Interpretation Of The Company System: Why Is It Punished For Refusing Overtime?

Comrade Ma: there is one thing for you to comment on.

Last week I refused to work overtime because of poor health, and I was punished by the unit.

I am very unconvinced about this, and I have to talk to the leaders, because I know that overtime work should be agreed with the staff. Besides, I have a low fever, and I can keep on going to work that day. It is good enough for me to extend my working hours.

But the unit does not listen to my reason, insists that I do not participate in the equipment rush repairs is wrong, said that the unit punishment is not wrong, does not agree to may sue!

First, overtime needs to be agreed.

The law clearly stipulates that employers should not extend the working hours of workers in violation of regulations.

The forty-first article of the labor law is clear:

Due to the need for production and operation, the working hours can be extended after consultation with the trade unions and workers. Generally, no more than one hour per day. For special reasons, it is necessary to extend the working hours. Under the condition of ensuring the health of workers, the extension of working hours should not exceed three hours per day, but not more than thirty-six hours per month.

So, you understand this correctly. Overtime does need to be agreed with the workers and can not exceed the statutory time limit.

Second, some overtime workers should obey.

The forty-second provision of the labor law stipulates that the extension of working hours is not subject to the provisions of the forty-first provision of this Law in one of the following situations: (1) the occurrence of natural disasters, accidents or threats to the health and safety of workers for other reasons requires urgent handling; (two) failure of production equipment, pportation lines and public facilities, which affect production and public interests, must be promptly repaired; and (three) other circumstances stipulated by laws and administrative regulations.

I don't know what kind of industry you are in. What is the condition of the equipment at that time? If the unit allows you to work overtime, it is based on the above circumstances.

Third, illness needs to be corroborated.

Of course, it is not safe to rush to repair equipment with disease, but this contradiction occurs. I think it is your grasp of the policy, including the problem of communication with the unit.

Because you came to work that day, did not say sick leave, in the afternoon did not because of physical discomfort.

If you go out to see a doctor, and you don't have the leader of the class to talk about your discomfort on the same day, your so-called "illness" has no evidence.

You think you can go home after work, but when the equipment is out of order, you need to work overtime, and you suddenly say that you do not want to work overtime, and emphasize "consensus". This is easy for you to understand that you do not want to work overtime.

In fact, taking stock of workers' overworked death in recent years, we find that overtime work is becoming a major culprit in destroying workers' lives and health, and can be found behind most cases of "overworked death".

The phantom of overtime or "overtime".

On the one hand, the work that can not be lost, on the one hand, infringes on the workers' right to rest and leave, which causes great damage to their physical and mental health. It is easy for workers to have a sense of job burnout too early. On the other hand, overtime not only deprives workers of their time, but also deprives workers of their time to accompany their families, which has become a factor that causes family conflicts and affects family harmony.

Since overtime is so harmful, can we not work overtime? For most workers, this is almost impossible.

Some enterprises can simply request workers to work overtime. If workers refuse, they will be faced with the risk of being deducted from wages, deducting bonuses or even losing their jobs.

And more enterprises are more covert when they require employees to work overtime. For example, enterprises will make strict assessment system, work schedule management and so on, even if the enterprise does not need to work overtime, but if employees do not work overtime, it is impossible to complete the work and get a full salary and bonus, which is actually forced to work overtime in disguise.

But no matter what form it is, in the overtime work, the problem of "strong labor and weak" is particularly evident, which means that relying on laborers' own struggle can not really get rid of the fate of "being overworked".

Then, who can help laborers to extricate themselves from endless overtime and safeguard their legitimate and lawful rest and vacation rights? The answer can only be hoped for the perfection of laws and regulations, and the strict enforcement of laws and regulations in reality.

For example, according to the relevant provisions of the labor protection supervision Ordinance, the employer's unit violates the regulations to extend the working hours of labourers, the labor and social security administrative department "gives warning, and orders to make corrections within a time limit", and fines for enterprises shall be calculated according to the standard of less than 100 yuan or less than 500 yuan per worker.

This means that the Dongguan City de Chuang Industrial Co., Ltd., which was mentioned in the news, was also faced with a maximum penalty of no more than 55000 yuan.

Several enterprises will take such a slight cost of illegal action in their eyes. This shows that at this stage, the relevant legal provisions must be perfected, the illegal costs of enterprises should be increased, and penalties for illegal enterprises should be enhanced, so that they dare not force laborers to work overtime in any form.

More importantly, we should advocate a "punctual work culture" in the whole society, encourage enterprises to improve their work efficiency and benefit from efficiency rather than overtime work. When working on time, they become a social consensus and become a legal, institutional and moral consciousness of all business leaders and managers. Workers' "overtime" problem will be solved or alleviated.

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