee has an average week of working hours for more than 44 hours, even if it is implemented for 3 days a week, there is still an overtime situation. Employees can claim to pay overtime pays.

"Workers enjoy equal employment and the right to choose occupations, and the right to obtain labor remuneration. Workers can choose whether to accept the single -rest system based on their own situation. The employer has no right to force employees to accept the single rest system." Labor and employers can clearly stipulate that the standard working hours system (8 hours a day, 40 hours a week) in the labor contract (8 hours per day), comprehensive calculation working hours system Natural conditions), irregular work -hours (no fixed time limit for commuting time every working day), and other working hours systems, for those who need to extend working hours, they should be in accordance with Article 42 and 44 of the Labor Law. Determine labor remuneration (overtime pay).

For other overtime and remuneration regulations, please refer to the figure below

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