Little Science Popularization: if leaders assign urgent tasks and employees refuse to work overtime, is it considered as absenteeism?
Heimin 2020-11-27 10:39:15

 Little science popularization : The leader assigned an urgent task , Employees refuse to work overtime , Is it absenteeism ?


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 ?

1

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 .


 Little science popularization : The leader assigned an urgent task , Employees refuse to work overtime , Is it absenteeism ?


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 .


 Little science popularization : The leader assigned an urgent task , Employees refuse to work overtime , Is it absenteeism ?


2

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 .


 Little science popularization : The leader assigned an urgent task , Employees refuse to work overtime , Is it absenteeism ?


3

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 ~




 Little science popularization : The leader assigned an urgent task , Employees refuse to work overtime , Is it absenteeism ?

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