The company requires employees to work overtime due to the development of business, and most employees also accept it, but there will be restrictions on time, work intensity and so on when working overtime. However, not all overtime situations are restricted, so under what circumstances are employers exempt from the restrictions on overtime?
Netizen consultation:
There is no restriction on when overtime is not restricted
Lawyer answers:
1) It is necessary for production and operation
2) Work cannot be interrupted on rest days and statutory holidays, and must be continuously produced, transported or operated;
3) It is necessary to use the rest day or statutory holiday and holiday shutdown time for equipment overhaul and maintenance;
4) In order to complete the national emergency tasks and urgently need to complete the tasks of purchasing, transporting and processing agricultural and sideline products in the peak season;
5) Production equipment, transportation lines, public facilities, etc. fail, affecting production and public interests, and must be repaired in a timely manner;
6) Natural disasters, accidents or other reasons that threaten the life, health and property safety of workers and need to be dealt with urgently.
If the employer needs to organize employees to work overtime under the above circumstances, it shall obtain the consent of the labor union and the employee himself, and the approval of the unit leader before working overtime.
Lawyer adds:
The provisions of the Labor Law on overtime pay are:
1. If the worker is arranged to work longer hours, he shall be paid a wage remuneration of not less than 150% of the wage
2. If the worker is assigned to work on a rest day and cannot arrange a compensatory break, he shall be paid a wage remuneration of not less than 200% of the wage;
3. If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300% of the wage.
Laws and Regulations] Labor Law of the People's Republic of China
Article 41 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally not exceed one hour per day;If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, under the condition of ensuring the health of the workers.
Article 42: In any of the following circumstances, the extension of working hours is not subject to the restrictions provided for in Article 41 of this Law:
1) Natural disasters, accidents, or other reasons that threaten the life, health, and property safety of workers and need to be dealt with urgently;
2) Production equipment, transportation lines, and public facilities fail, affecting production and public interests, and must be repaired in a timely manner
3) Other circumstances provided for by laws and administrative regulations.
Profile of lawyer Ye Jingyi
Graduated from 211 University with a major in law, focusing on real estate, corporate legal affairs, debt collection, and labor disputes.