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What happens when employees are forced to work overtime without pay?

As an average working professional, overtime is an unavoidable reality. Especially in the case of busy work and tight projects, we will unconsciously work overtime to complete tasks and ensure quality. However, if overtime work becomes a forced phenomenon, we need to think about how to respond and resist. In this article, I will analyze what we should do in case of forced overtime work from my personal experience.

First of all, we need to make a clear point that we have the right to refuse to work overtime without pay. According to the Labor Law of the People's Republic of China*** and the State of China, employers may not labor beyond the legal working hours. In other words, employers cannot ask their employees to work overtime indefinitely, nor can they just give them basic wages without overtime pay.

But the reality is that many employers have "rigid measures, improper management, and lack of supervision" in the management process, which results in employees being forced to work overtime without pay. So, when you encounter this situation, how should you respond?

1. Negotiation or Grievance

If we are forced to work overtime without being paid overtime or transferring to another day off, we can solve the problem by negotiation or grievance. When negotiating or complaining, we should pay attention to the following points:

(1) Understand the laws and regulations, and be clear about your rights and interests;

(2) Follow the credit principle of reasonableness, legality, and honesty in negotiating or complaining;

(3) Try to use the written way to make sure that the process of negotiation leaves a record;

(4) If you can't solve the problem, you can file a complaint to the relevant management for help and support.

2. Refusal of overtime work

We have the right to refuse overtime work if we encounter unpaid overtime. However, when refusing overtime, we should pay attention to the following points:

(1) Try to keep communication and explain your difficulties and unanticipated things;

(2) Try to discuss the solution with your team members;

(3) Don't aggravate the conflict, solve the problem properly, and the solution should be acceptable to both parties.

In addition to the above two points, we can also solve the problem in other ways, such as through overtime and then negotiated transfer, annual leave transfer and so on. But these two points are the most basic and feasible way, practice has proved more effective, but also to avoid unnecessary trouble and risk.

In short, it is illegal to force employees to work overtime in violation of labor laws and regulations, and we have the right not to accept unpaid overtime work, the right to ask for overtime subsidies or compensatory time off, and the right to make complaints and appeals. This proves that we have the protection of the law and will make us more confident and courageous in defending our rights and interests. The authors believe that we should manage our time wisely, avoid unnecessary overtime work, and improve our work efficiency and job satisfaction.