It is recommended that you negotiate with the leadership of the overtime costs, or to the local labor department to complain directly, the labor law is specifically provided for workers and employers code of conduct of the law.
China's labor law clearly stipulates the working hours, in Article 36 of the national implementation of the daily working hours of workers not more than eight hours, the average weekly working hours of not more than 44 hours of working hours system.
The Labor Law of the People's Republic of China (PRC) clearly stipulates the working hours:
Article 36 of the State implements a working hour system in which the daily working hours of the workers do not exceed eight hours, and the average weekly working hours do not exceed forty-four hours.
Article 37 For workers who are paid on a piece-rate basis, the employer shall reasonably determine their labor quotas and piece-rate compensation standards in accordance with the working hour system stipulated in Article 36 of this Law.
Article 38: The employer shall ensure that workers have at least one day of rest per week.
Article 39 enterprises due to production characteristics can not implement the provisions of Article 36, Article 38 of this Law, with the approval of the labor administration department, may implement other work and rest methods.
Article 41 An employer, due to the needs of production and operation, may, after consultation with the labor union and the workers, extend the working hours, which in general shall not exceed one hour per day; if the working hours need to be extended for special reasons, the extension of the working hours under the condition of safeguarding the health of the workers shall not exceed three hours per day, but shall not exceed thirty-six hours per month.
Legal basis:
Article 36 of the Labor Law stipulates that the State shall implement a system of working hours under which the daily working hours of a worker shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.
Expanded Information:
Specific Information on the Labor Contract Law: strong>
I. General Provisions of the Labor Contract Law:
1. "Such organizations" in Article 2 of the Labor Contract Law refers not only to enterprises, individual economic organizations, and private non-enterprise units within the territory of the People's Republic of China*** and the People's Republic of China, but also includes accounting firms, law firms, foundations, and other Units registered and established in accordance with the law.
2. A branch office that is registered with the administrative department for industry and commerce and has obtained a business license may, with the authorization or consent of the employer, enter into a contract with a worker in accordance with the law. When the branch office fails to fulfill its obligations to the worker, the employer shall be held responsible.
3. When a state organ or a social organization recruits a worker other than a civil servant or a manager with reference to a civil servant, it establishes a labor relationship with him or her and shall conclude a labor contract in accordance with the law.
4. Workers referred to by labor shall be at least 16 years of age and shall not yet be entitled to basic old-age insurance benefits or retirement pension.
5. The Law on Employment Contracts does not apply to civil servants and persons under the management of civil servants, rural workers (except for employees of township and village enterprises and peasants who go to the cities to work or do business), active-duty military personnel, nannies directly employed by their families, and persons who are already entitled to basic old-age insurance or a retirement pension.
6. Employers who recruit workers who maintain a full-time labor relationship with an outside organization shall conclude a labor contract in accordance with the law.
7. Employers shall conclude labor contracts in accordance with the law when recruiting veterans who have chosen their own jobs and have changed careers.
8. Employers recruiting foreigners shall apply for foreigner employment certificates and conclude labor contracts in accordance with the law.
9. Employers recruiting personnel from Hong Kong, Macao and Taiwan shall apply for employment certificates for Hong Kong, Macao and Taiwan personnel and conclude labor contracts in accordance with the law.
1. The recruitment of workers by offices of foreign enterprises in China, foreign embassies and consulates, and agencies of international organizations in China shall be handled in accordance with the provisions of the relevant laws and regulations in force.
11. When an employer formulates, amends or decides on rules and regulations or major matters directly involving the immediate interests of workers, they shall be discussed by the workers' congress or by all workers.
Proposing programs and opinions, and consulting with trade unions or employee representatives on an equal footing, after consulting with trade unions or employee representatives on an equal footing, the employer shall decide on the implementation of the rules and regulations or major matters.
12. The head office requires the subsidiary company to implement the rules and regulations formulated by the head office in the form of documents issued by the head office, and the rules and regulations can only be used as the basis for the employment management of the subsidiary company after the subsidiary company has fulfilled the procedures stipulated in Article 4 of the Labor Contract Law.
13. The rules and regulations formulated or major matters decided by the employer after democratic procedures are automatically applicable to newly recruited employees, but the employer must fulfill the obligation of public announcement or notification.
In the process of implementing the rules and regulations or decisions on important matters, if the newly recruited employees consider them inappropriate, they have the right to propose them to the employing organization, and they shall be revised and improved through consultation.
14. If it does not violate national laws, administrative regulations and policies, and has been publicized or notified to the employees, it can be used as the basis for the employer's employment management.
15. "Publicizing or informing" means that the employer's rules and regulations or decisions on important matters can be delivered or communicated to workers in a legally recognized manner, such as in a worker's handbook or through study and training.
16. "Significant matters" in Article 4(2) of the Labor Contract Law refers to matters related to labor compensation, working hours, rest and vacation, labor safety and health, insurance and welfare, employee training, labor discipline.
And labor quota management and other matters directly involving the immediate interests of workers.
17. If the labor union or the employees think that the rules and regulations or major matters involving the immediate interests of the workers are inappropriate, they will put forward their opinions, and the employer shall reply to their opinions in writing within 3 days.