At the same time, however, Article 41 of the Labor Law also stipulates: "An employer may, due to the needs of production and operation, extend the working hours after consultation with trade unions and laborers, generally not exceeding one hour per day. If it is necessary to extend the working hours for special reasons, the working hours shall not exceed three hours per day and thirty-six hours per month. "
In many employers, due to some urgent and unexpected tasks, it is understandable to work overtime properly. However, the problem is that the "overtime phenomenon" has been generally institutionalized and seriously overtime in some workplaces, involving a wide range of people, which not only seriously infringes on the legitimate rights and interests of workers, but also seriously damages their physical and mental health.
As we all know, long-term overtime, especially "excessive overtime", not only seriously occupies the rest time of workers, makes employees in a state of fatigue, reduces work efficiency, but also is prone to accidents. Especially in recent years, the phenomenon of "excessive overtime" of workers in new formats has become more serious. For example, in order to take more orders, food delivery staff and couriers have been on the road for a long time, which has led to some traffic accidents, and some even paid the price of their lives. At the same time, some "excessive overtime" still exists "invisibility" phenomenon. For example, since the emergence of smart phones and work WeChat groups, many people's commuting time boundaries have become blurred. Some companies require employees to be on standby in the WeChat group 24 hours a day. It is illegal to miss the phone call or not reply in time, and even get fired.
It can be seen that "excessive overtime" has become "the normal state of the workplace". Therefore, the author believes that to curb the strange phenomenon of "excessive overtime" in the workplace, we must "work together."
First of all, the labor inspection department should "perform their duties". Labor inspection departments should actively assume their main responsibilities and seriously investigate and deal with the phenomenon of "excessive overtime". The interview, the stop and the punishment forced him to strictly abide by the labor law, safeguard the legitimate rights and interests of workers and protect their physical and mental health.
Secondly, workers should learn to "safeguard rights". Once employees encounter the phenomenon of "excessive overtime", they should not only say "no" boldly, but also actively complain to the labor inspection department to protect their labor rights and interests from infringement and physical and mental health from damage. They should not be "dumb" and forced to work overtime.
Third, employers should "abide by the law". Relevant departments should strengthen the publicity and education of popularizing the law, so that employers can know that "overtime" is illegal, so as to consciously respect and abide by the law and not maliciously force employees to "work overtime".
Of course, if the phenomenon of "excessive overtime" has occurred, the labor inspection department should, in addition to conducting necessary investigations and urging rectification, earnestly urge the employer to pay "overtime pay" to the workers on time, so as to avoid making the workers work hard and not get the "overtime pay" they deserve. In this way, it is the "dereliction of duty" of the labor inspection department.