China News Service, Beijing, August 26 (Reporter Zhang Su) If workers refuse to work overtime illegally, can employers terminate their labor contracts?
The employer has not agreed with the worker to increase work tasks, does the worker have the right to refuse?
...In China, how to deal with these labor and personnel disputes will be more followed.
The reporter learned from the Supreme People’s Court of China on the 26th that the Ministry of Human Resources and Social Security and the Supreme People’s Court have recently jointly issued a typical case of overtime work. On the one hand, it reminds employers of the risks of illegal activities and promotes the regulation of labor according to law; on the other hand, it is clear that workers’ rights are protected. It is expected to guide workers to protect their rights in a rational manner in accordance with the law.
Among the 10 cases released by the two departments this time include "Workers who work overtime and overtime are injured, whether the employer or the labor dispatch unit bears joint and several liability for compensation" and "How to determine the arbitration effect of overtime pay" and so on.
In response to the "996 work system" that has caused heated discussion, the case released this time clarified that the content of "working hours from 9 am to 9 pm, 6 days a week" in the rules and regulations of a courier company is a serious violation of the law regarding extension The stipulation on the upper limit of working hours shall be deemed invalid.
The two departments reiterated that the rules and regulations of employers and corresponding work arrangements must comply with laws and administrative regulations, otherwise they will have to bear the consequences of illegality, and it will not be conducive to building a harmonious and stable labor relationship and promoting their own healthy development.
"Pre-arbitration, one arbitration and two trials" is a labor and personnel dispute settlement system with Chinese characteristics.
It is reported that the adjudication and adjudication work mechanism has achieved full coverage, and the parties' rights and interests relief channels have become smoother.
The two departments stated that they will continue to jointly develop guidance, release cases, and strengthen information comparison, so as to achieve the organic unity of political, legal and social effects in resolving labor disputes.