Can employees refuse to work overtime? What are the consequences?
Recollection 2020-11-26 11:04:15
It is estimated that the most troublesome thing for the workplace is to hear the leader say that he has worked overtime tonight , Do employees have the right to refuse to work overtime ? What are the consequences of not working overtime ?

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 ”.

 Can employees refuse to work overtime ? What are the consequences ?


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 .

 Can employees refuse to work overtime ? What are the consequences ?


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 .

 Can employees refuse to work overtime ? What are the consequences ?


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 .

 Can employees refuse to work overtime ? What are the consequences ?


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 .

 Can employees refuse to work overtime ? What are the consequences ?


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 .

 Can employees refuse to work overtime ? What are the consequences ?

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