Employees Refuse To Work Overtime And The Company Has No Right To Deduct Bonus.

[case] Ms. Zhang, who worked in a private company, refused to work overtime one hour a day according to company requirements and cancelled Saturday's rest.

Recently, she went to Changping District East Xiao Kou judicial office for consultation.

The staff replied that she had the right to refuse overtime work beyond statutory time, and the employer had no right to deduct the bonus on the grounds that Ms. Zhang did not work overtime.

Ms. Zhang is in charge of personnel affairs in a private enterprise.

Starting in March this year, the company asked her to work overtime 1 hours a week from Monday to Friday, and canceled Saturday's rest every week, and the company paid overtime.

Ms. Zhang refused, but the company replied that if she did not work overtime, she would detain the performance bonus for that month.

To this end, Ms. Zhang came to the judicial advisory company's practice is legitimate.

[explanation] the judicial staff explained that

"The thirty-first article stipulates:" employing units should strictly enforce labor quota standards, and shall not force or disguise force to work overtime.

Employer arrangement

, in accordance with the relevant provisions of the state, they shall pay overtime wages to labourers. "

"

"The forty-first article states:" employers can extend their working hours after consultation with trade unions and laborers because of their production and operation needs, and generally do not exceed 1 hours per day. "

Therefore, employers can not unilaterally decide whether to require employees to work overtime.

Ms. Zhang has the right to refuse to work overtime beyond statutory time. The employer has no right to deduct the bonus on the grounds that Ms. Zhang does not work overtime.

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The unit suddenly unilaterally terminated the labor contract of Xiong and refused to pay compensation on the grounds of layoffs.

Recently, the court ordered the company to pay compensation for Xiong's illegal labor contract 4226.6 yuan.

In November 1, 2012, Xiong signed a 3 year labor contract with a technology chain Limited company.

In October 31, 2014, the company sent a notice of termination of labor contract to Xiong, on the grounds of serious difficulties in production and operation.

Xiong then applied for labor arbitration and later appealed to the court, requesting the company to pay 4226.6 yuan for the illegal rescission of the contract.

After the trial, the court held that the forty-first provision of the labor contract law stipulates that the employer should reduce the number of personnel on the basis of serious difficulties in production and operation, and the number of the reduction personnel is more than 20 or less than 20 people, but accounts for more than 10% of the total number of employees. If the workers or staff members are required to explain the situation 30 days in advance, after hearing the opinions of the trade union or workers, the personnel reduction plan can be reduced to the staff through the report to the labor administrative department.

The company relieves Xiong's labor relations on the grounds of serious difficulties in production and operation, and does not conform to the circumstances and procedures prescribed by law. Therefore, the act of rescission of the labor contract is illegal.

Accordingly, the court made the decision.