Excluding the Labor Law, Article 42 of the circumstances, according to the provisions of Article 41 of the Labor Law, the employer because of the needs of production and management work, the arrangement of workers to extend the working time, should be negotiated with the trade unions and the workers, the workers have the right to refuse to work overtime, and then the supervisor or the management personnel to arrange for overtime work can be.
The employer arranges for workers to extend their working hours, which should be no more than one hour per day, no more than three hours in special circumstances, and no more than 36 hours per month.
When an employer extends working hours illegally, workers can complain to the labor inspection, which will give a warning, order corrections and impose a fine.
Labor Law
Article 41 An employer, due to the needs of production and operation, may extend the working hours after consulting with the labor union and the workers, and the working hours shall not exceed one hour per day in general; if the working hours need to be extended due to special reasons, the extension of the working hours shall not exceed three hours per day under the conditions of safeguarding the health of the workers, but the working hours shall not exceed thirty-six hours per month.
Article 42 Extended working hours shall not be subject to the limitations set forth in Article 41 of this Law under any of the following circumstances:
(1) In the event of a natural disaster, an accident, or for any other reason, a threat to the life, health and property safety of workers, which needs to be urgently dealt with
(2) Where there is a breakdown of production equipment, transportation routes, or public ****ing facilities, which affects production and the public interests and must be repaired in time
(3) Other cases stipulated by laws and administrative regulations.
Article 43 An employer shall not extend the working hours of a worker in violation of the provisions of this Law.
Article 90 Where an employer extends the working hours of a worker in violation of the provisions of this Law, the labor administrative department shall give a warning and order rectification, and may impose a fine.