It is suggested that you can negotiate the overtime fee with the leader or complain directly to the local labor department. The labor law is a law that specifically stipulates the code of conduct between workers and employers.
China's labor law clearly stipulates working hours. Article 36 The state practices a working-hour system in which laborers work no more than eight hours a day and no more than 44 hours a week on average.
Provisions on working hours in People's Republic of China (PRC) Labor Law:
Article 36 The state practices a working-hour system in which laborers work no more than eight hours a day and no more than 44 hours a week on average.
Article 37. The employing unit shall, in accordance with the working hours system stipulated in Article 36 of this Law, reasonably determine the labor quota and piece-rate remuneration standard for workers who implement piece-rate wages.
Article 38 The employing unit shall ensure that workers have at least one day off every week.
Article 39 If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may take other measures for work and rest with the approval of the labor administrative department.
Article 41 The employing unit may, due to the needs of production and operation, extend the working hours after consultation with the trade unions and laborers, which shall generally not exceed one hour per day; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours a day and thirty-six hours a month under the condition of ensuring the health of the workers.
Legal basis:
Article 36 of the Labor Law The state practices a working-hour system in which laborers work no more than eight hours a day and no more than forty-four hours a week on average.
Extended data:
Specific information of the Labor Contract Law:
I. General provisions of the Labor Contract Law:
1. The "equal organization" in Article 2 of the Labor Contract Law not only refers to enterprises, individual economic organizations and private non-enterprise units in China, but also includes accounting firms, law firms, foundations and other legally registered units.
2. A branch registered with the administrative department for industry and commerce to obtain a business license may, with the authorization or consent of the employing unit, conclude with the laborer according to law. When the branch fails to fulfill its obligations to the workers, the employer shall bear the responsibility.
3. State organs and social organizations that employ civil servants and refer to workers other than civil servant managers, that is, establish labor relations with them, shall conclude labor contracts according to law.
4. The laborer referred to by labor should be 16 years old and has not yet enjoyed the basic old-age insurance benefits or pension.
5. The Labor Contract Law does not apply to civil servants and those who refer to the management of civil servants, rural laborers (except employees of township enterprises and farmers who go to work or do business in cities), servicemen, nannies directly employed by families, and those who have enjoyed basic old-age insurance benefits or received pensions.
6. When employing workers who maintain full-time labor relations with other units, the employer shall conclude a labor contract according to law.
7. The employing unit shall conclude a labor contract in accordance with the law when recruiting veterans who choose their own jobs.
8. When an employer recruits foreigners, it shall apply for a foreigner's employment permit and conclude a labor contract according to law.
9. When employing personnel from Hong Kong, Macao and Taiwan, the employing unit shall apply for employment certificates for the personnel from Hong Kong, Macao and Taiwan, and conclude labor contracts according to law.
1. The recruitment of workers by foreign enterprises in China, foreign embassies and consulates in China and international organizations in China shall be handled in accordance with the existing relevant laws and regulations.
1 1. When an employer formulates, modifies or decides on rules, regulations or major issues that directly affect the vital interests of employees, it shall be discussed and adopted by the employees' congress or all employees.
Put forward plans and opinions, negotiate with trade unions or employee representatives on an equal footing, and after consultation with trade unions or employee representatives on an equal footing, the employer shall decide the implementation of rules and regulations or major issues.
12. The Head Office requires all subsidiaries to implement the rules and regulations formulated by the Head Office in the form of the following documents. The rules and regulations can only be used as the basis for the employment management of subsidiaries after the subsidiaries have fulfilled the procedures stipulated in Article 4 of the Labor Contract Law.
13. The rules and regulations formulated by the employer through democratic procedures or major issues decided by the employer are automatically applicable to newly hired employees, but the employer must fulfill the obligation of publicity or notification.
In the process of implementing rules and regulations or major issues, newly hired employees have the right to propose to the employer if they think it is inappropriate, and negotiate to revise and improve it.
14, which does not violate the provisions of national laws, administrative regulations and policies, has been publicized or informed to employees, and can be used as the basis for employment management of employers.
15. "Publicity or notification" refers to the rules and regulations of the employing unit or the decisions on major issues, which can be completely transmitted or conveyed to the workers by means of copies in their hands, study and training, etc.
16. The "major issues" in the second paragraph of Article 4 of the Labor Contract Law refer to labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, employee training and labor discipline.
As well as labor quota management and other matters directly related to the vital interests of workers.
17. If the trade union or employees think that the rules and regulations or major issues involving the vital interests of employees are inappropriate, they shall put forward their opinions, and the employer shall give a written reply within 3 days.