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Is it illegal for employees to be assigned to the night shift all the time?

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Is it illegal for employees to be assigned to the night shift all the time?


        

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  • 2024-06-14 10:00:58

    Is it illegal for employees to be assigned to the night shift all the time? It is illegal for employees to be arranged to work night shifts all the time and not pay overtime wages. Article 31 of the Labor Contract Law stipulates that employers shall strictly implement the labor quota standards and shall not force or in disguised form force workers to work overtime. In addition, Article 41 of the Labor Law stipulates that the employing unit may extend its working hours after consultation with the trade union and workers due to the needs of production and operation, generally not more than one hour a day. If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed 3 hours per day, but not more than 36 hours per month, under the condition of ensuring the health of workers. Article 38 of the Labor Law stipulates that employers shall ensure that workers have at least one day off per week. If an enterprise forces workers to extend working hours in violation of laws and regulations, workers have the right to refuse. Compensation conditions that employees are not judged to be illegal when they are assigned to night shifts: Article 43 of the Labor Law of the People's Republic of China shall not extend the working hours of employees in violation of this Law. Article 44 Under any of the following circumstances, the employing unit shall pay labourers remuneration higher than their wages for normal working hours according to the following standards: 1. If labourers are arranged to extend their working hours, no less than 150 percent of their wages shall be paid. 2. If a worker is arranged to work on a rest day but cannot take compensatory leave, he shall be paid not less than 200 percent of his salary. 3. If workers are arranged to work on statutory holidays, they shall be paid no less than 300% of their wages.

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