In an interview with Red Star News reporter, Li said that he had "worked for many days" because he "didn't sleep well recently and wanted to go home to sleep early". He criticized the overtime atmosphere of the company with a "short composition" of nearly 300 words, arguing that the company "always means attitude, not something to say."
On the second day of the incident, he signed a voluntary resignation letter with the company, but received a notice from the company and was dismissed for violating the company's rules and regulations. After Li released the matter, although the company withdrew the penalty notice, he insisted that the company issue an announcement to explain the matter and apologized to him through all emails and work group announcements.
It is said that the company's human resources manager said in an interview with Red Star News reporter that the company is currently cooperating with the labor inspection department for feedback. The local labor inspection department said it was investigating the matter.
It can be seen that this incident was caused by overtime work. Later, Li resigned automatically, but received a notice of dismissal. I won't talk about other follow-ups. It is illegal to mention that employees refuse to work overtime and are dismissed. Dismissal is illegal. Employees can claim compensation from the company, and the employer needs to pay compensation according to twice the economic compensation.
Relevant legal basis:
Article 47 of the Labor Contract Law
The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.
The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
Article 87
If the employing unit dissolves or terminates the labor contract in violation of the law, it shall pay compensation to the laborer twice as much as the economic compensation standard stipulated in Article 47.
If there is a dispute between the two parties, they can also apply for labor arbitration. Labor arbitration is generally divided into four steps: application by the parties, examination and acceptance, arbitration preparation and arbitration trial;
1. Application of the parties: the parties submit an application for labor arbitration and relevant materials and evidence.
2. Examination and acceptance: If the application for labor arbitration meets the requirements, the labor dispute arbitration commission shall make a decision on acceptance or rejection within five working days from the date of receiving the application for arbitration.
Three. Preparation for arbitration: An arbitration tribunal shall be formed within seven days from the date when the arbitration commission decides to accept the labor dispute.
4. Arbitration hearing: The arbitration tribunal shall notify both parties in writing of the date and place of the hearing five days before the hearing; If the parties have justified reasons, they may request an extension of the hearing three days before the hearing.
It is not uncommon for us to refuse to work overtime for compensation. I also found many related cases on the Internet. Let's take a look ~
Mr. Shi from Henan, working in Dongguan, joined an electronics company in Chang 'an Town, Dongguan on 20 13. On June 25th, 20021year, Mr. Shi was terminated by the company for refusing to work overtime.
According to the company announcement, from June 20265438 to June 23, 20021,the superior supervisor arranged Mr. Shi to work overtime, but Mr. Shi refused to work overtime without approval, which affected the production progress. Finally, the company terminated the labor relationship with Mr. Shi according to the relevant provisions of the Employee Handbook.
Mr. Shi thinks that his position belongs to management position, and he only works 8 hours a day, excluding overtime. The labor contract signed by both parties also stipulated his salary standard and working hours. Moreover, when the company arranged overtime, he had already asked for leave.
The labor arbitration tribunal held that Article 31 of the Labor Contract Law stipulates that "the employer shall strictly implement the labor quota standard and shall not force or force the laborer to work overtime in disguised form", and Article 35 stipulates that "the employer and the laborer may change the contents agreed in the labor contract through consultation".
In this case, the employer arranged for Mr. Shi to work overtime, which was a temporary increase in work content. It should be regarded as changing the contents of the labor contract, and Mr. Shi has the right to refuse according to law. The employer's practice is illegal to terminate the labor contract.
Finally, on August 20 of the same year, an arbitral tribunal, the president of Dongguan Labor and Personnel Dispute Arbitration Institute, ruled that the employer paid Mr. Shi compensation 139300 yuan for the illegal termination of the labor contract.
Let's go back to the previous topic. In Li's case, the reason for refusing to work overtime is that the work can be completed tomorrow without exceeding the specified time. But because I was too tired and wanted to have a rest, the leader made irresponsible remarks and asked for overtime. Personally, I think it's a little too much.
Therefore, in this case again, we should learn to protect ourselves with legal weapons. There is no need to naked resignation, just take what you should, which can effectively prevent the boss from asking for overtime without reason.