Legal analysis: case: how to protect rights when working overtime? Mr. Zhong, an employee of an enterprise in shifang city, Sichuan Province, said that he is the doorman of the enterprise, working for more than 20 hours every day, with almost no rest time, and he has never received overtime pay except 1700 yuan every month. The unit said that he implemented a comprehensive working hour system. In response to Mr. Zhong's query, the lawyer believes that Article 36 of the Labor Law stipulates that the state implements a working hour system in which workers work no more than eight hours a day and no more than forty-four hours a week on average.

Legal basis: People's Republic of China (PRC) Labor Law.

Article 90 If an employing unit violates the provisions of this Law and extends the working hours of laborers, the labor administrative department shall give it a warning, order it to make corrections, and may impose a fine.

Article 41 stipulates that due to the needs of production and operation, the employer may extend the working hours after consultation with the trade unions and laborers, generally not exceeding one hour per day; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours a day and thirty-six hours a month under the condition of ensuring the health of the workers.

Article 42 Under any of the following circumstances, the extension of working hours shall not be restricted by the provisions of Article 41 of this Law:

(a) the occurrence of natural disasters, accidents or other reasons, threatening the life and health of employees and property safety, and requiring emergency treatment;

(two) production equipment, transportation lines, public facilities failure, affecting production and public interests, must be repaired in time.

(3) Other circumstances stipulated by laws and administrative regulations.

Article 43 stipulates that the employing unit shall not extend the working hours of laborers in violation of the provisions of this law.