Foreigners see China: How can the boss say that employees will work overtime if they work overtime? 1987 when I first came to China to teach English, I could neither speak nor listen to Chinese, and I couldn't recognize a few Chinese characters. As an illiterate, going to a restaurant is a severe test. The most convenient way for me is to recite some dishes hidden in my stomach to the waiter. If people don't have these recipes, I will take the second measure and stare at the recipes and guess the crossword puzzle. For example, if I recognize a cow, I will quickly order a beef dish. As for dried tangerine peel beef or braised beef, I have no idea. I also know the words chicken, duck, tofu and vegetables. Eat whatever you bring, and you are not qualified to be picky. When I travel with my American friends, I often make trouble. More than once, I heard my friends in China sigh with emotion: "Oh, it's strange that I can understand the foreign languages you speak, but I can't understand the foreign languages spoken by those foreigners." The foreign language you speak is really different. " I think this is probably a psychological effect. As a native of China, whenever I introduce myself as an American, the reaction of China people is the same: "Why are you an American? You are obviously from China. " I have to tell them that there is no standard American concept. As the United States is an immigrant country, everyone from all corners of the country constitutes the American nation, and they have a sense of belonging to the land under their feet. They are no longer expatriates, but become the masters of this new continent. Of course, in this ethnic melting pot, all ethnic groups still cling to their own cultural and religious traditions. The population distribution in America is very uneven. Some states are 98% white, while California South Americans near Mexico account for a large proportion. In some areas of Mississippi and Georgia, there are many black residents, and new york is a world-famous ethnographic museum metropolis. But I found that the so-called Americans in China's concept only refer to Americans with white faces. Some developing countries are strikingly similar in disagreeing with the ideas of non-white Americans. At a conference for non-white students majoring in international relations at Princeton University, some American diplomats who have served in the diplomatic field for a long time told us: "If you are not white, your future in the diplomatic field will be bleak and difficult. If American diplomats sent to Asian and African countries are not white, they will be resisted by the other side. " The reality is so cruel. I have experienced similar embarrassment. When I was an interpreter, people in China seemed to be worried about whether my American English was pure or not, and whether I could really translate their words into standard English. In the post office near the school, it is very troublesome to pick up the parcel every time, but my white colleague has never been asked to open any tickets. When the shop assistant saw that she was white, she immediately smiled and arranged everything for the foreign guests. In hotels, shops and other public places, Chinese-Americans can easily perceive that waiters are not as polite to China people as white "foreign guests", and most China people feel a certain degree of psychological harm because they often encounter such low-white first-class treatment. Let me talk about China people's concept of human feelings, which puzzles me. After coming to China, I realized more clearly that I am an American, because my thinking and behavior are completely American. In my opinion, I can't do anything improper to any of my relatives and friends. One day, a lady came to visit me and asked me an incredible thing. She said, "You're from Princeton. Can you help my child get into Princeton to clear the relationship? " I explained to her that the United States doesn't talk about relationships and it is not smart to find doorways. Your child only needs to apply according to the usual procedures. Afterwards, she complained that she was very kind to me and often gave me gifts. It's too bad that when I was needed at the critical moment, I stood by and made friends with me. The debt of gratitude I met in China often tortured my soul. The computer company where I work now has an office in Beijing. I always wonder why the communication between the two offices is so difficult, because there is such a big gap between China people and westerners in their work and way of thinking. In a small company with only a dozen people, office politics is surprisingly complicated, and everything is beating around the bush, which is a headache. The working atmosphere in Beijing office is full of paternalism. There is a clear distinction between employees and bosses. Even if the boss is wrong, employees have to listen to their immediate superiors and carry out their own opinions, which makes me very uncomfortable. There are great differences in culture and working methods. American employees are generally not afraid to give advice to their bosses. China people also mistakenly think that Americans are lazy. An employee asked me, "Americans don't work as hard as we do, do they?" At first, I didn't understand what he meant. Later, I found out that one of his so-called hardships was that everyone would go out for a drink after work at night. The general American concept is: getting off work is getting off work, and working overtime is another matter. This kind of drinking and socializing is rare. There are also differences in the concept of overtime work between China and the United States: Americans believe that bosses can't ask employees to work overtime casually, so they require careful work plans in advance to avoid temporary surprises; Employees have the right to refuse to work overtime. If employees work overtime because of the boss's planning mistakes, the boss will feel guilty. But in Beijing, due to poor planning, the boss often asks everyone not to leave tonight, or suddenly asks you to go back to work on Sunday, which is very disrespectful to employees' spare time. Another feature of Beijing company is the lack of planning. Several leaders sometimes get together for lunch. Everyone had an idea as soon as their brains were hot. They talked orally for dozens of minutes, and without drawing up a feasible plan, they rushed to each other's stall in disorder. Colleagues from one table to another can't figure out what the other is doing. How many leaders' wishes each employee knows in his mind depends on his own feelings. It has been delayed for two years now, and the original software design of patting the head still has no progress. Excerpted from Foreigners Talking about China, by Guo Ying, Writers Publishing House, 2003.
The boss asks employees to work overtime, and employees have to work overtime? Overtime consultation system Article 41 of the Labor Law 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.
The boss can accuse the employee of cheating him into working overtime. What's the crime? Article 44 of the Labor Law stipulates that under any of the following circumstances, the employer shall pay the wages higher than the normal working hours of the workers according to the following standards:
(1) If the laborer is arranged to work longer hours, he shall be paid no less than 150% of the salary;
(2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 200% of their wages;
(3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.
You can call 12333 to complain if you are in arrears, do not pay wages or deduct wages. The telephone number is the telephone number of the Human Resources and Social Security Bureau. You can also complain to the supervision brigade of the Labor Bureau.
Due to the company's failure to pay labor remuneration on time, the parties may apply for the dissolution of the labor contract and labor relationship and demand economic compensation. The parties may report to the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay the wages. If the labor inspection brigade fails to coordinate, the laborer may apply for labor arbitration. Those who refuse to implement the conclusion of labor arbitration may apply to the court for compulsory execution.
Article 85 of the Labor Contract Law: In any of the following circumstances, the employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the employee according to the standard of more than 50% 100% of the payable amount:
(1) Failing to pay workers' remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;
(2) Paying workers' wages below the local minimum wage standard;
(3) Arranging overtime without paying overtime;
(four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.
The boss asked me to work overtime on New Year's Day, saying that I would be absent from work if I didn't work overtime. It's simply lawless!
Employees often work overtime, but the supervisor says there is no overtime pay. Overtime pay depends on what the boss says. The national overtime wage standard is as follows:
During the statutory holidays, if the employer arranges the workers to work, it shall pay no less than 300% of the workers' wages, and shall not substitute compensatory time off or compensatory time off.
If workers are arranged to work on rest days, but they cannot arrange rest days or compensatory rest days, they shall be paid no less than 200% of the workers' wages. If the unit does not stipulate the time for adjustment or compensatory leave for employees, employees have the right to demand double wages.
If the working hours are extended, the employee shall be paid no less than 150% of the employee's salary.
It is illegal for employers to ask employees to work overtime without paying overtime.
According to the notice of the Ministry of Labor and Social Security on June 7, 2000, "the average working days and working hours of employees are adjusted to 20.92 days and 167.4 hours respectively." Therefore, if the average monthly working days exceed 20.92 days, or the average monthly working hours exceed 167.4 hours, it shall be regarded as overtime, and overtime pay shall be paid in accordance with the provisions of the first paragraph of Article 44 of the Labor Law, that is, overtime pay shall not be less than 150% of salary.
The boss requires employees to work overtime and be on duty regularly. How can they complain without overtime pay? Tell the boss that the boss is mistress. Then go to the labor inspection brigade or labor arbitration commission where the company is located.
Employees want to work overtime, can the boss stop them? Under normal circumstances, the boss will not stop employees from working overtime.
But if overtime is paid, you must apply.
You can work overtime directly if you want to work overtime.
Employees have the right to refuse to work overtime. Why did the boss say to leave without working overtime? According to the current labor law, employees have the right not to work overtime. If they want to work overtime, the company should compensate for the overtime pay. If they sign a labor contract, they can't fire their employees before the contract expires. These bosses have made it very clear that they are barbaric, overbearing and hooligans, bullying your ignorance and cowardice, and they can't go to court with them.
What if the boss always makes me work overtime? According to the provisions of Article 41 of the Labor Law, if the employing unit requires the laborer to work overtime, it shall obtain the consent of the laborer, and you may refuse.
Attachment: Legal basis
labour law
Article 41 The employing unit may, due to the needs of production and operation, extend the working hours after consultation with the trade unions and laborers, which shall generally not exceed 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.
Can employees work overtime at will if they have overtime pay? It is a good company to have overtime pay. Many companies don't even have overtime pay.