First, workers can complain to the labor security administrative department. According to the current Labor Security Supervision Regulations, there are nine items included in the labor security supervision ***, including the employer's compliance with working hours and rest and vacation. Therefore, workers can file a complaint with the Labor Security Supervision Department after experiencing overtime work. After the labor security supervision department receives the complaint, it should be carried out in accordance with the law

Secondly, workers can reflect the problem to the labor union.

On the one hand, according to Article 41 of the Labor Law, employers can extend working hours after consultation with trade unions and workers due to production and business needs, but there are strict time limits. If an enterprise arranges for workers to work overtime without the consent of the labor union and workers, the labor union can raise objections and negotiate with the enterprise.

On the other hand, trade unions have the function of labor supervision, which includes the employer's compliance with the state's relevant employment, labor contracts, working hours and rest and vacation, wages and remuneration, and the fulfillment of collective contracts. According to article 78 of the labor contract law, trade unions safeguard the lawful rights and interests of workers in accordance with the law, and supervise the employer's fulfillment of labor contracts and collective contracts. If the employer violates labor laws and regulations and the labor contract or collective contract, the labor union has the right to make comments or request correction; if the worker applies for arbitration or files a lawsuit, the labor union shall give support and assistance according to law.

Third, workers can apply to the Labor Dispute Arbitration Committee for arbitration. Workers can refuse to work overtime and can apply to the Labor Dispute Arbitration Committee for arbitration. The employer cannot terminate the labor contract on the basis of the worker's refusal to work overtime. If a dispute arises as a result, both parties may apply to the Labor Dispute Arbitration Committee for arbitration.

How should labor unions and human resources departments play a role?

The role of labor unions in curbing overtime work is mainly reflected in the following:

First, labor unions should conduct regular legal training and publicity. Legal training is mainly for union staff, and legal publicity is mainly for workers. The report of the 17th National Congress of the Chinese Trade Union has repeatedly emphasized that trade unions should resolutely safeguard the lawful rights and interests of workers, and take serving the masses of workers wholeheartedly as the starting and ending point of all work. This is the basic duty of trade union organizations. The realization of the basic duties of trade unions requires that the staff of trade unions effectively improve their ability to protect rights and rights, and pay attention to legal propaganda and services for workers. Enterprise trade unions can hold regular legal knowledge lectures to popularize legal knowledge and provide services for workers, and can also issue legal knowledge pamphlets and publicity materials, and can also open a column through the enterprise website to popularize legal knowledge. Through legal training and publicity, trade unions can not only enhance the ability of trade union staff to protect their rights, but also help ordinary workers to understand the existing labor laws and regulations, so that they can effectively prevent disputes and deal with them rationally.

Secondly, trade unions should really play the role of labor supervision. Specifically embodied in: the trade union supervisory committee has the right to investigate the employer's illegal overtime work based on the workers' complaints and reports; the trade union has the right to send representatives to participate in the supervision activities of the relevant state organs on the employer's compliance with the Labor Law, in particular, to participate in the inspection of the implementation of the Labor Law as well as the investigation and handling of the employer's violation of the Labor Law; and the trade union is entitled to send representatives to participate in the supervision activities of the relevant state organs on the employer's compliance with the Labor Law, especially to participate in the inspection of the Labor Law implementation as well as the investigation and handling of the employer's violation of the Labor Law. overtime work, the trade union has the right to give advice to the employer and request it to make corrections; the trade union has the right to request the state organ with the power to investigate and deal with the employer's illegal overtime work to investigate and deal with it in accordance with the law; the trade union has the right to support the employees in reporting or complaining about the illegal overtime work to the relevant state organ.

The role of human resources and social welfare departments in curbing overtime work is mainly reflected in:

First, comprehensively advancing the grid-based and networked management of labor security supervision, and realizing the transformation of supervision and law enforcement to proactive prevention and the coordination of urban and rural areas. Grid management refers to the provisions of the jurisdiction of labor inspection, according to the number of employers in the jurisdiction and the difficulty of supervision, based on the town (district) or community (village) divided into a number of grids, each grid needs to be equipped with a certain number of supervision staff, to achieve vertical to the end, horizontal to the edge, clear responsibility, tracking and timely coverage of urban and rural employers of the labor inspection and law enforcement network. Networked management refers to the use of modern information technology on the basis of grid-based supervision, the pooling of information on the employment of employers, the establishment of a database of information on the employment of employers, and the development and application of an operating system to achieve management informatization, standardized law enforcement, and integrated supervision, and to further improve the effectiveness of labor inspection and law enforcement. This "double-networked" management can make reasonable predictions about the future labor situation through the analysis of big data, and draw key conclusions that can stifle violations of the law by employers in the "cradle". On the other hand, the large number of illegal cases that have already occurred will be summarized and analyzed, and preventive measures will be actively constructed.

Secondly, we will innovate the way of supervision and enforcement, standardize the enforcement behavior, further open up the channels for reporting and complaining, expand the coverage of daily inspection and written examination, and strengthen the special rectification of outstanding problems. Specifically, in addition to telephone hotlines and mailboxes, the supervisory authorities should also broaden online reporting channels and open online forums for labor violations to accept supervision by netizens, as well as being able to carry out special remediation of problems reflected by workers.

Third, a sound early-warning, prevention and control mechanism for violations of the law should be set up to improve the comprehensive multi-sectoral management and the linkage of supervision, law enforcement and criminal justice, and to step up efforts to investigate and deal with illegal overtime work.

Fourth, strengthening the construction of an honesty evaluation system for labor security and establishing and improving enterprise honesty files. Labor inspection departments will evaluate employers' compliance with the working hours and leave system. Dishonest enterprises should be penalized, and given warnings, time limits for rectification, fines and exposure in different situations.