Recently, a news about a Shandong company requiring employees to work overtime until 10 o'clock in the evening has attracted widespread attention and heated discussions. According to reports, the company posted a notice of overtime for all employees in the group, and made it clear that taking leave will be considered absenteeism. A new employee asked for leave due to something, but received a resignation application form from the HR department, asking him to resign voluntarily. This incident has sparked extensive discussion on the Internet and attracted the attention and evaluation of labor lawyers. In this context, this article will analyze the incidents one by one, introduce the relevant provisions of the labor law in detail, and put forward reasonable suggestions for rights protection.
1. Event review
The report mentioned that in the foreign trade department of the Shandong company, the supervisor required all employees to work overtime until 10 p.m. tomorrow, and they were not allowed to ask for leave, which would be regarded as absenteeism. This request sparked dissatisfaction and revolt among employees, especially a new employee named Xiao Wu. Xiao Wu asked his supervisor for a day off in advance because of an urgent matter at home, but after returning home during the normal off-duty hours after taking leave, he was asked to fill out a resignation application form for work the next day. Xiao Wu was puzzled by this and refused to sign his resignation, and has now contacted the arbitration institution to apply for arbitration.
2. Event analysis
It can be seen from the report that the company's overtime requirements were not notified in advance, and the restrictions on leave were too strict, and even treated leave as the same as absenteeism. This behavior clearly violates the provisions of the Labor Law, and the employee has the right to ask for leave according to his personal situation, and the employer should also reasonably arrange the working hours of the employee according to the actual situation. Moreover, there are debatable aspects of the company's attitude towards and handling of new employees. The labor market is highly competitive, and employers and employees should establish a relationship of mutual trust and cooperation, rather than blindly emphasizing the attitude of new employees and making unreasonable observations and assessments.
1. Regulations on working hours
According to the provisions of the Labor Law, employers can extend the working hours of employees according to the needs of production and operation. However, there are also clear restrictions on the extension of working hours, which shall not exceed one hour per day and 36 hours per month. This shows that there is a limit to overtime, and the working hours should not be excessively extended. For the special working hours system and the irregular working hours system, the employer also needs to obtain the approval of the labor administrative department before it can be implemented.
2. The right to overtime and leave
According to the provisions of the Labor Contract Law, an employer shall not compel or indirectly compel an employee to work overtime, nor shall it regard leave as absenteeism. Employees have the right to take leave according to their personal circumstances and shall not be subject to unreasonable restrictions and penalties. At the same time, the employer also needs to reach an agreement with the employee to increase the work tasks of the employee, and the workload cannot be increased without authorization, otherwise it is an illegal act.
3. Lawyer's interpretation
According to the report, a labor lawyer said that "overtime leave = absenteeism" is a disguised act of forcing workers to work overtime. Employers must comply with the provisions of the law for employees to work overtime, including working hours limits and wage payments. In addition, the employer's overtime requirements for employees also need to be agreed upon through consultation with the employees, in line with the principle of reasonableness.
1. The legitimacy of the company's regulations
In response, the relevant person in charge of the company said that it is reasonable for the company to examine the attitude of new employees, but such an assessment should be based on performance and not based on informal overtime requirements. After all, an employee's attitude and ability to work does not depend entirely on the amount of overtime.
2. Conflict between company regulations and labor laws
There is a conflict between the company's provisions on internal group screenshots** and the provisions of the labor law. According to the Labor Law, employees have the right to protect their legitimate rights and interests in accordance with the law and make public reports, and employers are not allowed to restrict their freedom of speech and right to expression, and to formulate irregular regulations.
1. Understand the provisions of labor laws
Every employee has the obligation to understand his or her own labor rights and the relevant regulations of the employer. Only by understanding the protective measures of the law can we reasonably protect our rights and interests in our work.
2. Retain evidence and protect rights in a timely manner
When an employee encounters an employer's violation of laws and regulations, he or she should keep relevant evidence, such as chat records, notification emails, etc. In the event of a dispute, seek labor arbitration or legal assistance in a timely manner to protect their rights and interests.
3. Strengthen organizational strength
Whether within the company or within the industry, workers should strengthen their organizational strength and protect their legitimate rights and interests through collective action. Only by uniting together can we achieve better results in the face of unreasonable demands from employers.
Looking back on this incident, we can see that the employer's overtime requirements and leave restrictions on employees are too harsh, which conflicts with the provisions of the labor law. In the face of unreasonable demands, workers should fully understand their own rights and interests and have the courage to protect their personal rights and interests. At the same time, employers should also recognize that reasonable work arrangements and good employee relations can bring long-term development and mutual benefits. Respecting the law and respecting the rights and interests of workers is the practice that is truly in line with the law of enterprise development and the trend of social development.