Labor Law Analysis

Topics: Working time, Employment, Labour law Pages: 15 (4431 words) Published: December 8, 2014
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 Issues Opinion" (1995/8/4) 71, negotiation is the program (Article 42 of the Labor Law and the "Department of Labor to implement Implementation Measures" except Article VII Provisions) decided to extend the working hours of the enterprise, the enterprise is indeed due to production and management needs when you must work longer hours in consultation with the trade unions and workers. Following consultations, the enterprise may decide to extend the labor law defines the working hours to work longer hours, in violation of corporate laws and regulations forced the extension of working time, workers have the right to refuse. Thus, if a labor dispute, labor dispute settlement mechanism can be brought to be dealt with. (3) whether to extend the working time refers only plus point does not include rest days or holidays and other holiday magic overtime? "The Ministry of Labour staff working hours on issues related to reply" (1997/9/10) Third, the "Labor Law" 41st, forty-four the 'extended hours' refers only plus point is, not including overtime on statutory holidays or rest days and other holidays (ie, whether the overtime is not the "Labor Law" Article 41 limit). "Labor Law" Article 41 of the restrictions on the extension of working hours plus points include the normal workday, rest days and statutory holidays and overtime. Days per month plus point, the rest of the total number of hours of overtime daily and legal holidays shall not exceed 36 hours. In form legislation departments did its legislative.

Labor Law Analysis: Article 42. extend working hours under special circumstances [2011-05-31] promulgated time [source] [section] labor law Shiyi Key words to work longer hours in special circumstances other emergency situations resolve labor law Article 42 of the following circumstances, the extension of working hours of unrestricted Article 41: (A) the occurrence of natural disasters, accidents or other causes, threatening the lives and health of workers and property, in need of emergency treatment; (B) production equipment, transportation lines, public facilities,...
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