Zhongxin Finance, April 1st (Reporter Li Jinlei) The rectification of overtime and overtime work is real!
Recently, many provinces across the country have focused on investigating and rectifying the problem of overtime work.
Some typical cases of overtime work have also been announced.
Two Beijing companies fined for working overtime
The Beijing Human Resources and Social Security Bureau recently issued an announcement on announcing to the public the first batch of major labor security violations in 2022. Among them, two companies were fined for illegally extending the working hours of workers.
Among them, Beijing Century Shuguang Cultural Communication Co., Ltd. implements a standard working hour system. From March to July 2021, the company arranged for 14 workers including Li X and Liu X to extend their working hours for more than 36 hours per month, and did not guarantee that the workers would work every month. At least one day off each week.
On November 5, 2021, the Xicheng District Human Resources and Social Security Bureau made an administrative penalty decision in accordance with the law, issued a warning to the company for illegally extending the working hours of workers, and fined 7,000 yuan, and ordered the company to stop illegally extending the working hours of workers. behavior of time.
The Yingbin Branch of Beijing Hongjude Catering Service Co., Ltd. implements a standard working hour system. From April to October 2021, the company arranged for 44 workers including He xx and Yang x to extend their working hours by more than 36 hours per month.
On February 16, 2022, the Human Resources and Social Security Bureau of Huairou District made an administrative penalty decision in accordance with the law, issued a warning to the company for illegally extending the working hours of workers, and fined 17,600 yuan, and ordered the company to stop illegally extending the working hours of workers. behavior of time.
What is the penalty standard for working overtime?
The two companies were fined primarily for extending their working hours by more than 36 hours a month.
This violates the rules for extending the working hours cap.
According to the labor law, the employer may extend the working hours after consultation with the trade union and the workers due to the needs of production and operation. Generally, the working hours shall not exceed one hour per day. If the working hours need to be extended due to special reasons,
the conditions for ensuring the health of the workers shall be ensured.
The extended working hours shall not exceed three hours per day, but not more than thirty-six hours per month.
According to Tianyancha, the punishment basis for the above two cases includes the provisions of Article 25 of the "Labor Security Supervision Regulations".
According to the provisions of Article 25 of the "Labor Security Supervision Regulations" that came into effect on December 1, 2004, if an
employer violates labor security laws, regulations or rules to extend workers' working hours, the labor security administrative department shall give a warning and order Corrections within a time limit, and may be calculated according to the standard of between 100 yuan and 500 yuan per victim, and a fine may be imposed.
Therefore, the standard of a fine of 500 yuan per person is already the top penalty.
Data map.
Photo by China News Agency reporter Sheng Jiapeng
How to report overtime work?
At present, Beijing, Shandong, Anhui, Henan, Guangxi, Qinghai, Hunan, Hubei, Jiangxi and other provinces are focusing on investigating and rectifying the problem of overtime work.
If a worker encounters overtime working, how should they report it?
Among them, the Beijing Municipal Bureau of Human Resources and Social Security stated that it has unblocked the 12333 hotline consultation telephone, on-site reporting and complaint windows, emails, Internet and other reporting and complaint channels, and promptly accepts and handles issues involving overtime and overtime.
Previously, in 2021, Sichuan focused on a week-long special law enforcement inspection for overtime and overtime, and it was clear that there were multiple channels for complaints. First, you can report complaints to the local human resources and social security administrative departments by phone or letter; second, you can go directly to the local human resources. The reporting and complaint reception window of social security can report complaints on the spot; thirdly, workers can report complaints to the reporting and complaint column on the official website of the local human resources and social security department; fourthly, they can also report to the trade union of the unit, and the trade union will coordinate and resolve it first, but it cannot be resolved. and then report the complaint to the local human resources and social security department.
Su Hainan, a special researcher of the China Labor Society, told Chinanews and Finance that by sacrificing the health and rest of employees, forcing employees to work overtime to maximize their output in exchange for enterprise development is to fish for the best.
Su Hainan believes that, on the one hand, regulatory authorities and public opinion should pay more attention to the phenomenon of overtime and overtime, and urge enterprises to strictly abide by labor laws and regulations, expose bad examples, and discover good examples.
Secondly, if workers face forced or semi-forced overtime work, they should be brave and good at defending their rights in accordance with the law.
In addition, enterprise managers still need to change their misconceptions of excessively exploiting workers and establish the correct concept of management in accordance with laws and regulations.
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