1、 law ： exclude 《 labour law 》 Article 42 provides that , That is to say, what threatens the life and health of workers and property safety needs to be dealt with urgently 、 Those that affect production and public interests must be repaired in time 、 Other special circumstances , Workers have the right to refuse to work overtime ;
2、 staff ： From the personal point of view of employees , How much money do you do , You can refuse to work overtime , What's more, I still work overtime voluntarily ;
3、 reality ： But in reality , It's hard to refuse to work overtime , If you refuse to work overtime, you will refuse to be promoted or raised , Maybe he'll be led “ Thinking about ”.
One 、 According to the law, employees have the right to refuse to work overtime
《 labour law 》
Article 40. During the following festivals, the employing unit shall arrange holidays for workers according to law ： …….
Article 41 Due to the production and operation needs of the employer , Working hours may be extended after consultation with trade unions and workers , Generally no more than one hour per day ; Need to extend working hours due to special reasons , The extension of working hours shall not exceed three hours a day under the condition of ensuring the health of workers , But not more than 36 hours a month .
Article 42 Under any of the following circumstances , The extension of working hours is not subject to the provisions of Article 41 of this law ： （ One ） There's a natural disaster 、 Accidents or other reasons , Threaten the life, health and property safety of workers , Something that needs urgent attention ; （ Two ） Production equipment 、 Transportation lines 、 There's something wrong with public facilities , Affect production and public interest , It must be repaired in time ; （ 3、 ... and ） law 、 Other circumstances stipulated by administrative regulations .
Article 43 The employer may not extend the working hours of workers in violation of the provisions of this law .
《 labour law 》 Forty and forty-three of them show that enterprises should guarantee workers' rest time , Don't violate the rules to ask employees to work overtime .
《 labour law 》 Enterprises are required to work overtime in accordance with the provisions of Article 41 , Through the Union （ Trade unions in many enterprises are in vain ） Only after consultation and agreement with the labor force can , And there's a time limit .
Of course , about 《 labour law 》 Article 42 , Ordinary enterprises also can't use , They are needed by some special industries , For the overtime required by these special enterprises , Employees can't refuse .
therefore , On the legal level , exclude 《 labour law 》 Article 42 , Employees have the right to refuse to work overtime —— According to Article 41 “ negotiation ” principle .
Two 、 From a personal point of view, there is legal support , You can refuse to work overtime if you don't want to
There is a strange situation in the workplace now , The more you work , There will be more work ahead . Doing more and leading well is just a few words of praise , It's hard to see your own shadow in promotion and pay rise , But if you do something wrong , Leaders will only find their own troubles , Completely ignoring the hard work before .
For individuals , Work every day 8 Hours , Put your heart and soul into it , Basically can complete the work on hand , Even finished the work ahead of time .
Better companies will have overtime pay , Almost no company has any overtime pay , I just hope that all the employees work overtime for the company . The salary structure of many companies is basic salary plus performance , The basic wage is basically the minimum standard wage in the city , The goal is to pay for social security 、 Overtime can reduce costs .
The reason why the company requires employees to work overtime is that there is an urgent matter , There is something urgent for the staff to overcome . On the other hand , Why do employees ask for leave when they have an emergency ？ You can ask for leave without deduction ？
From my own point of view , There's something urgent to go , You can leave ahead of time on New Year's day （ That's how I am now , Home is far away , The leaders told me to leave early ）, I'm willing to stay when the company is in an emergency , Even if there's no overtime , Reciprocity is bilateral .
3、 ... and 、 In reality , Employees are in a weak position
There is so much analysis in the front , Employees can refuse to work overtime , But in practice , There are several employees who refuse to work overtime ？
Employees have always been in a weak position in business relations , Can't afford to refuse , That's why it's hard for employees to refuse to work overtime .
Just imagine , The leader told you to work overtime , You refused two or three times , At this time, it's good for leaders not to wear shoes for you , Still thinking about promotion and pay rise , How is that possible? ？ If you don't wear shoes, Amitabha .