Labor Law Analysis
Labor Law Analysis: Article 41 of the extension of working hours
[2011-05-31] promulgated time [source] [section] [Keyword] labor law Shiyi work longer hours than workers resolve labor laws need not be negotiated
Article 41 requires the employer as a result of production and management, after consultation with the trade unions and workers can extend the working time, generally can not be more than one hour a day; for special reasons need to extend the working hours, the protection of the health conditions of workers under the extension of working hours per day shall be more than three hours, but may not be more than thirty-six hours monthly.
(1) The specific meaning of "work longer hours," the section on how to properly understand?
"Labor Ministry <People's Republic of China Labor Law> description of certain provisions" (1994/9/5)
Article 41 requires the employer as a result of production and management, after consultation with the trade unions and workers can work longer hours, generally can not be more than one hour daily; special reasons need to extend working hours, in conditions to protect the health of workers under the extension of working hours per day shall not exceed thirty hours per month but shall not be more than thirty-six hours.
Section in the "longer working hours" refers to the execution of the enterprise on the basis of working time system on overtime, this section of the "production and management needs" refers to the processing, commercial enterprises completion of the acquisition, transportation, processing of agricultural products in the season urgent task and so on.
What (2) The employer and the employee, "negotiation" to extend the working hours of the procedure? Whether laborer may refuse?
"The Ministry of Labour on the implementation of <People's Republic of China Labor Law> Issues Opinion" (1995/8/4)
71, negotiation is the program (Article 42 of the Labor Law and the "Department of Labor to implement <State Council on the working hours
[2011-05-31] promulgated time [source] [section] [Keyword] labor law Shiyi work longer hours than workers resolve labor laws need not be negotiated
Article 41 requires the employer as a result of production and management, after consultation with the trade unions and workers can extend the working time, generally can not be more than one hour a day; for special reasons need to extend the working hours, the protection of the health conditions of workers under the extension of working hours per day shall be more than three hours, but may not be more than thirty-six hours monthly.
(1) The specific meaning of "work longer hours," the section on how to properly understand?
"Labor Ministry <People's Republic of China Labor Law> description of certain provisions" (1994/9/5)
Article 41 requires the employer as a result of production and management, after consultation with the trade unions and workers can work longer hours, generally can not be more than one hour daily; special reasons need to extend working hours, in conditions to protect the health of workers under the extension of working hours per day shall not exceed thirty hours per month but shall not be more than thirty-six hours.
Section in the "longer working hours" refers to the execution of the enterprise on the basis of working time system on overtime, this section of the "production and management needs" refers to the processing, commercial enterprises completion of the acquisition, transportation, processing of agricultural products in the season urgent task and so on.
What (2) The employer and the employee, "negotiation" to extend the working hours of the procedure? Whether laborer may refuse?
"The Ministry of Labour on the implementation of <People's Republic of China Labor Law> Issues Opinion" (1995/8/4)
71, negotiation is the program (Article 42 of the Labor Law and the "Department of Labor to implement <State Council on the working hours