The labor law expressly provides that the daily working hours of the unit employees for 8 hours, shall not be exceeded, once more than the unit will be punished severely, and the employees will get the corresponding compensation.

So, since the labor law expressly stipulates, but why many enterprises work more than eight hours, and some of the working time up to 12 hours, or even 15 hours.

Aren't they afraid of breaking the law? Can you usually go and sue him in this situation?

Now in the factory work or business units work, eight hours a day is the dream of many people early morning and late at night, but now is not the kind of many people work more than eight hours a day, there are times to work an extra shift, eleven or twelve hours on average, the daily workload will be more than 12 hours.

And their own wages are very little, feel there is an imbalance in the situation. Although many people understand that in the labor law, the unit so belongs to the law, one can completely to sue them. General employee's work if it is more than eight hours of copying time, to give a certain amount of overtime pay, as long as the unit gave overtime pay, then it is not illegal.

For those who work more than eight hours of time, and do not give in overtime pay, like this employee, how to sue him? What evidence is needed?

①, proof of labor cooperation: During the work period and the unit signed a duplicate labor contract, the unit gives you a work permit, during the work period, many people pay social security, but also, by virtue of the payment of social security records, the entry into the job, but also to fill out the registration form, these are and the unit of proof of labor cooperation, are a piece of evidence.

②, proof of overtime: like many units of factories are generally divided into many groups, led by the team leader, each group is on WeChat to build a group, used to notify the work of the matter, generally like the usual overtime breaks, etc., these team leaders will be notified through WeChat each group of employees.

③, wage flow proof: Each month the unit has a different payroll time, usually before the payroll will be given to each employee, payroll pay slips, you can rely on these pay slips, pay slips, and the bank's payroll flow, as a lawsuit against the unit's evidence.

If there is no labor contract, then what to do?

Labor law provides that regardless of any unit, the enterprise must sign a formal ceremony with the employee, two labor contract, but also for the employee to buy workers social security.

If one of these two is missing, then the unit will face penalties. But in real life, many units to recruit employees did not sign a labor contract, like this situation in general, the factory is more. Some employees do not care about the labor contract, just think that you can get a salary every month and find a job.

If the unit allows you to work overtime for more than ten hours a day, and there is no overtime pay, there is no labor book then what to do?

In fact, like this case is very good to do, in the work group inside the chat records, clocking in and out of work records, in the work of the dining hall to eat the records, monthly payroll flow records, can prove that you have worked in this company unit.

With this evidence, you can go to the Labor Bureau to sue him for not signing a labor contract for yourself, not buying social security for yourself, and the daily workload of more than eight hours, are unpaid overtime, without giving a penny of overtime pay. Then generally, this situation can apply for labor sanctions, and the labor bureau will talk to the leaders of your unit.

In this case, if you go through the legal process, then after notifying the labor bureau, you have to prepare the following kinds of materials.

①, prepare a labor application for arbitration in duplicate, while the labor application for arbitration in the labor bureau for the application, with the above evidence you can apply for arbitration.

②, my ID card valid original and copy front and back.

③, the respondent's business registration information a number of copies.

④, labor contracts and related evidence information.

After preparing these materials well, we wait for the court to notify the time of the hearing. Once the court decision, the unit has to give some compensation, if the unit did not compensate in the specified time, then, you can apply to the court for mandatory compensation. Once the mandatory compensation unit had to compensate, once not compensated, then, will be frozen in his name all the bank card accounts.

So, according to the labor law, if your working time is more than eight hours a day, and the time in excess of no overtime pay, belonging to the must voluntarily join the overtime work, then you can refuse, you can also apply to the court labor bureau for sanctions.

Now in general, no unit will be so stupid, generally more than eight hours of daily workload will be given a certain amount of overtime pay, only they give overtime pay is particularly small. And you can't go to the labor bureau to sue them, so a lot of people choose to carry buckets and run, which is why there are fewer and fewer workers now.

My opinion on this is:

If you work more than eight hours, and the unit lets you work overtime without pay, you can negotiate with the unit to give overtime pay, and if it doesn't give you overtime pay, and then make other decisions, the unit will usually give overtime pay.

But once you and the unit choose to anus words, through the labor bureau unit to give you overtime during the overtime pay after, then it means that you will not be able to continue to do in this company.

Although on the surface the unit can not unilaterally dismiss any of the employees, because it is illegal, but they will use many ways to b forced to go, so that you resign so that you can save a large amount of compensation.

Why do some of the two guards working as security guards rotate shifts throughout the day? How about one security guard for 12 hours a day?

That's way more than an eight-hour day. That being said, it's important to talk about composite computing hours. General integrated calculation of working hours are companies and units to the labor department to approve, is allowed to every week, every month, every quarter, every year for the calculation cycle.

For example, in accordance with the monthly comprehensive calculation of working hours, that is to say, this month's working hours shall not exceed 150 hours, then even if you let you work overtime for three consecutive days of 20 hours, as long as the month does not exceed 150 hours, then it is not illegal, once more than 150 hours, the unit must be those who exceeded the time to give the overtime pay.

Summary:

When necessary, we must take up the weapons of the law to protect their own interests, but must not be the case, or do not and the unit deadlock, some of the work is an indispensable job for some people, once deadlocked, means that they are about to lose their jobs.

After all, many of my friends who work now have old and young children to go to school, which has so many choices, in front of the life of the extra shift is nothing? For them.

What do you think about this?