in real life , Many employers because of economic benefits , Will often arrange employees to work overtime , But if employees refuse to work overtime , Is it absenteeism ？
This is also a place where many partners are confused , Today, let's find out whether refusing to work overtime is considered absenteeism ？
If an employee refuses to work overtime, he is absent from work ？
Unless it is in accordance with legal circumstances or sufficiently reasonable , Employers arrange employees to work overtime , The employee shall be informed in time and agreed by the employee , If the employee does not agree , In principle, you can't force overtime .
According to relevant regulations , 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 , No more than 36 Hours .
No unit or individual may extend the working hours of employees without authorization .
As an employee , We should be in the same boat with the enterprise , Enterprises need employees to work overtime , The staff and workers should obey the arrangement as much as possible .
But a lot of people think , For employers to arrange employees to work overtime , All employees must obey unconditionally . In fact, employers arrange employees to work overtime , The employee should be informed in time and agreed by the employee .
If the employee doesn't agree , In principle, employers can not force overtime , Unless it is in accordance with legal circumstances or is sufficiently reasonable .
among , The legal situation refers to the following four situations ：
1、 There's a natural disaster 、 Accidents or other reasons , The safety and health of the people and the national assets are seriously threatened , Need urgent treatment ;
2、 Production equipment 、 Transportation lines 、 There's something wrong with public facilities , Affect production and public interest , It must be repaired in time ;
3、 Equipment maintenance must be carried out during the shutdown period of statutory holidays or public holidays 、 maintain ;
4、 In order to fulfill the urgent task of national defense , Or complete other emergency production tasks arranged by the superior outside the national plan , And business 、 Supply and marketing enterprises complete the acquisition in the peak season 、 transport 、 Urgent task of processing agricultural and sideline products .
In addition, due to emergencies, etc , If the employee refuses to work overtime, it will cause losses to the production and operation , You can't refuse to work longer .
If the employer arranges employees to work overtime , It does not conform to the legal situation , And it is not fully reasonable , Working hours can only be extended after consultation with employees , And provide overtime treatment according to law .
If the laborer has legitimate reasons to refuse to work overtime , Not as a violation of discipline （ Like absenteeism ） Handle .
What is the overtime pay standard for employees
《 Temporary regulations on wage payment 》 Article 13
The unit of choose and employ persons after the laborer has finished the work quota or the prescribed work task , Arrange workers to work outside the statutory standard working hours according to actual needs , Wages shall be paid according to the following standards ：
1、 Employers arrange workers to extend their working hours beyond the statutory standard working hours , According to not lower than the laborer's own hourly wage standard stipulated in the labor contract 150％ Pay workers ;
2、 Employers arrange workers to work on rest days according to law , And you can't arrange a day off , According to not lower than the laborer's daily or hourly wage standard stipulated in the labor contract 200％ Pay workers ;
3、 Employers arrange workers to work in legal holidays and festivals according to law , According to not lower than the laborer's daily or hourly wage standard stipulated in the labor contract 300％ Pay workers .
What are the requirements and restrictions for employees to work overtime
1、 No more than... Per day 1－3 Hours , No more than 36 Hours ;
2、 Work on the day off , Employers can arrange compensatory leave . Arrange for a day off , Don't count overtime ;
3、 Extend working hours to work overtime or work overtime on statutory holidays , The employer shall not offset overtime by arranging compensatory leave .
After reading the above content , Is it clear to everyone that , Employers can't force workers to work overtime , If the employee refuses to work overtime , Should not be treated as absenteeism ~